Fundamental
Concepts and the Streamlined Sales Tax Project: Sales, use, gross receipts taxes –
their similarities and differences. Determining whether the tax
is imposed on the purchaser or seller. Taxation of services, tangible
personal property, contractors, corporate and partnership transactions.
Sales and use taxes on the local level. The administrative aspect:
licenses, permits, collection fees, exemption certificates, filing
requirements. The effect of the Streamlined Sales Tax Project on
promoting sales and use tax compliance and uniformity between the
jurisdictions. Recent developments.
Jurisdiction, Nexus
and the Internet: Coping with increased sales tax
collection and use tax remittance requirements. Impact of in-state
order acceptance versus telephone, direct mail or Internet solicitation,
drop shipments, distribution from out-of-state, delivery in company
trucks, warehousing, national versus local advertising, collection,
financing, other service activities. Destination and title passage
issues. Economic, physical, electronic presence and their tax consequences.
How to respond to nexus questionnaires. Recent administrative, court
and legislative developments.
Services,
Software, Leases and Other Special Transactions: Application
of sales and use taxes to the various forms of computer software — canned,
custom, electronic, load-and-leave; pure services and mixed
transactions; installation and fabrication labor; repairs and
warranties; leases, short-term rentals, installment sales,
sale/leasebacks, leases with an operator; sales of assets in
mergers, acquisitions, liquidations or corporate reorganizations;
sales to government, exempt and charitable organizations; construction
contractors. Supporting the exemptions – problems of
proof. Planning and refund opportunities.
Determining the Taxable
Base: The inclusion or exclusion of specific items
in determining the gross proceeds or sales upon which the tax is
based. Treatment of cash and trade discounts, coupons, rebates,
returns and allowances, transportation expenses, trade-ins, finance
charges, repossessed property, bad debts and taxes paid to other
jurisdictions. Impact of the separately stated rule on the taxability
of gross receipts and how transactions may be structured to minimize
the imposition of tax.
Hot Topics in Sales
and Use Taxation: The latest
administrative, court and legislative developments on various hot
topics in sales and use taxation such as: qualifying for the manufacturing
exemption; how states are taxing intercompany, Internet, telecommunication,
and other services; sourcing issues in multijurisdictional transactions;
procedural limitations on refunds and assessments; and more, with
a focus on the planning and refund opportunities arising therefrom.
Ethics and Managing
the Sales and Use Tax Function: Structuring
the sales and use tax function to maximize effectiveness while
complying with personal ethical standards and those set by
the AICPA, ABA, state CPA societies and bar associations.
Organizing and maintaining electronic records that can be trusted.
Motivating and training staff to apply sales and use tax laws correctly
to both purchases and sales. Cost saving strategies. Using computer
software programs to manage exemption certificates and file sales
and use tax returns.
Preparing for Audits and Litigation: How
to handle a sales or use tax audit, from the arrival of the audit
notice to the post-audit review. Ethical considerations. Statistical
samplings – their benefits and burdens. Analyzing whether
to protest an assessment to the administrative, trial and appellate
levels. Working effectively with outside counsel.
Problems: Practical application of the concepts
presented. |
