Surgent Live Webinar CPE



MTEC-W02
Multistate Taxation of Electronic Commerce

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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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