Much has changed over the past two and a half years with respect to sales and use tax compliance. This presentation will review the impact the Wayfair decision has had on sales and use tax compliance, and provide a review of recent NY case law, administrative rulings and enforcement initiatives.
Who Should Attend
CPAs, CFOs, Controllers, Business Owners.
Topics Covered
- Review multistate sales and use tax compliance rules and initiatives including updates on how the states are administering their economic nexus provisions
- Review of case law, advisory options, and other NYS Tax Department publications issued in the past year
- Discussion of strategies and techniques the Department is using to find taxpayers for audit
- Practical strategies for handling typical audit issues
Learning Objectives
- Identify the applicable economic nexus provisions in force in each state
- Identify the data and information the NYS Tax Department is reviewing to find audit targets so as to better help clients avoid mistakes that place them on the state's radar
- Recognize the updated sales tax rules that stem from newly-issued authority
Level
Update
Instructional Method
Group: Internet-based
NASBA Field of Study
Taxes (2 hours)
Program Prerequisites
Basic understanding of New York Sales and Use Tax
Advance Preparation
None
Instructors
Joseph N. Endres
Joe counsels clients on a wide range of state and local taxation issues and represents taxpayers in disputes with the New York State Department of Taxation and Finance as well as the New York City Department of Finance. As the Sales & Use Tax Practice Leader, Joe’s practice focuses sales and use tax issues, especially in the technology (software as a service, cloud computing, digital products, etc.) and construction industries. Joe is the primary author of our firm’s sales tax blog, All About Sales Tax. Together with other attorneys in the State and Local Tax (SALT) Practice, Joe is a contributing author to our firm's handbook, What To Expect In a New York Sales and Use Tax Audit. Written in a question and answer format, this handbook discusses the issues that arise in these types of audits. Joe also counsels clients regarding personal income tax planning and residency issues. He co-authored, with Mark S. Klein, the 2019 Guidebook to New York Taxes, a reference source of information on this topic.
He also advises clients with respect to various federal and state tax incentive-based programs such as the federal renewable energy investment and production tax credits, New York State's Start-Up NY Program, the Excelsior Program, the former Empire Zone Program, the Brownfield Tax Credit Program and the Historical Building Rehabilitation Tax Credit Program.
As the Abandoned Property Audits Practice Leader, Joe counsels clients in this area of law and has represented large corporations in complex compliance matters such as multistate abandoned property audits and voluntary disclosures.
Daniel P. Kelly
Dan is a senior associate in Hodgson Russ’s Tax Practice. Licensed in both New York and Florida, Dan focuses on state and local tax matters, and regularly advises individuals and businesses on different aspects of New York State and New York City personal income tax, sales and use tax, corporate franchise tax, and several other lesser-known taxes. While focused on tax matters, Dan often counsels clients on a wide variety of legal matters, teaming up with his colleagues in different disciplines to deliver creative, pragmatic, and efficient solutions.
Dan’s clients frequently rely on his guidance for: tax planning for significant liquidity events; changing or establishing state and local tax residency; income, franchise and sales tax substantial nexus issues; complex business income and earnings allocation issues; and related matters. He has extensive experience representing taxpayers in audits conducted by several tax jurisdictions, and also represents taxpayers at various levels of tax controversy dispute resolution and appeal.
Dan enjoys the opportunity to share his views on current state and local tax topics and legislative developments through speeches and in articles published in a variety of state and local tax publications.