webinar slides: state and local tax issues for nonprofits

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CBIZ & MHM Executive Education Series™ State and Local Tax Issues for Nonprofits: Best Practices in Navigating Income, Sales, Use, UBIT and Charitable Registrations Presented by: Craig Klein and Tarra Curran February 19 th and March 4 th

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Page 1: Webinar Slides: State and Local Tax Issues for Nonprofits

CBIZ & MHM Executive Education Series™ State and Local Tax Issues for Nonprofits: Best Practices in

Navigating Income, Sales, Use, UBIT and Charitable Registrations

Presented by: Craig Klein and Tarra Curran February 19th and

March 4th

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Before We Get Started…

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Today’s Presenters

Craig Klein, CPA Managing Director, CBIZ MHM 617.761.0509 | [email protected] Craig, a CBIZ Managing Director in the Not-For-Profit & Education Practice, has over 20 years experience in the tax industry working with eeducational institutions, health and human services providers, associations, foundations and other complex not-for-profit organizations. Craig assists clients with the preparation and review of tax returns, advice and planning regarding unrelated business income, transactions, state and local taxation and international tax planning.

Tarra Curran, CPA, MST Managing Director, CBIZ MHM 617.761.0505 | [email protected] Tarra is a CBIZ Managing Director in the Tax Group and leader of the New England State and Local Tax Practice. She has more than 15 years of experience in the tax industry and has managed state and local tax services for major corporate clients including comprehensive multi-state income tax planning, nexus reviews, state due diligence reviews, state acquisition and disposition structuring, state income tax and sales/use tax audit management, as well as multi-state voluntary discloser projects.

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Agenda Introductions

Case Study Facts

State & Local Considerations Income Tax & Unrelated Business Income (UBI) Sales / Use Tax Payroll Tax Risk Mitigation

Charitable Solicitation Considerations

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Case Study Facts “NFP” is a Massachusetts college recognized by the IRS as

having 501(c)(3) status

NFP employs adjunct faculty

NFP has an online education program that it plans to grow. NFP has identified potential online faculty candidates that reside in the following states: Florida Washington

NFP operates a bookstore that is both on campus and online

NFP has invested endowment funds in limited partnerships

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Income Tax & UBI Considerations

Will establishing employees in Florida or Washington trigger income tax/unrelated business income (UBI) considerations? Florida

o If the activities of the new hire exceed “mere solicitation” related to the sale of the College’s product, then income tax nexus has been established As the College does not sell a product, this protection does not apply

o As a general rule, once nexus has been established, the College becomes subject the state’s income tax provisions and a filing requirement is triggered

o College must determine whether Florida has a “traditional” income tax/UBI tax structure. Does Florida exempt “related” sales which are in furtherance of the organization’s mission? Has Florida adopted UBI tax provisions? Fact: Florida exempts “related” sales but imposes a state-level tax on UBI Note: Not all states follow this model

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Income Tax & UBI Considerations Florida (cont’d)

o College must determine how Florida’s state-level UBI will be measured

Apportionment considerations (payroll, property and sales factors) Consider only UBI-related payroll, property and sales, versus… Enterprise-wide payroll, property and sales

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Income Tax & UBI Considerations Washington

o Business & Occupation (“B&O”) tax

“Mere solicitation” rule does not apply

Physical presence rule

Economic nexus rule

o No apportionment of B&O tax

Tracking of the specific streams of income to Washington

Consider impact of online students in Washington

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Sales / Use Tax Considerations Sales tax nexus is generally triggered when there is a physical

presence in the state In state employee In state independent contractor Traveling employees

Once sales tax nexus is established, the organization becomes

subject to the state’s sales/use tax provisions and filing requirements are triggered All items sold to end users should be analyzed to determine taxability

If items being sold are taxable, the organization is obligated to collect and remit sales tax unless an exemption applies

Consider online bookstore sales to state residents

Consider use tax on college provided computer equipment used by faculty for online instruction

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Sales / Use Tax Considerations Filing frequency Monthly, quarterly, annually Local filings may also be required (e.g. Colorado). This may necessitate

significantly expanded recordkeeping and compliance requirements.

Use tax considerations Exempt purchaser under 501(c)(3)

Documentation Purchases of supplies for course curriculum

The Marketplace Fairness Act, which would require all sellers not qualifying for a small-seller exception to collect and remit sales tax on “remote sales” of goods and services where the seller would not otherwise be considered to have collection/remittance/filing responsibilities

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Payroll Tax Considerations Withholding requirements Florida (no personal income tax) Washington

Withholding should generally be done in the location where

the employee performs their services Reciprocity?

Unemployment insurance State wage base New business rate

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Risk Mitigation What if the organization determines that it had an employee

in Florida or Washington for the last several years? Exposure due to non-triggering of statute of limitations Risk mitigation

Negotiated settlement Voluntary disclosure

Direct with the state Multistate Tax Commission

“Trailing” nexus

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Best Practices and Recommendations Conduct a risk assessment Understand the jurisdictions in which you operate

Consider impact of out-of-state employees

Consider potential tax exposures including income tax, sales tax, payroll tax, etc.

Measure exposures where applicable

Consider modes for coming into compliance

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Charitable Registration 39 states and Washington, D.C. have enacted charitable

solicitation statutes

Specific requirements vary by state

In general, statutes require organizations to register with the state before they solicit the state’s residents for contributions

Exemptions may apply to educational organizations, though criteria for exemption vary from state to state

Your organization may be required to register in multiple states

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Charitable Registration Raising funds using the Internet?

The Charleston Principles describe how state charity officials view internet solicitations http://www.nasconet.org/wp-content/uploads/2011/05/Charleston-Principles-

Final.pdf Provides framework regarding:

Entities that are domiciled within the state, and separately…

Entities that are domiciled outside the state

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Questions?

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Join us for these courses: First Quarter Accounting and Financial Reporting Issues

Update – Offered on March 24, April 2 Eye on Washington: Quarterly Business Tax Update 1st

Quarter – Offered on April 30, May 5, May 6 To register for these upcoming webcasts, click here.

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