Gain an understanding of different factors that affect the sales tax treatment of software maintenance agreements.
State tax treatment of computer software issues presents some of the most challenging compliance issues for tax professionals. Adding an even greater degree of difficulty are the more detailed aspects of the digital landscape, such as software warranties and maintenance agreements. The ever-evolving computer services economy results in tax laws racing to catch up. This presentation will provide a broad and deep dive into states' tax software warranties and maintenance agreements and review the current status of threshold issues like nexus and the true object test. Particular focus will be placed on the nature of the warranties and agreements, including whether what is being provided is mandatory or optional. We will also cover attendant issues such as treatment of repair parts and labor, inventory, deductibles, extended warranties, and invoice make-up with a specific look at how several major states tax this area. After this presentation, you will be armed with timely information and compliance strategies for dealing with this complex area of state taxation.
Agenda
Faculty
Randy L. Varner
Troutman Pepper Hamilton Sanders LLP
- Practice focuses on state and local tax
- Represents taxpayers across the U.S. in tax planning, compliance, audits, and appeals
- Engineered a payment in lieu of taxes agreement for a hospital network and township resolving a dispute over the Pennsylvania charitable exemption for property taxes
- Obtained a favorable settlement for a large multistate company that brought a P.L. 86-272 challenge to Pennsylvania’s Foreign Franchise Tax
- Reached a favorable settlement in court for a telecommunications company challenging a Pennsylvania Gross Receipts Tax assessment
- Former senior deputy attorney general in the Tax Litigation Section of the Pennsylvania Office of Attorney General
- Frequent speaker and author on state and local tax topics
- Has presented at conferences sponsored by the Institute for Professionals in Taxation, the Council on State Taxation, the Pennsylvania Chamber of Business and Industry, the Tax Executives Institute, the Pennsylvania Bar Institute, the Assessors Association of Pennsylvania, the Pennsylvania State Mayors’ Association, the Maryland Association of CPAs, among others
- J.D. degree, magna cum laude, Penn State Dickinson Law; B.S. degree in secondary education-social studies, Pennsylvania State University
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