Gain a better understanding of your sales and use obligations and stay up to speed on the current internet transaction tax law.
The United States Supreme Court revisited the physical presence test as last laid out in the Quill case more than 25 years ago and struck the test down, finding the physical presence rule of Quill unsound and incorrect. The Court upheld South Dakota's economic presence statute, which requires that remote Internet sellers pay sales tax if they had a minimum of $100,000 of sales into South Dakota or a minimum of 200 sale transactions to South Dakota customers in the prior year. However, the Court stopped there and did not articulate an economic nexus standard other than to uphold the South Dakota statute. With physical presence out and economic nexus in, but no articulated minimum economic nexus standard, what is in store now for internet retailers? This topic will help you better understand internet sales taxation post-Wayfair and the various types of economic nexus laws that have been enacted by the states.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
The Beginnings of the Physical Presence Test
- The National Bellas Hess Case (1967): Physical Presence Required by Both the Due Process Clause and the Commerce Clause
- The Quill Case (1992): Physical Presence Test Revisited
How Much Physical Presence Is Needed?
- Something More Than Slightest Physical Presence
- Nexus Through Others: Agents, Affiliates and Independent Contractors
States Test the Limits of Physical Presence
- Amazon® Laws
- Notice and Reporting Requirements
- Tracking Cookie Nexus
- Marketplace Facilitators
Beyond Physical Presence: Economic Nexus Laws
The Streamlined Sales and Use Tax Agreement
South Dakota v. Wayfair: The Supreme Court Revisits and Strikes Down the Physical Presence Test
Post-Wayfair, Now What?
- South Dakota Style Nexus Laws
- Other Economic Nexus Laws
- States Without Economic Nexus Laws
- Federal Proposals
- Post-Wayfair Economic Nexus Litigation
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 2, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Pat Derdenger
Lewis Roca Rothgerber Christie LLP
- Partner in the Phoenix office of Lewis Roca Rothgerber Christie LLP
- Emphasizes his practice on federal, state, and local taxation law and is certified as a tax law specialist by the Arizona State Bar
- On June 15, 2017, he received the State Bar of Arizona’s Top Tax Attorney award
- Has been listed in The Best Lawyers in America since 1995 and has been listed in Southwest Super Lawyers for state, local, and federal taxation since 2007
- In his extensive state and local tax practice, he advises and represents his business clients on corporate and individual income, sales, use, and property tax matters, including litigation of those matters at all levels audits and appeals through various administrative stages, the tax court, court of appeals and Supreme Court
- Represents clients in tax litigation as well as counsels them on the state and local tax implications of their business transactions
- Frequent lecturer on state and local tax subjects to a wide variety of professional audiences
- J.D. degree, University of Southern California Law School; LL.M. degree in taxation, George Washington University School of Law; M.B.A. degree, University of Southern California Marshall School of Business; B.A. degree, Loyola University of Los Angeles
Karen Lowell
Lewis Roca Rothgerber Christie LLP
Karen Jurichko Lowell
- Associate the Phoenix office of Lewis Roca Rothgerber Christie LLP
- Focuses practice on sales, use, and property tax matters, including tax audits and appeals through various administrative stages, the tax court, and the court of appeals
- Named to Best Lawyers in America “Ones to Watch” for 2021
- Advises manufacturers, high tech companies, construction contractors and developers, electric utilities, solar energy companies, and other clients on various multistate sales and use tax issues, including advising e-commerce businesses on their multistate sales and use tax nexus and collection obligations
- Experienced with property tax valuation appeals for various types of industrial and commercial properties, corporate transactions, and health care taxes
- J.D. degree and Certificate of Tax Law and Policy, magna cum laude, University of Arizona, James E. Rogers College of Law; B.S. degree, University of Southern California
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