Due to recent decreases in revenue, lack of trust, tax shelters, and increased intergovernmental information reporting and sharing, states are enacting new tax structures, requiring combined reporting, taking more aggressive positions on audit, and taking stringent legal action. To describe this environment, this program covers the authority granted by the Due Process and Commerce Clauses, relevant court cases, PL 86-272, and the proposed modifications, planning techniques for companies, apportionment and allocation rules, mandatory combined reporting, anti-REIT legislation, proposed state withholding and personal income tax legislation, the attorney-client privilege, and the work product doctrine as they apply to the protection of documents prepared in the anticipation of litigation, as well as other hot topics.

Use of Materials

Audio or DVD
The user should begin by watching the DVD segment or listening to the audio CD for the chapter before reading the text. The user may wish to make notes of the most important concepts and any terms that are new. Next, the user should review the learning objectives at the beginning of the chapter and read the chapter. The user should work through each of the examples. It may be helpful to highlight important material and/or to make additional notes. Next, the user should complete the study questions at the end of the chapter and review the answers. If the user answers a study question incorrectly, s/he should review the section of the text that is indicated at the end of the explanation to the study question to assure comprehension of the material. The user should review the learning objectives once more to consider achievement of the objectives. After the user has finished watching the DVD or listening to the audio CDs and reading the text and working through the study questions, s/he may wish to review her/his notes and any sections of the text or DVD or audio CDs that were difficult. When the user is ready, s/he should complete the quizzer. Reviewing notes periodically will increase retention of the material.

Online
The user should begin by watching the streamed video segment, if any, or listening to the streamed audio segment, if any, for the chapter before reading the text. The user may wish to make notes of the most important concepts and any terms that are new. Next, the user should review the learning objectives at the beginning of the chapter and read the chapter. The user should work through each of the examples. After the user has studied each chapter, s/he should click on the link at the left to complete the interactive study questions. If the user answers a study question incorrectly, s/he should review the section of the text that is indicated at the end of the explanation to the study question to assure comprehension of the material. The user should review the learning objectives once more to consider achievement of the objectives. After the user has finished watching the streamed video, if any, or listening to the streamed audio, if any, and reading the text and working through the study questions, s/he may wish to review her/his notes and any sections of the text or video/audio, if any, that were difficult. When the user is ready, s/he should click on the link to the left to complete the quizzer. The user's CPE certificate will be provided immediately upon successful completion of the quizzer.

Software
The user should begin by reviewing the learning objectives at the beginning of the chapter and read the chapter. The user should work through each of the examples. As the user studies each chapter, s/he should complete the interactive study questions that appear in the lower panel of the screen. If the user answers a study question incorrectly, s/he should review the section of the text that is indicated at the end of the explanation to the study question to assure comprehension of the material. The user should review the learning objectives once more to consider achievement of the objectives. After the user has finished reading the text and working through the study questions, s/he may wish to review her/his notes and any sections of the text that were difficult. When the user is ready, s/he should click on the link at the far left to complete the quizzer. The user should email her/his quizzer statistics using the quizzer submission link in the software and the user's CPE certificate will be mailed to her/him.

Chapter 1 introduces the causes, results, and implications of the current state and local tax environment.

Chapter 2 addresses the fundamentals of nexus, economic nexus developments, nexus for sales tax purposes, attributional nexus, and PL 86-272.

Chapter 3 takes a look at tax base issues, including constitutional issues, the definition of business versus nonbusiness income, and the use of add-back/throw-out rules.

Chapter 4 explores guidance on fair apportionment, discretionary adjustments, single-factor apportionment formulas, and other apportionment factors.

Chapter 5 briefly covers mandatory combination legislation and recent "forced" combination cases.

Chapter 6 discusses how states have determined to apply the obligation to collect and remit sale/use tax on items purchased for resale, electronic goods and services, software, and internet activities.

Chapter 7 reviews recent anti-REIT developments and other miscellaneous cases.

Chapter 8 explains the convenience of the employer rule and the legislation proposed to simplify the state withholding and personal income tax rules.

Chapter 9 examines the accounting and disclosure issues related to FIN 48.

Mr. Rosen is a Fellow of the American College of Tax Counsel and is listed in the Best Lawyers in America and in The Best Lawyers in New York. He has also been ranked as a leading tax attorney in Chambers USA: America's Leading Lawyers for Business.

Mr. Rosen is nationally acknowledged and respected as being on the cutting-edge of Internet and e-commerce tax issues. He has been providing substantial guidance and counsel to numerous clients in connection with pending and potential e-commerce tax issues arising under current law. In addition, he has been extremely active in attempting to shape future law through work on the National Tax Association's Electronic Commerce Tax Project's Steering Committee, dedicated participation in the activities of the Federal Advisory Commission on Electronic Commerce and representation of a coalition of major corporations in an effort to ensure that Congress considers certain important aspects of tax policy when it determines how e-commerce transactions and businesses should be taxed.

Mr. Rosen is a past chairman of the State and Local Tax Committee of the American Bar Association's Tax Section. He is a member of the Executive Committee of the New York State Bar Association's Tax Section, and has served as co-chairman of its Committees on New York State Tax Matters, New York City Tax Matters, and State and Local Tax Matters. He also serves as chairman of the NYU Tax Society, is a past president of the National Association of State Bar Tax Sections and is an active member of the Institute of Property Taxation and the New York Chamber of Commerce and Industry's Tax Committee. He founded and chairs the annual week-long "Introduction to State and Local Taxes" program, as well as the advanced program, offered at New York University.

Mr. Rosen is the editor of the monthly newsletter Inside New York Taxes, co-editor of the semi-monthly newsletters, New York Tax Highlights and New York Tax Cases. He was the original editor-in-chief of CCH's E-Commerce Tax Alert and was the monthly tax columnist for the E-Commerce Law Journal. He has written numerous articles that have appeared in publications such as the Journal of Taxation, the Journal of State Taxation, the Journal of Bank Taxation, the State and Local Tax Lawyer, Multistate Tax Analyst, Inc. Magazine, the Assessment Digest, the Journal of New York Taxation, and The Tax Executive. In addition, he has spoken extensively throughout the country on state and local tax matters. (Author/Speaker)