Performing Multistate Nexus Reviews: Assessing Sales, Income, and Other Tax Exposure

Description

Where businesses collect, how they collect, and what they collect among the more than 10,000 taxing jurisdictions in the U.S. can be simply mindboggling. Calculating how much a business owes at any given time can be equally daunting when a practitioner doesn't know the steps to assess business filing obligations in other states. Our experts will explain the process of determining whether an entity has a reporting and payment obligation for income, sales, and other taxes outside its home state.

Doing business in a new state brings new opportunities and, typically, tax compliance burdens. Practitioners are often asked to weigh the filing burden and associated costs against the potential risks of noncompliance when a business enters a new state.

Tax advisers may assess an entity's exposure to state tax liability to determine whether prior-year filings are in order or whether to file going forward quietly. Considering state income tax and sales and other local taxes, the complexity of SALT can be daunting.

Nexus is the threshold of business activity that creates an obligation to collect, report, and remit tax in a state. Determining whether a taxpayer or entity is "doing business in" a state to meet the threshold can be difficult. Some businesses erroneously believe that even after Wayfair, they are protected by Public Law 86-272 because the business' presence in a state is minimal.

However, this protection is limited to the selling of tangible personal property. Entities may have economic nexus without facilities, employees, or tangible property in a state that triggers tax obligations, and noncompliance can be costly. Technology makes it simple for businesses to reach out-of-state customers, making SALT expertise necessary for tax practitioners.

Listen as our panel of experts explains the steps they use to perform out-of-state nexus reviews for clients, including identifying clients with state tax exposure, typical state nexus thresholds, and handling missed reporting and tax liability obligations when found.