State sales tax in the digital economy_ navigating electronic taxability and the factor presence rule _ cpe webinar _ strafford

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Sales tax advisers and IT companies providing software, bundled and cloud services face special challenges in determining how and where their products and services will be taxed. Love quotes from the bible There are numerous approaches among the individual states regarding taxes on IT services and products. Usd eur converter Some states have specific statutes and rules aimed at determining what products and services each state taxes, which may conflict with other states’ practices.


Among the challenges advisers face in assessing whether the software provider will be subject to transaction taxes in a particular state is defining the product or service in the transaction—particularly when the transaction has bundled elements.

If the “true object” of the item sold is included in a state’s definition of taxable products or services, then the sale is likely subject to transaction tax. Aus usd In most jurisdictions, bundling an otherwise nontaxable service with a taxable product or service may render the entire transaction taxable.

Additionally, the rise of the factor presence rule adds another dimension to whether a transaction will be subject to taxation. Gbp usd fx rate States have been slow to adopt the Multi-State Tax Commission’s (MTC) model rule. Usd to british pound converter However, nine states currently use it, including Ohio, Alabama, California, Colorado, Connecticut, Michigan, New York and Tennessee. Exchange rate us canada This bright-line standard establishes nexus and tax liability whenever a statutory threshold is exceeded, including sales-only thresholds.

Listen as our experienced panel discusses the various challenges of determining the taxability of IT services and products; explains the pitfalls of the factor presence rule; and reviews best practices for structuring contracts and transactions to segregate taxable from nontaxable services and products.

Mr. Bertoni is a partner at Brann & Isaacson who handles state and local tax cases across the United States involving questions of statutory and constitutional tax jurisdiction. He is currently representing a major Internet retailer in its Commerce Clause challenge to Ohio’s Commercial Activity Tax before the Supreme Court of Ohio, as well as constitutional challenges to sales and use tax and income tax assessments in states including Wisconsin, Georgia, Alabama, New York, and Maine. David is a graduate of the University of Rochester and the George Washington University Law School. Market futures live Michael E. Oil meaning in bible Carey, Esq.

Mr. Iqd to usd exchange rate Carey is a Brann & Isaacson attorney who focuses his practice on state and local taxation of information technology and telecommunications services, regulatory and administrative proceedings (including state tax and other regulatory issues), and civil litigation. Gold usd In addition to his work in the law, Michael has worked for a national information technology consulting company. Crude oil futures marketwatch Michael is a graduate of Dartmouth College and the University of Maine Law School. Python binary Martin Eisenstein, Managing Partner

Mr. World markets futures Eisenstein is one of the nation’s leading experts in state and local taxation of information technology. He has wide experience in state and local tax issues and has represented prominent providers in major litigations, including filing amicus briefs in the United States Supreme Court. He is a regular contributor to State Tax Notes, among other publications, writing on state tax developments. Mr. Ringgit to usd converter Eisenstein has been selected consistently by his peers as one of The Best Lawyers in America.

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