State Throwback and Throwout Rules: "Nowhere" Income, PL 86-272, Tangible and Intangible Sales
Recording of a 110-minute CPE webinar with Q&A
This course will explain the throwback and throwout rules with practical examples of how these calculations are made. Our panel of state and local tax professionals will discuss nexus, apportionment allocations, and how SALT planning should incorporate these rules for businesses with sales transactions in multiple states.
Outline
- Background
- Apportionment
- Nexus
- Throwback rules
- Throwout rules
- Tangible and intangible property
- Interaction with Public Law 86-272
- Unitary combined reporting
Benefits
The panel will review these and other critical issues:
- What differences are there between state throwback rules for sales of tangible and intangible property?
- How does Public Law 86-272 impact the application of throwback and throwout rules?
- What are common state apportionment methods and how do these interact with throwback rules?
- What planning opportunities exist for the distortions presented by application of throwback rules?
Faculty

Nikki E. Dobay
Partner
Eversheds Sutherland (US)
Ms. Dobay is a nationally known state tax lawyer with significant experience and understanding of state tax policy. She... | Read More
Ms. Dobay is a nationally known state tax lawyer with significant experience and understanding of state tax policy. She regularly consults clients on sophisticated multistate tax issues as well as the consequences and planning opportunities related to corporate M&A transactions. Ms. Dobay represents clients in all stages of state and local tax controversy – from audits to appellate litigation – involving income and franchise taxes, sales and use taxes, property taxes, and constitutional issues. Prior to joining Eversheds Sutherland, Ms. Dobay spent five years as Senior Tax Counsel of the Council on State Taxation (COST). During her time with COST, shei worked with their membership of nearly 550 multistate corporations, where she advocated for COST’s mission: to preserve and promote equitable and nondiscriminatory state taxation of multi-jurisdictional entities.
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Jared Walczak
Vice President of State Projects
Tax Foundation
Mr. Walczak is Vice President of State Projects with the Center for State Tax Policy at the Tax Foundation. He is the... | Read More
Mr. Walczak is Vice President of State Projects with the Center for State Tax Policy at the Tax Foundation. He is the lead researcher on the annual State Business Tax Climate Index and Location Matters, and previously authored or coauthored tax reform books on Iowa, Kansas, Louisiana, Nevada, Pennsylvania, and South Carolina.
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