CPE Course IMPLICATIONS OF THE SOUTH DAKOTA V. WAYFAIR, INC., ET AL. AND NEW HAMPSHIRE STATUTE ON THE COLLECTION OF SALES & USE TAXES BY NEW HAMPSHIRE
November 6, 2019
8:30am — 12:15pm
Field of Interest Taxation (General)
This seminar is designed for tax professionals whose clients have remote taxable sales of personal property or services outside of New Hampshire for purposes of a state's sales and use tax. Participants should have a general knowledge of jurisdictional standards to impose taxing statutes on businesses, sales & use taxes collection and reporting requirements imposed on retail businesses.
The United States Supreme Court decision in Soufh Dakota v. Wayfair,lnc. changes over 50 years of sales tax jurisprudence. This landmark decision has vaulted sales taxes into the news and exposed businesses across the country to wide ranging tax liability. Even though New Hampshire does not have a sales tax, New Hampshire businesses now must face the reality of sales tax
collection responsibility when selling remotely.
This half day seminar (4 credits), led by Maurice Gilbert, CPA, MST & Jon Sparkman, Esq., CPA, wifl review the impact ol Wayfairon New Hampshire businesses resulting from the Court's elimination of the "physical presence" requirement for sales and use tax purposes. We will also review the requirements under the Commerce Clause of the United States Constitution regarding the jurisdictional standards required to impose tax requirements on businesses and United States Supreme Court Opinions relating to such standards. Applying those standards to New Hampshire businesses, we will discuss approaches that CPAs may take in analyzing their clients' sales tax exposure. Our discussion will include New Hampshire's current politicaletforts to limit the customer information that a business may be required to provide to a foreign taxing authority. We will discuss the approaches adopted by various sales & use tax states to enforce their taxes by requiring remote sellers to collect the tax on their behalf or to require the remote seller to provide
customer purchase information to the state of the purchasers' residence.
Participants should have a general knowledge of jurisdictional standards to impose taxing statutes on businesses, sales & use taxes collection and reporting requirements imposed on retail businesses.
Devine, Millimet & Branch, PA