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Course Details

Nexus: The Costs Of Noncompliance

Webinar: ID# 1023356
Recorded CD
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About This Course:
Nexus is the power of a state to tax an out-of-state company.

Ignoring nexus can lead to potentially large, unquantified liabilities that can destabilize a company. Ignoring nexus can also (1) complicate financial reporting; (2) complicate the sale of the business; and (3) result in civil and potentially even criminal penalties against the business and its managers.

The nexus rules are changing quickly and dramatically. The constitutional prohibitions against taxing e-commerce have partially collapsed.

Meanwhile, the physical presence nexus test is under major attack. This test prevents the collection of sales taxes unless the vendor has a physical presence in the taxing state. These legal developments occur as resistance to e-commerce and related e-commerce sales taxes have also collapsed.

This course provides a critical overview of nexus during this time of seismic legal and economic change.

AGENDA

The Cost of Noncompliance: Potential Exposures Arising From Unreported State Income, Sales and Use Taxes
  • Potential Criminal Penalties
  • Civil Penalties and Interest
  • A Potentially Long Look-Back Period
Nexus for State Income Taxes
  • Public Law 86-272
  • Economic Presence Nexus
  • Agency and Independent Contractor Nexus
  • State Income Taxation of Foreign Companies – Traps for the Unwary
Nexus for State Sales and Use Taxes on Internet Sales
  • Background: Amazon's E-Commerce
  • The Attack on the Physical Presence Nexus Standard
  • Agency Nexus
  • Click-Through Nexus
  • Types of Affiliate and Attributional Nexus
Noncompliance Red Flags
  • Avoiding Unreported State Income Taxes
  • Avoiding Unreported Sales and Use Taxes
State Voluntary Disclosure Programs
  • What Is a State Voluntary Disclosure Program?
  • The Benefits of Voluntary Disclosure
  • The Mechanics of Voluntary Disclosure
About The Presenter

Morris N. Robinson, Esq., CPA, LL.M.
  • Founder of M. Robinson & Company, P.C., Tax Law Specialists, a tax firm located in Boston's financial district since 2005
  • Experienced tax lawyer and certified public accountant with more than 30 years of tax law practice
  • Focuses his practice on federal, international, and multistate taxation of businesses and individuals. This includes tax planning for the sale of businesses and resolving highly complex tax issues under the Offshore Voluntary Disclosure Program
  • Frequent speaker in front of local and national audiences on topics ranging from family-oriented tax planning to the tax and legal issues facing retirees living overseas
  • Wrote numerous publications including “State Voluntary Disclosure Programs: An Overview,” Tax Analysts, State Tax Notes (January 18, 2016) and “Use State Voluntary Disclosure When Complying with Expanded Nexus,” Tax Analysts, State Tax Notes (February 29, 2016)
  • Member of the American Academy of Attorney-Certified Public Accountants (president, New England Chapter), Boston Bar Association (Federal Tax Committee), and Massachusetts Society of Certified Public Accountants (State and Federal Tax Committees)
  • J.D. and LL.M degrees, Boston University School of Law, B.S. degree, Babson College
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Nexus: The Costs Of Noncompliance
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