Ask the Experts

Cost-of-Performance Versus Market-Based Sourcing
The Expert: Jamie Yesnowitz

Calculating how to source sales to determine a company’s state corporate income tax sales factor (and overall apportionment factor) drives how much that company ultimately will pay in tax to the states. The basis of the economy has shifted over time from the sale of goods toward the sale of… Read more »

The New Front Line: Transaction Taxes on Services
The Expert: David A. Fruchtman

In South Dakota v. Wayfair, Inc.,1 the U.S. Supreme Court cleared a path for states to impose sales and use tax collection and remittance obligations on out-of-state businesses lacking physical presence within the state. Notably, the Court’s decision applies to all subnational transaction taxes. Moreover, in the decision the Court… Read more »

Practical Application of Constitutional Limitations: A Road Map to Future Success
The Experts: Craig B. Fields, Mitchell A. Newmark, and Eugene J. Gibilaro

In the wake of the U.S. Supreme Court’s decision in South Dakota v. Wayfair, Inc., taxpayers have sought practical approaches to challenges under the significant remaining constitutional limitations on the authority of states to tax interstate commerce. In Wayfair, the U.S. Supreme Court put two large stakes in the ground.… Read more »

Getting Your Refund—Once Your Tax Disputes Are Resolved: Navigating the Joint Committee Review Process
The Expert: Marjorie Margolies

If you are like most taxpayers, you want to close out your old tax years as soon as possible, especially when you are owed a refund. In many cases—refund or not—there are a surprising number of Internal Revenue Service procedures and documentation requirements to navigate after resolving or settling the… Read more »

The Pros and Cons of Flexible Staffing
The Expert: Nancy Barrett

Question: Is Flexible Staffing the Best Option for Your Firm? Answer: Tax directors often request my input into how to structure their departments around their most valuable and limited resource—people. My response is always nuanced, cautioning that the answer is highly dependent on a defined core mission and the intended… Read more »

Using Your Capital Investment Budget to Maximize Value From Economic Development Incentives
The Experts: Wes Bowen and Rudy Watkins

Every year, companies invest billions of dollars into property, plant, and equipment for new and existing facilities. Such capital investments are made to meet changing market demands, improve operational efficiencies, enable expansion, and maintain the integrity of existing assets. Federal, state, and local governments offer various economic development incentives to… Read more »

The Tax and Other Costs of Paying Executives the Big Bucks
The Experts: Sheryl VanderBaan and Julie Collins

Tax reform legislation expanded the one-million-dollar annual deduction limitation applied to certain compensation paid to top executives of publicly held companies. The result? More disallowed compensation deductions for more companies and on more employees, a higher financial statement cost of compensation, and more work to account properly for the new… Read more »

Practical Insights for Combatting New York’s Expansion of Sales Tax Law
The Experts: Zach Gladney and Matthew Hedstrom

Much has been written about the New York State Department of Taxation and Finance’s positions on the taxation of software, software as a service (SaaS), and other software-based services. The critiques have concerned, in part, the department’s guidance on the sales and use tax consequences of cloud computing and other… Read more »

Refund Claims—Don’t Leave Money on the Table
The Expert: Rob Kovacev

Refund claims for open tax years are an often overlooked opportunity to ensure that a taxpayer takes advantage of tax benefits to which it is entitled. The recent tax reform legislation makes refund claims more valuable, particularly for tax benefits that will be reduced or eliminated beginning in 2018. It… Read more »

Elevating Examination Concerns Within the New LB&I
The Expert: Rosemary Sereti

For contentious U.S. federal tax issues, tax controversy management tends to follow a horizontal path from examination to appeals and finally litigation. The likelihood of being embroiled in a contentious issue increased recently as the Internal Revenue Service’s Large Business & International (LB&I) Division announced another round of campaigns. Campaign… Read more »

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