Introduction to State and Local Taxation 2025 (presented by NYU School of Professional Studies)

This session explores the four main constitutional provisions impacting state taxes: the Supremacy Clause, Commerce Clause, Due Process Clause, and Equal Protection Clause. Attendees will learn about the Complete Auto Transit four-prong test and how Wayfair transformed nexus requirements from physical presence to economic presence.

This foundational session covers the history and mechanics of sales and use taxes, including key definitions of tangible personal property and the distinction between sales tax and use tax. Participants will explore commonalities and differences among state sales taxes and understand how credits against taxes paid to other states prevent double taxation.

This session examines critical exemptions including resale, manufacturing, and entity-based exemptions, explaining how they prevent tax pyramiding. Attendees will learn exemption certificate administration requirements, the Streamlined Sales Tax Project’s standardization efforts, and strategies for handling common audit issues.

This comprehensive session addresses the complex taxation of information services, data processing, and computer-related services across different state frameworks. Topics include bundled transactions, the true object test, cloud computing issues, apportionment challenges for service transactions, and emerging class action litigation risks.

This session explores how all 46 sales tax states now require marketplaces to collect and remit tax following the Wayfair decision. Attendees will learn the differences between narrow and broad marketplace facilitator definitions, industry carve-outs, liability relief provisions, and class action protections.

This session examines major gross receipts taxes including Washington B&O, Ohio CAT, and Texas Margins Tax, highlighting their unique structures and compliance complexities. Key topics include pyramiding effects, apportionment and sourcing litigation, intercompany transaction treatment, and federal preemption issues under ITFA and PL 86-272.

This practical session provides guidance on effective state tax research using secondary sources like the Hellerstein treatise, Check Point, and Bloomberg Tax portfolios. Attendees will learn to leverage state agency websites, court dockets, FOIA requests, and receive important cautions about AI research tool limitations.

This session introduces the corporate income tax base, federal conformity issues, and common state modifications and adjustments. Participants will understand the critical distinction between business and non-business income and when apportionment versus allocation applies.

This session covers the Uniform Division of Income for Tax Purposes Act (UDITPA) and its three-factor apportionment formula. Attendees will learn the calculation and application of property, payroll, and sales factors used to divide corporate income among taxing states.

This session addresses complex sales factor issues including the constitutionality of single sales factor apportionment under Moorman. Topics include cost-of-performance versus market-based sourcing for services, related litigation developments, and the application of throwback and throwout rules.

This session explores the unitary business principle’s role in determining which entities must be combined for state income tax purposes. Attendees will examine various tests including contribution/dependency, three unities, and factors of profitability used to identify unitary relationships.

This session compares separate, consolidated, and unitary combined return filing methods, including Water’s Edge versus worldwide combined reporting. Key topics include treatment of intercompany transactions and state anti-abuse rules such as addback statutes and tax haven affiliate inclusion.

This session examines the application of ASC 740 for income taxes and ASC 450 for non-income taxes in financial reporting. Participants will learn different tests and comfort levels used to determine when to establish reserves for state tax positions.

This session covers essential administrative topics including statutes of limitations, refund claim requirements, and protest procedures for assessments. Attendees will understand the critical differences between proposed and final assessments and strategies for effective tax administration navigation.