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Building a Cost-Effective State and Local Tax Library Authors:
Douglas
A. Joseph Vytenis
Gorodeckas Blum, Shapiro &
Company, PC Editor's note: For more information on this subject, contact Mr. Joseph at daj@bshapiro.com or Mr. Gorodeckas at vrg@bshapiro.com .
Tax practitioners face a voluminous amount of state and local tax information. To stay organized and informed, it is essential for them to maintain a state and local tax library with information on all of the different tax categories in each state and locality in which their clients transact business, as well as on multistate matters. A comprehensive library is a necessity for practitioners who typically deal with both basic and sophisticated state and local tax issues. In addition, given the ever-changing nature of the field, a library with current materials on developments in state legislative initiatives and Federal legislation affecting state and local taxation enables practitioners to keep up to date. Unfortunately, many small firms do not have financial resources that they can devote to a state and local tax library. In such instances, efficiently allocating the resources they do have is imperative. Practitioners will be happy to know that they can build and tailor a state and local tax library with free and low-cost, yet highly reliable, resources.
Basic Reference Materials A basic "bare bones" state and local tax library can give practitioners quick access to routine tax information, in print and electronically on rates, specific issues and basic multistate taxing principles. Practitioners can supplement such a library with additional state and municipal websites, as well as with low-cost proprietary publications. State and municipal websites. The Tax and Accounting Sites Directory (www.taxsites.com) is perhaps the most indispensable state and local tax resource of all. When practitioners do not have specific web addresses, this site links them to websites of many states and localities; organizations that track news, issues and developments (e.g., the Multistate Tax Commission (MTC), the Federation of Tax Administrators (FTA) and state taxpayer associations); and many other tax and accounting resources. Individual websites provide basic tax information on rates, filing deadlines and contact information, forms, updates, technical free of charge. In addition, practitioners can download publications, tax-authority rulings, legislative developments, some case law and primary resources (e.g., state and municipal statutes and regulations). In addition to taxsites.com, practitioners can also locate information on municipal tax codes at:
FindLaw.com. This website is an all-purpose free portal for legal resources. Practitioners can access state tax forms, statutes, regulations, rulings, state tax cases and U.S. Supreme Court cases affecting state tax law, as well as several other legal resources. FTA. The FTA Website (www.taxadmin.org) is another free online resource, offering standard official charts of individual state rates, apportionment formulas and amnesty program information. The website includes the principal tax collection agencies for the 50 states, the District of Columbia (DC) and New York City. At no cost or for a minimal fee, practitioners can access FTA publications and surveys on multistate tax issues. Unclaimed property websites. Technically, unclaimed property is not a state and local tax issue. However, it frequently falls into such practitioners' hands. These websites spell out compliance requirements and show practitioners how to quickly identify potential money for clients. Useful unclaimed property websites include: State Tax Handbook. Published by CCH, this handbook has four parts that provide an overview of each state's taxation scheme and summarize basic state and local tax information. The handbook includes outlines of the taxes each state imposes and general information on relevant tax administrative bodies. Charts summarize tax rates, and filing and payment dates. The handbook lists taxing authorities for each jurisdiction, providing addresses, phone numbers and taxes that each office handles. All States Tax Handbook. Published by RIA, this handbook is a compact, portable reference organized by type of tax, which provides quick state-by-state comparisons of different tax rates and structures for all 50 states and DC. U.S. Master State Tax Guides. The CCH master state tax guides are comprehensive desktop references covering several topics. The guides contain concise explanations of concepts and issues, and give practitioners overviews and quick answers. U.S. Master Multitistate Corporate Tax Guide: This guide provides state-to-state comparisons and guidelines on filing returns in all states that impose corporate income, franchise or other tax measured by income. U.S. Master Sales and Use Tax Guide: This guide summarizes the basis of tax, state and local rates, and payment and return due dates for each state and locality. U.S. Master Property Tax Guide: This guide provides an overview of property tax and valuation methods employed by thousands of taxing jurisdictions. U.S. Master Practice and Procedure Guide:the practice-and-procedure rules for all 50 states and DC, and lists state This guide details taxing-authority contacts. Guide to Sales and Use Taxes. This RIA guide gives practitioners quick access to in-depth, easy-to-read coverage of sales and use taxes for every state and DC. It also addresses sales and use tax principles and trends, followed by complete state-by-state coverage Multistate Corporate Tax Guide. Published by Panel Publications, this two-volume guide discusses each state's position statement on key issues in corporate, and sales and use taxes, by summarizing state tax officials' responses to a questionnaire. The charts and text in Volume I cover corporate income taxation by state. Volume II covers corporate sales and use tax by state, and includes a directory of income, franchise and sales and use taxes that each state imposes, mailing addresses, telephone numbers and a state Internet address directory. Note: The charts were based solely on states' responses to a survey and none of the responses were verified. In addition, the guide may not accurately report the most current treatment of the issues surveyed. The guide's cost is significantly higher than the other resources noted. Practitioners can obtain additional information online at www.aspenpublishers.com.
