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Course Details

Current Issues In Software Taxation

Webinar: ID# 1026200
Recorded CD
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About This Course:
Existing tax and legal frameworks vary tremendously among states in such areas as cloud computing, electronically delivered software, and the treatment of prewritten vs. custom software.

Sellers of software and buyers alike need to understand the proper income tax and sales/use tax treatment of these areas. Our speaker demonstrates the value of up front tax planning when making large software investments or for sellers, entering new markets in the U.S.

Such planning is critical to avoiding surprise, material tax assessments and added state-local expense. The tools provided will assist you in taking control of your company's state and local tax environment rather than putting in the hands of tax authorities, customers and vendors.

AGENDA

Software and the Multistate Tax Environment
  • Software and Computer Services – What Are We Talking About?
  • The "Big Picture": Trends in the Taxation of Software
  • What's at Stake – States vs. Businesses
Sales and Use Taxes
  • Software – a Definitional Framework and Its Sales/Use Tax Significance
  • Seller vs. Buyer Considerations
  • Nexus – Does "Quill" Still Matter?
  • Streamlined Sales and Use Tax Agreement – Impact on the Software Issue
  • Mode of Software Delivery and Situs of Software Transactions
  • Cloud Computing – a Service or Licensed Software?
  • Exemptions That May Apply e.g. Resale, Manufacturing
  • Specific States and Their Treatment of Software
  • Bundled or Mixed Service Transactions – Where Does the Internet Fit In?
Income and Business Enterprise Taxes
  • Software Definitions – Income vs. Sales/Use Tax
  • Nexus – the Wild West?
  • Apportionment
  • Specific State Apportionment Rules
  • Other Business Enterprise Taxes e.g. Ohio CAT, Washinton B&O, Virginia County BPOL
Practical Issues and Planning Strategies
  • Sales Tax – Software Vendor Considerations e.g. License Agreement vs. Service Fee, Nexus Planning, Quality of Sale Data, Exemption Certificates
  • Use Tax – Buyer Considerations e.g. Documenting Software Investments, Unbundling Mixed Transactions, Proper Use of Exemption Certificates
  • Income and Franchise Taxes – Nexus Planning, Quality of Apportionment Data, Measuring Cop, Throwback – Throw out Rules and Other Issues
  • Managing Tax and Financial Risk Related to Software e.g. Asc 740 (Fin 48), Quality of Internal Controls
About The Presenters

Myles Metzger
  • Staff accountant with Baker Tilly Virchow Krause, LLP, joined the firm in January of 2016
  • Specializes in tax consulting, planning, and compliance within Baker Tilly’s state and local tax practice
  • Experienced in multistate corporation and franchise tax, gross receipts and business entity taxes, sales and use tax, property tax, etc.
  • Works with a diverse client base, including companies in manufacturing, construction, agriculture, software, retail and service industries
  • B.S. degree in accounting and finance, University of Wisconsin - La Crosse
Alyssa Schmitz
  • Manager with Baker Tilly Virchow Krause, LLP, joined the firm in October 2011
  • Specializes in tax consulting, planning, and compliance within Baker Tilly’s state and local tax practice
  • Experience with multistate corporation and franchise tax, sales and use tax, property tax, and business credits and incentives
  • Client base includes companies in the construction, software, and manufacturing industries
  • Develops and implements income tax saving strategies for multistate business clients; reviews and analyzes state tax implications of business purchase and sale issues; works closely with software as a service provider to minimize tax and risk exposure; provides dispute resolution services, including state tax audits, appeals, private letter ruling requests, and voluntary disclosures; offers state tax compliance solutions including return preparation and tax outsourcing
  • B.S. degree in accounting, University of Wisconsin - La Crosse
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Current Issues In Software Taxation
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