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Nexus and Apportionment Issues: State and Local Taxes, Sales and Use Taxes, Market-Based Sourcing of Receipts

Note: CLE credit is not offered on this program

Recording of a 110-minute CPE webinar with Q&A

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Conducted on Thursday, November 10, 2022

Recorded event now available

or call 1-800-926-7926

This course will guide tax professionals on evolving state tax nexus and apportionment issues for multistate companies with a remote workforce, including new complexities caused by guidance issued in response to COVID-19 pandemic and thereafter. The panel will provide insight into multiple compliance issues such as apportioning income between states where remote employees provide services, navigating contradictory rules and potential double taxation of the same income, COVID-19 exceptions to nexus, recent updates relating to the sourcing of receipts from services, and other key state tax compliance issues.

Description

Application of state tax nexus rules to out-of-state businesses continue to evolve. Most states adopted economic nexus laws for income tax while shifting towards market-based sourcing, while all states that impose sales tax now have Wayfair-based economic nexus provisions. Even before COVID-19, the telecommuting of employees from their home state has caused nexus and income apportionment issues for multistate companies.

Now businesses must consider whether the presence of an employee working from home, even if temporarily, creates taxable nexus for the employer in that state. How will telecommuting impact income sourcing? Tax professionals must understand applicable state tax laws and identify critical issues such as apportioning income, contradicting state rules, and other vital items to implement strategies to minimize state taxes.

Listen as our expert panel provides a practical guide to crucial nexus and apportionment issues, allocating income between the home state and states where remote employees provide services, sourcing rules, and related topics, and the current state of nexus standards and key nexus developments in state taxation.

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Outline

  1. Nexus standards and implications during and post COVID
  2. Nexus developments impacting remote sellers
  3. Economic presence as a strategy for states to extend tax reach
  4. Navigating apportionment and sourcing issues and ensuring compliance
  5. Planning strategies to minimize state tax risks based on nexus

Benefits

The panel will discuss these and other key issues:

  • What are the recent state developments on nexus standards?
  • How have nexus standards changed in some states due to COVID-19?
  • What are the critical apportionment and sourcing issues and methods to avoid them?
  • What are the issues unique to service providers?
  • What multistate planning strategies and technology solutions are available in light of the shift in nexus standards?

Faculty

Howe, Timothy
Timothy R.J. Howe, CPA

Partner
Smith & Howard

Mr. Howe leads the firm’s sales and use tax practice. He has over a decade of tax, technology, and business...  |  Read More

Lipin, Ilya
Ilya A. Lipin

Tax Principal, Atlantic Region State and Local Tax Practice Leader
BDO USA

Mr. Lipin provides clients with state tax advice in the area of multistate income taxes, sales and use taxes, tax...  |  Read More

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