Comprehensive Reference Materials In addition to providing basic information, a state and local tax library with statutes, regulations, case law, rulings and technical publications enables practitioners to research and resolve complex issues. As previously noted, state and municipal websites provide free access to primary source materials. However, for practitioners wishing in-depth analysis and editorial comment, Tax Analysts, RIA, CCH and BNA offer various subscription services for either individual states or a combination. Subscriptions typically include a periodic newsletter. Practitioners can obtain additional information online at:
Because subscription services are often costly, practitioners should carefully review their needs before ordering. For example, a practice with a significant number of clients engaged in interstate commerce on a regional basis (e.g., New England) may choose to limit its subscription to the specific states in that region. On the other hand, a practice with clients primarily engaged in intrastate business may choose a state-specific subscription.
Other Comprehensive Resources State Taxation (3rd edition). Published by Warren, Gorham & Lamont, this two-volume book analyzes and interprets state tax laws for all 50 states. Volume I addresses corporate income and franchise taxes, focusing on nexus rules, apportionment issues and unitary business principles. Volume II covers sales and use taxes, such as taxation of out-of-state sales and mixed service/ sales transactions, and responsibilities of sales and use tax collection. Each volume discusses state tax discrimination, relevant case law and the implications of past and present U.S. Supreme Court rulings. State & Local Taxation (4th edition). This inexpensive three-volume law-school textbook, written by Oliver S. Oldman and Richard D. Pomp, provides an overview of the constitutional provisions underlying the structure of state taxation and case law pertinent to state and local taxation. The set is available at rpomp@law.uconn.edu.
Updates and Awareness Subscriptions Information on current state and local tax developments, legislative issues and initiatives is readily available in print and electronic forms. Tax Analysts, CCH, RIA and BNA publish advisory alerts, newsletters and magazines on a daily, weekly, biweekly, monthly and bimonthly basis. State-specific articles usually have wide-reaching implications of national concern. All of these publishers provide a daily tax update e-mail service, which provides paid subscribers with highlights of state (and in some instances, Federal and international) tax news. Practitioners can get subscription information from the publishers' websites. MTC. The MTC publishes two periodicals, available electronically at its website (www.mtc.gov): News & Views is published intermittently to announce special developments involving member states. MultiState Tax Commission Review reports and analyzes pertinent state and local tax legislation and is published semiannually. State and municipal websites. Practitioners can obtain most state taxing authorities' newsletters (either in print or electronically), which highlight new developments in policy and procedure, tax legislation and pertinent judicial rulings. Practitioners can find similar information from municipal-taxing-authority websites (although generally to a lesser degree). Many states provide free e-mail subscriptions that update subscribers on new forms, publications and developments. As previously noted, practitioners can access individual state sites either directly or through www.taxsites.com. Tax Analysts' Website. Practitioners can find several free services at www.tax.org. The "Tax Policy Readings" section is a compilation of some of the best articles published in State Tax Notes. Under the section "Browse Readings in Tax Policy," the readings are organized by subject into a collection of briefing books on key issues in tax policy and administration. The "State Issues Other Than Unitary Taxation" section periodically provides an in-depth news article from State Tax Notes. CCH Tax Alerts. These reader-friendly newsletters report on sales and use tax, state income tax, property tax, and manufacturer and e-commerce tax developments at various intervals. The Tax Alerts include: Sales & Use Tax Alert is published twice monthly, and updates laws and regulations for handling sales and use tax compliance for multistate organizations. The electronic version provides daily updates when available and links to the full text of the primary source material cited in the newsletter. State Income Tax Alert is published biweekly and reports on recent income tax news with case summaries, compliance tips and strategies. The Internet version provides daily updates when available and links to the full text of the primary source material cited in the newsletter. Property Tax Alert is published monthly and reports on current developments in valuation and assessment, and on new laws, regulations and cases. Manufacturer's Tax Alert is published monthly and covers major state and local issues specific to manufacturing firms. E-Commerce Tax Alert is published monthly and covers every aspect of "cyber-taxation." Journal of Multistate Taxation & Incentives. Published by Warren, Gorham & Lamont, this bimonthly journal provides full-length articles intended to analyze state tax developments and offer practical solutions to multistate tax problems. Full-length articles are supplemented by updates on state-specific tax developments that offer analysis and editorial comment. Practitioners can obtain information online at www.riahome.com. Journal of State Taxation. This quarterly journal, published by Aspen Publishers, reports and analyzes new legislative developments and cases. Information is available online at www.aspenpublishers.com. Sales and Use Tax Review and Multistate Tax Analyst. Corporate Tax Publishers publishes these two monthly journals, which are practical and reader-friendly. Information is available online at www.ctpistatetax.com. Interstate Tax Insights. The Interstate Tax Corporation publishes this monthly newsletter, which covers hot issues in state taxation of multistate businesses. Practitioners can subscribe by calling Interstate Tax Corporation at 203-854-0704 (no website available).
Conclusion Although state and local taxation is an extensive and complex field, practitioners can find a wide variety of resources in print and on the web, to build a custom library that meets their practice needs and budget. |
