New Economic Presence Nexus Standards for Foreign Remote Sellers: Impact of Wayfair Holding on Non-U.S. Companies
Reporting and Remittance Duties on Offshore Entities, Marketplace Rules and Registration Obligations
Note: CLE credit is not offered on this program
Recording of a 110-minute CPE webinar with Q&A
This course will offer tax advisers to foreign companies with a practical evaluation of the impact of the Supreme Court decision in South Dakota v. Wayfair on non-U.S. based sellers of goods and providers of services. The panel will discuss the ramifications of the Court's overturning of the physical presence rule and detail potential expanded sales and use tax and other state and local tax obligations for offshore businesses meeting state economic presence nexus standards.
Outline
- Wayfair holding and economic presence rules for creating state tax nexus
- Existing economic nexus statutes and various states' approaches
- Impact on non-U.S. based remote sellers
- Reconciling permanent establishment rules with state nexus principles
- Possible new registration requirements
- State income, gross receipts and franchise tax obligations
Benefits
The panel will discuss these and other critical topics:
- How various states are seeking to apply economic presence nexus to remote sellers
- The additional safeguards provided to international sellers
- The possible application of economic nexus standards on additional taxes beyond sales and use taxes
- Likely means by which states may enforce sales and use tax obligations on non-U.S. remote sellers subject to tax under economic presence
Faculty
Michael T. (Mike) Dillon
President
Dillon Tax Consulting
Mr. Dillon is an attorney specializing in multistate sales and use tax matters for multistate and multinational... | Read More
Mr. Dillon is an attorney specializing in multistate sales and use tax matters for multistate and multinational businesses. For more than 20 years, as leader of his firm, practice leader for global accounting firms and in-house for two publicly-traded technology companies, Mike has successfully helped companies identify multistate nexus, negotiate settlements of historical exposure, register and automate sales and use tax compliance processes, and address risk during M&A activity. Mike has successfully represented taxpayers in over 200 sales tax audits, often coming in when “all hope is lost” to beneficially resolve the matter. He is highly sought to lecture and opine on sales tax matters.
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Sylvia F. Dion, CPA
Founder & Managing Partner
PrietoDion Consulting Partners
Ms. Dion's firm specializes in providing SALT consulting and compliance Services to companies throughout the U.S.... | Read More
Ms. Dion's firm specializes in providing SALT consulting and compliance Services to companies throughout the U.S. and in Europe, Canada, Australia and Asia. Her primary focus is advising U.S. and foreign companies on their multi-state nexus, the taxability of their products and services, and managing and mitigating their exposure such as through the Voluntary Disclosure process. Her industry focus is in eCommerce (online retail), Software/Technology and Manufacturing. She is a speaker, writer and avid tax blogger. Her articles on SALT issues and developments have been widely published, she is currently the author of Minding Massachusetts, a State Tax Notes quarterly column and is a contributor to SalesTaxSupport.com where she blogs on “Internet Sales Tax”, “U.S. Sales Tax for Foreign Sellers” and “Massachusetts Sales Tax.”
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Martin Eisenstein
Managing Partner
Brann & Isaacson
Mr. Eisenstein is one of the nation’s leading experts in state and local taxation of information... | Read More
Mr. Eisenstein is one of the nation’s leading experts in state and local taxation of information technology. He has wide experience in state and local tax issues and has represented prominent providers in major litigations, including filing amicus briefs in the United States Supreme Court. He is a regular contributor to State Tax Notes, among other publications, writing on state tax developments. Mr. Eisenstein has been selected consistently by his peers as one of The Best Lawyers in America.
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