Jurisdiction and Nexus: The latest interpretations by the states and the Multistate Tax Commission of Wrigley and Quill. State tax treatment of passive investment companies, financial institutions, service companies, credit card and Internet activities. Effect of having sales reps working at home, officers residing in-state, deliveries in company and third-party trucks, leased or mobile property, in-state affiliates, and other in-state activities. Impact of voluntarily registering to do business in a state. The growing use of economic nexus standards and their application in the income tax arena. Planning ideas for minimizing state income taxes.
The Unitary Concept: An analysis of current cases interpreting the extent of a state’s authority to apply the unitary concept in its many forms, e.g., domestic, worldwide, water’s edge combination. Unique statutory and regulatory definitions. The MTC approach. Legislative developments. Structuring business to best take advantage of unitary reporting. Application of the unitary concept to non-income taxes.
Business and Nonbusiness Income: Recent interpretations of the business/nonbusiness distinction by UDITPA and non-UDITPA states before and after MeadWestvaco. Determining “operational significance.” Using the functional, transactional, and unitary tests to minimize state taxation of short and long-term investment income, dividends, capital gains, rents, royalties, 338(h)(10) income, and other intangibles. Effect of operating under centralized cash management, through divisions, partnerships, S corporations, LLCs and other special situations on a business/nonbusiness determination. Treatment of complete and partial liquidations. Legislative developments; update on MTC efforts to reconsider the UDITPA definition of business income.
Conformity, Addbacks Plus Other Tax Base Issues: Limitations imposed by states on the deductibility of NOLs, depreciation, taxes imposed by other states. State tax treatment of related party dividends and fees, foreign source income, federal obligations and 338(h)(10) transactions. Planning opportunities and arguments to rebut related party expense disallowance. Areas of state taxation that could be impacted by federal tax reform.
Cost of Performance Versus Market Sourcing and Other Apportionment Issues: Characterizing business activities for purposes of apportionment. Does the company sell tangibles, intangibles, services, mixed products, or a combination? Discussion of sourcing issues and methods, including cost of performance and market sourcing. Treatment of installment, intercompany, drop shipment and dock sales; investment activities, service providers and specialized industries. Recent challenges to throwback and throwout rules, including the latest in the Joyce/Finnigan controversy and thePfizer/Whirlpool case. The increasing adoption of single factor sales formulas and what it means to multistate taxpayers. Proving distortion to obtain Section 18 alternative apportionment.
Flow-Through Entities and Their Owners: Nexus,
unitary, apportionment, tax base, conformity issues as applied
to flow-through entities and their owners. Hot topics in this area
such as how to handle non-resident owner withholding and coping
with the various state tax reforms designed to reach the income
of flow-through entities.
Ethical and Procedural
Issues: Ethical and strategic dilemmas involved
in conducting state income tax audits and running the state tax
department, including application of ethical standards set by the
AICPA, ABA, state CPA societies and bar associations. Determining
the availability of refunds and the associated procedural requirements,
such as payment under protest and “pay
to play.” Writing
a protest; alternative dispute resolution; the right to an administrative
appeal. Statute of limitations issues, including the effect
of RARs, waivers, settling with the IRS, and choosing the
date from which the limitations period should be measured.
Session: Practical application of the concepts