Overview
Apportionment of income for state tax purposes is “where the rubber meets the road.” That is to say, the complex and varied rules for determining a taxpayer’s state income tax apportionment percentage can provide opportunities – with careful planning – for state tax minimization or create traps that – without such planning – lead to multiple taxation. Service-based businesses face particular difficulties in identifying and analyzing the rules applicable to their operations for two reasons. First, state apportionment rules were written several decades ago at a time when our economy was dominated by the manufacturing of tangible personal property. Thus, these rules focused on the manufacturing industry and were out of touch with service operations. Second, as our economy has shifted its focus to services and e-commerce, states are beginning to revise their apportionment rules to account for differences between the industries. These new rules, however, lack clear guidance thus creating uncertainty for taxpayers.
This OnDemand webinar will provide you with a comprehensive look at particular apportionment issues facing service-based business in order to arm taxpayers with the information necessary to structure their operations to take advantage of the opportunities and to avoid the traps.
Authors
Jeffrey C. Glickman, Esq., Alston & Bird LLP
Self Study Credit - OnDemand Webinar
| CLE | 1.5 | AK, AL, AZ, CA, IL, MS, MT, NC, ND, PA, TN, VT, WA, WI | |
| CLE | 1.8 | MO, WV | |
Agenda
- Basic Apportionment Concepts
- What Is Apportionment?
- Constitutional Limitations
- Trends in Apportionment
- Rules for Sourcing Service Receipts
- Income Producing Activity Method
- Market-Based Sourcing Method
- Industry Specific, Hybrid and Other Methods
- Special Apportionment Issues
- Service vs. Tangible Personal Property vs. Intangible Property
- Bundling
- Personal Service Receipts
- Unitary Combined Reporting
- Economic Substance and Related Tax Doctrines
- The Internet and E-Commerce
- Non-Income-Based Taxes (Franchise, Gross Receipts, etc.)
- Closing Remarks - UDITPA Rewrite?
