Sales Tax Issues for Products and Services: Taxable and Nontaxable Components, Audit Defense, Documentation

Note: CLE credit is not offered on this program

A live 110-minute CPE webinar with interactive Q&A


Thursday, January 7, 2021

1:00pm-2:50pm EST, 10:00am-11:50am PST

Early Registration Discount Deadline, Friday, December 4, 2020

or call 1-800-926-7926

This webinar will provide guidance to tax professionals and advisers on key issues regarding the sales taxation of products and services. The panel will provide a detailed analysis of transactions and products containing both taxable and nontaxable components, classifying products and services for sales tax purposes, and documentation, as well as offer best practices for audit defense for taxpayers.

Description

Companies providing a mixed bag of products and services face special challenges in determining where and how its products and services will be taxed. There is a general lack of clarity and uniformity among states regarding taxes on transactions combining both products and services. Tax professionals must understand the nuances of these types of transactions and potential sales tax implications.

Among the challenges companies face in assessing whether they will be subject to transaction taxes in a particular state is determining the nature of the service or product offered. Whether the transaction is subject to tax is based on the "true object" of the item sold. This is particularly true where the transaction has multiple bundled elements. In most jurisdictions, including a taxable product or service in a bundle with an otherwise nontaxable service may make the entire transaction subject to tax.

Other factors impacting whether services and products are subject to transaction tax are different states' rules for sourcing, how the various states treat and classify certain products and services, and whether the state has special rules for specific items.

Listen as our experienced panel discusses the various challenges of determining the taxability of services and products and the tax treatment of transactions containing both taxable and nontaxable components. The panel will also offer techniques for structuring contracts and transactions to segregate taxable from nontaxable services and products and effective audit defense strategies.

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Outline

  1. Determining the applicability of sales tax to products and services
  2. Transactions with both taxable and nontaxable components
  3. Recent state sales tax legislation
  4. Best practices for tax professionals and multistate businesses

Benefits

The panel will discuss these and other key issues:

  • What approaches are states taking to define the nature of products or services for purposes of determining taxability for sales and use tax?
  • How do various states treat contracts and transactions that contain both taxable and nontaxable components for state sales and use tax purposes?
  • How are states approaching the question of the taxability of mixed bag transactions?
  • What are the techniques for structuring contracts and transactions to segregate taxable from nontaxable services and products?

Faculty

DeBruin, Kent
Kent DeBruin, JD, LLM

Manager, State and Local Taxes
BDO USA

Overall, Mr. DeBruin has ten years of experience in state and local taxation. Although he specializes in all areas of...  |  Read More

Nagorski, Anthony
Anthony Nagorski, J.D.

State & Local Tax Senior Manager
BDO USA

Mr. Nagorski has nearly 10 years of sales and use tax experience within State and Local Tax, covering all industries...  |  Read More

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