Uncovering the Complexities of Out-of-State Sales Tax Registration
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Learn techniques to better recognize and understand the best approach to manage any tax exposure.Recognize and understand nexus standards for sales taxes and the most efficient approach to manage tax exposure. In June 2018, the Wayfair decision created new nexus guidelines in each state followed by marketplace facilitator rules. In March 2020, COVID-19 reshaped our world where online sales greatly increased many workers working remotely causing other nexus creating activities in select states. Many companies are expanding their customer base and service offerings, from organic or acquisition of companies where nexus is created in new states requiring registrations. Some of the most difficult aspects of tax registrations is determining the states where nexus is created, if there are past sales tax exposure, and the best approach to manage the tax exposure without penalties. This topic will explore new nexus rules for sales tax, states where nexus may be established, managing the registration process, discussion on voluntary disclosure, and share the experience in assisting domestic and international clients with nexus issues, tax registrations, tax filings, voluntary disclosure, and tax amnesty.
AuthorsMartin Joseph, CMI, Crowe LLP Steve Rinaldi, CPA, Crowe LLP Trevor Urbanski, Crowe LLP Dana Vasilakos, Crowe LLP
Introduction to Sales and Use Tax
• States That Impose Sales Tax
• Sales to Customers In-State
• Sales to Customers Out-of-State
What Is Nexus?
• What Does It Mean to Have Nexus in a State?
• Is There Equal Treatment for Sales Tax?
Activities That Create Nexus
• Physical Activities
• Economic Activities
• Type of Business Activities Creating Nexus
- Software Installed and Controlled Remotely
- Accessing Cloud-Based Software
- Software as a Service
- Web Hosting
- Remote Sellers
- Drop Shipments
- Acquisition of a Company
• Sales Tax
• Evolution of Nexus Cases
• Wayfair Decision
• Marketplace Facilitators
• Managing Nexus and Sales Tax Exposure
• Practical Approach
• Client Practical Experiences
• Nexus Study
• Identify States Nexus Is Created
• Determine Estimated Tax Exposure
• Details on the Voluntary Disclosure Process
• Details on Amnesty Programs
• Details on the Business Registrations
• Sales Tax Return Filings
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