M&A considerations in light of Wayfair
Buyers and sellers must now consider how Wayfair affects M&A tax due-diligence efforts, purchase agreement indemnities, and navigating remediation plans between the parties around prior-period exposures.
Nexus
New York’s response to Wayfair: Storms on the horizon?
New York's Notice N-19-1 provides some guidance to remote sellers doing business in New York, but several uncertainties remain.
Tax consequences for professional athletes in 2018
Proper advance planning is imperative to maximize the benefits of the TCJA provisions.
Alabama Scholastic case: Historic sales and use tax nexus issues with an eye toward Wayfair
A recent Alabama Court of Civil Appeals decision held that the business model used by a prominent classroom bookseller did not create use tax nexus in Alabama during a lengthy audit period at issue .
Why SALT will take center stage next to tax reform in 2019
Wayfair and the TCJA have positioned SALT issues to be a leading consideration in the overall tax landscape in the 2019 tax return preparation season.
Initial perspectives on Wayfair
This decision is the most significant state tax case in the past 25 years and raises new and fundamental issues.
Supreme Court abolishes physical presence requirement for sales tax collection
The Supreme Court overturned its decision that required businesses to have physical presence in a state before the state could require them to collect and remit sales tax on purchases by customers within the jurisdiction.
Supreme Court overturns Quill’s physical presence requirement
The U.S. Supreme Court held that states can assert nexus for sales and use tax purposes without requiring a seller’s physical presence in the state.
Supreme Court to hear South Dakota v. Wayfair: Has the twilight of Quill arrived?
South Dakota is challenging, and attempting to have overturned, the physical presence nexus standard for the collection of sales and use taxes.
Supreme Court hears oral arguments in sales tax nexus case
The Supreme Court heard oral arguments in a case with broad remote sales tax collection ramifications.
Blurred lines of business: Nexus and New Jersey’s corporation business tax
Three recent cases serve as a tool for taxpayers seeking guidance on when an out-of-state corporation owning a passive ownership interest in a passthrough entity doing business in New Jersey might be found to have nexus.
Proposed changes to services sourcing under California’s market-based sourcing regulations
This column discusses the definition of “benefits received” under the regulation for sourcing service receipts.
States probing boundaries of ‘physical presence’
States are attempting to increase revenues by enacting laws that expand the definition of nexus-creating activities.
Sales-and-use-tax nexus in the internet age: What’s a retailer to do?
States have gotten creative and taken matters into their own hands in an attempt to collect lost tax revenue.
Sales-and-use-tax considerations of software as a service
This column discusses compliance considerations, including nexus, taxability, and how to source the revenues from customers.
State tax considerations for foreign companies with inbound U.S. investments
Non-U.S. taxpayers generally are surprised by the degree of complexity involved in complying with U.S. state and local taxes.
State and Local Tax Considerations for Inbound Foreign Entities
Foreign entities not engaged in a U.S. trade or business, not deemed to have a permanent establishment, or that have claimed a federal treaty exemption may still be subject to state and local income taxes.
Water’s-Edge Election: Effectively Connected Income and the 20% Rule in California
This item discusses how foreign corporations that generate income from intangible assets are affected by the economic nexus rules as well as the water’s-edge rules.
Factor Presence Nexus Standards and Market-Based Sourcing: A Tough Combination for Service Businesses
The combination of factor presence nexus standards and market-based sourcing of services for sales factor purposes can have a particularly significant impact on multistate service providers.
New Jersey’s Sourcing Rule for Gain on Dispositions of Interests in Flowthrough Entities Can Be a Real Deal-Killer
Stress points that often produce significant difficulties include apportionment issues stemming from the mixed entity and aggregate treatment of flowthrough entities, the attribution of nexus up and down tiered flowthrough structures, and the impact on individual owners of residency rules and unusable credits for taxes paid to other states.
