STATE TAXATION OF MULTISTATE BUSINESS - Alston & Bird, LLP

SALES & USE TAX PLANNINGNovember 8-9Embassy Suites DallasDallas, TXNovember 15-16Hotel IntercontinentalChicago, ILDecember 6-7Doubletree HotelWashington, DCn An intensive two-day immersion into the concepts, problems and planning opportunities involved with sales, use and gross receipts taxes.This course is designed for the beginner to intermediate level practitioner; however, even the most experienced state tax professional willobtain practical ideas and valuable information concerning the latest administrative, judicial and legislative developments in sales and usetaxation. Delivery Method: Group-Live. No prerequisites or advance preparation required. Estimated continuing education credit: 16 basedon a 50-minute hour, including 1 hour for ethics; 13.33 based on a 60-minute hour, including 1 hour for ethics.Fundamental Concepts and theStreamlined Sales Tax ProjectSales, use, gross receipts taxes – their similarities anddifferences. Determining whether the tax is imposed on thepurchaser or seller. Taxation of services, tangible personalproperty, contractors, corporate and partnership transactions.Sales and use taxes on the local level. The administrativeaspect: licenses, permits, collection fees, exemption certificates,filing requirements. The effect of the Streamlined SalesTax Project on promoting sales and use tax compliance anduniformity between the jurisdictions. Recent developments.Jurisdiction, Nexus and the InternetCoping with increased sales tax collection and use taxremittance requirements. Impact of in-state order acceptanceversus telephone, direct mail or Internet solicitation, dropshipments, distribution from out-of-state, delivery in companytrucks, warehousing, national versus local advertising,collection, financing, other service activities. Destination andtitle passage issues. Economic, physical, electronic presenceand their tax consequences. How to respond to nexusquestionnaires. Recent administrative, court and legislativedevelopments.Taxation of Services, Software, Leasesand Other Special TransactionsApplication of sales and use taxes to the various forms ofcomputer software — canned, custom, electronic, load-andleave;pure services and mixed transactions; installation andfabrication labor; repairs and warranties; leases, short-termrentals, installment sales, sale/leasebacks, leases with anoperator; sales of assets in mergers, acquisitions, liquidationsor corporate reorganizations; sales to government, exemptand charitable organizations; construction contractors.Supporting the exemptions — problems of proof. Planningand refund opportunities.ProblemsPractical application of the concepts presented.Determining the Taxable BaseThe inclusion or exclusion of specific items in determiningthe gross proceeds or sales upon which the tax is based.Treatment of cash and trade discounts, coupons, rebates,returns and allowances, transportation expenses, trade-ins,finance charges, repossessed property, bad debts and taxespaid to other jurisdictions. Impact of the sep arately statedrule on the taxability of gross receipts and how transactionsmay be structured to minimize the im position of tax.Hot Topics in Sales and Use TaxationThe latest administrative, court and legislative developmentson various hot topics in sales and use taxation suchas: qualifying for the manufacturing and sale for resaleexemptions; how states are taxing intercompany, Internet,telecommunication, advertising and other services; sourcingissues in multijurisdictional transactions on the state andlocal level; procedural limitations on refunds and assessments;and more, with a focus on the planning and refundopportunities arising therefrom.Ethics and Managing the Sales and Use Tax FunctionStructuring the sales and use tax function to maximizeeffectiveness while complying with personal ethical standardsand those set by the AICPA, ABA, local state CPA societiesand bar associations. Organizing and maintaining electronicrecords that can be trusted. Motivating and training staff toapply sales and use tax laws correctly to both purchases andsales. Cost saving strategies. Using computer software programsto manage exemption certificates and file sales anduse tax returns.Preparing for Audits and LitigationHow to handle a sales or use tax audit, from the arrivalof the audit notice to the post-audit review. Ethical considerations.Statistical samplings – their benefits and burdens.Analyzing whether to protest an assessment to the administrative,trial and appellate levels. Working effectively withoutside counsel.REGISTRATIONThe registration fee is $825 for the two-day conference and includes continental breakfast, refreshments, specially-prepared seminar materials,and a cocktail reception the first evening of the program. A $30 discount is available if payment accompanies the registration form and is receivedby Interstate Tax Corporation no later than four weeks before a conference date (October 11-TX, October 18-IL, November 8-DC). See page 6for participating speakers, hotel/airfare/car rental discounts and other details, page 8 to register, or call (203) 854-0704 for further information.– 4 –