Early stage companies face unique sales and use tax hurdles, including economic nexus provisions; marketplace provider rules; use tax accruals; and proper product sale classifications related to automated sales tax filing software. In a straightforward and easy-to-understand manner, state tax practitioners, Craig Reilly and Ariele Doolittle will help you address sales and use tax issues and challenges specific to early sages companies. This course will help answer Wayfair compliance questions; analyze e-commerce issues such as marketplace provider rules; address use tax liabilities on early company purchases; and properly classify the taxability of sales of digital goods and services such SaaS, IaaS, digital products, and information services. The course will also address how taxing authorities identify businesses to audit, as well as tips and traps in defending a sales tax audit.
Publication Date: November 2022
Designed For
Tax and accounting staff responsible for state tax compliance and planning; business owners; entrepreneurs; CPAs, EAs, tax attorneys and other business and financial advisors working with business clients on sales and use tax compliance and planning
Topics Covered
- Wayfair Analysis and Fallout
- Proper Sales and Use Tax Product Classifications and Coding
- Marketplace Provider Rules
- Compliance Considerations
- Use Tax
- Sales and Use Tax Audits
- Voluntary Disclosures
Learning Objectives
- Recognize a practical understanding of the key unique state tax issues pursuant to Wayfair
- Recognize new marketplace provider rules
- Describe use tax compliance and apply suggestions
- Recognize and properly classify the taxability of emerging sales categories
- Identify tips and traps in a sales tax audit
- Identify the state that only uses $250,000 in in-state sales as its threshold
- Identify the state whose taxes electronically delivered canned software, digital products, and information services
- Identify the number of general requirements with respect to a marketplace facilitator
- Identify the state that allows a taxpayer's choice with respect to the cash or accrual basis
Level
Overview
Instructional Method
Self-Study
NASBA Field of Study
Taxes (2 hours)
Program Prerequisites
None
Advance Preparation
None
Instructors
Hodgson Russ LLP
Hodgson Russ has approximately 200 attorneys in offices in Albany, Buffalo, New York City, Rochester and Saratoga Springs, New York; Hackensack, New Jersey; Palm Beach, Florida, and Toronto, Canada.
We serve a wide range of clients, from multinational and privately held corporations to nonprofit organizations, governmental entities, and individuals. Our attorneys practice in every major area of law and use multidisciplinary work teams to serve the specific, often complex, needs of our clients.
K. Craig Reilly
Craig is a partner in the firm’s State & Local Tax Practice. Craig counsels businesses and individuals in a range of state and local tax issues, with a focus on New York State, New York City, New Jersey, and multistate tax issues.
Prior to joining Hodgson Russ, Craig was a judicial intern for the Honorable Jane A. Resanti of the U.S. Court of International Trade and an investigative analyst at the New York County District Attorney's Office.
Craig advises clients on all aspects of state and local tax from planning and compliance to controversy and litigation. He represents clients in disputes with the New York State Department of Taxation and Finance, New York City Department of Finance, and New Jersey Division of Taxation and is experienced in handling sales tax, corporate franchise tax, personal income tax, and residency audits.
Craig works closely with remote retailers and cloud-based software vendors on a variety of multistate tax compliance issues, including filing requirements, sales and use tax collection obligations, income allocation and apportionment, tax registrations, and applications for voluntary disclosure and other amnesty programs.
Ariele R. Doolittle
Ariele is a senior associate in the State & Local Tax or practice group of Hodgson Russ LLP. Her practice is focused on state and local tax matters, including civil and criminal tax controversies, with an emphasis on New York State tax litigation. Ariele’s experience includes personal income, franchise, sales and use, and fuel taxes. She has successfully represented clients before state agencies and in state and federal court actions and appeals. Ariele also advises clients on tax planning, residency planning and other administrative law matters. Prior to joining Hodgson Russ, Ariele was a law clerk at the New York State Division of Tax Appeals and Tax Appeals Tribunal.