State Tax, Nexus & Transaction Exposure in Mergers & Acquisitions Webinar

To provide CPAs, finance professionals, and tax accountants with practical knowledge, technical insights, and strategic frameworks needed to resolve state tax exposure, adapt to new apportionment rules, and maintain compliance across complex state jurisdictions.

• Nexus developments and remote workforce issues
  – Income tax nexus – P.L. 86-272 under assault
  – Sales tax nexus - pre-Wayfair
  – Sales tax nexus - post-Wayfair
  – Remote workforce issues
• Market-based sourcing and apportionment trends
  – In re: Microsoft Corporation
  – National Taxpayers Union and California Taxpayers Association v. Cal. Franchise Tax Board
  – Florida v. California
  – Smithfield Packaged Meats Corp. v. Cal. Franchise Tax Board
• State taxation of the digital economy
  – Internet Tax Freedom Act
  – No tax on internet access
  – No multiple or discriminatory taxes on electronic commerce
• State taxation of artificial intelligence (AI)

Lauren Ferrante, Counsel, KTS Law

Lauren Ferrante focuses her practice on state and local taxation. She represents clients at all stages of state and local controversy disputes at the audit, administrative, and judicial levels. She also counsels clients on planning, transactional, and compliance matters with respect to various state and local tax issues. In particular, Lauren has extensive experience defending clients against qui tam (False Claims Act) claims filed in the state tax arena.

Lauren is a prolific author and speaker on state and local tax matters including apportionment, nexus, and tax procedure as well as other state tax issues.

Prior to joining the firm, Lauren was a partner at a national law firm in its Chicago, Illinois office where she concentrated her practice on state and local tax and represented taxpayers in state and local tax controversy disputes. as well as transactional, planning, and compliance matters related to state and local tax issues.

To provide CPAs, finance professionals, and tax accountants with practical knowledge, technical insights, and strategic frameworks needed to resolve state tax exposure, adapt to new apportionment rules, and maintain compliance across complex state jurisdictions.

DETAILED LEARNING OBJECTIVES

• Identify internet-based activities that may cause a business to lose P.L. 86-272 protection under the Multistate Tax Commission’s revised policy statement

• Explain why collecting and reporting competitor market data may exceed the protections provided by P.L. 86-272

• Distinguish protected solicitation of tangible personal property from service activities that do not qualify for P.L. 86-272 protection

• Explain how a marketplace facilitator’s control and participation in third-party sales may create a sales-tax collection obligation

• Describe the application of New York’s convenience of the employer rule to income earned by a nonresident employee working remotely

• Explain how qualifying dividend receipts may be treated when calculating a state sales-factor apportionment percentage

• Identify circumstances in which a taxpayer may qualify to use an alternative apportionment method

• Identify the taxes on internet access and electronic commerce prohibited by the Internet Tax Freedom Act

• Nexus developments and remote workforce issues
  – Income tax nexus – P.L. 86-272 under assault
  – Sales tax nexus - pre-Wayfair
  – Sales tax nexus - post-Wayfair
  – Remote workforce issues
• Market-based sourcing and apportionment trends
  – In re: Microsoft Corporation
  – National Taxpayers Union and California Taxpayers Association v. Cal. Franchise Tax Board
  – Florida v. California
  – Smithfield Packaged Meats Corp. v. Cal. Franchise Tax Board
• State taxation of the digital economy
  – Internet Tax Freedom Act
  – No tax on internet access
  – No multiple or discriminatory taxes on electronic commerce
• State taxation of artificial intelligence (AI)

Lauren Ferrante, Counsel, KTS Law

Lauren Ferrante focuses her practice on state and local taxation. She represents clients at all stages of state and local controversy disputes at the audit, administrative, and judicial levels. She also counsels clients on planning, transactional, and compliance matters with respect to various state and local tax issues. In particular, Lauren has extensive experience defending clients against qui tam (False Claims Act) claims filed in the state tax arena.

Lauren is a prolific author and speaker on state and local tax matters including apportionment, nexus, and tax procedure as well as other state tax issues.

Prior to joining the firm, Lauren was a partner at a national law firm in its Chicago, Illinois office where she concentrated her practice on state and local tax and represented taxpayers in state and local tax controversy disputes. as well as transactional, planning, and compliance matters related to state and local tax issues.