
MTEC-W02
Multistate Taxation of Electronic Commerce
Date/Time: Wednesday, December 19, 2012, 1-3 p.m. Eastern
(see all dates)
Presenter(s): Pamela Davis-Vaughn, CPA
Some of today's hottest issues are those focusing on state taxation in the digital marketplace. These issues impact virtually every entity engaging in eCommerce whether as a buyer or a seller. This session will address the current trends, issues and complexities surrounding the taxation of digital goods, including online content, music, e-books, videos and other products currently available in the digital world.
Major Topics:
- What is being purchased? What is the object of the transaction?
- Determination of nexus and sourcing
- Data processing, information services, telecom, digital goods, software and related services
- Method of Delivery
- What is the character of the transaction?
- Tangible personal property, service or something else
- State movement to classify "digital goods" as tangible personal property and increased availability of use based exemptions relative to use tax
- Sourcing of "electronic" transactions for income tax and sales tax purposes
- Federal legislation
- Digital Goods and Services Tax Fairness Act
- Main Street Fairness Act
- Issues with Cloud Computing
- Software as a Service (SaaS)
- Platform as a Service (PaaS)
- Infrastructure as a Service (IaaS)
- State struggles with definitions and server locations
- “Bundling” of prewritten software or hardware into cloud computing arrangements
- State laws fail to keep pace with the pace of technology
- High risk of taxation by multiple jurisdictions
- Click-Through Nexus
- Colorado reporting regime
- Several laws taxing remote sellers
- States that have not imposed taxes are increasing disclosure by remote sellers
- Commonly-controlled/related party presumption
- Impact on streamlined sales tax
- Proposed federal legislation
- The future of taxation in the digital marketplace
- What issues should taxpayers be seeking to address
- Planning issues for taxpayers
Learning Objectives:
- Understand recent changes in state statutes, regulations and case law as they apply to the digital marketplace
- Determine areas that may require additional attention for state tax planning purposes
- Identify areas that may be costly for their employers or clients
Designed For: CPAs in public practice and industry who need to keep abreast of the ever changing law of multistate tax
Level of knowledge: Intermediate
CPE Credits: 2, Taxes
Prerequisite: Experience working with clients in multiple states
Advance Preparation: None
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