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Marcum LLP
Tax & Business

State & Local Tax

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State and local tax laws are complex and ever-changing. They pose distinct challenges to businesses and affect all forms of business operations, including C and S corporations, partnerships and sole proprietors.

Marcum LLP's State and Local Tax (SALT) Group assists businesses of all sizes with planning and compliance in connection with State and Local tax requirements. We employ a full complement of SALT experts ready to provide you with planning and solutions to your SALT issues whether you are conducting business in one, several or all 50 states.

Marcum LLP's SALT Group is ready to provide you with the expertise needed to stay compliant in this era of constantly changing state tax laws and regulations impacting both Income and Non-Income taxes.

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State/Local & Income/Franchise Tax Planning Services

Marcum's SALT Consulting Group offers innovative and value-driven income/franchise tax planning strategies for all entities, whether they are conducting business in one, several, or all fifty states. This includes individual tax clients who have Forms K-1 from pass-through entities operating in several states, as well as publicly traded corporations that have operations that require a multi-state presence.

By implementing one, or a combination, of our tax reduction strategies, Marcum helps its clients significantly reduce their effective state tax rate and increase their earnings. The Firm helps its clients understand the ever-changing state income and franchise tax law landscape while recommending optimal tax and business alternatives.

In addition to compliance services, Marcum's state and local income and franchise tax planning strategies include:

  • Nexus reviews - determining where your company should be registered and filing.
  • Review of apportionment methodology - sourcing of revenue to states is complex.
  • Audit defense - proper and skilled representation is critical if the auditor comes knocking.
  • Voluntary disclosure - a viable and money-saving process to become compliant.
  • SALT due diligence reviews in purchase of sales of businesses.
  • Tax provisions and ASC 740 financial statement disclosure.
  • SALT issues related to E-commerce and sales via internet.
  • Combined/Consolidated income tax reporting analysis.
  • Review and analysis of state/local tax incentives and exemptions.

Non-Income Tax Consulting and Compliance

Marcum's SALT Consulting Group's experienced professionals can also help businesses minimize their non-income/franchise tax burden. This allows clients to retain more of their profits that might otherwise be paid out unnecessarily to state and local governments. Our services in the non-income/franchise tax consulting area include sales and use taxes, property tax appeals, tax credit and exemption studies, relocation and expansion incentives, and employee/contractor planning, and unclaimed property compliance.

Our service offerings in the non-income tax area include many similar services as our income/franchise consulting services, but are customized to your particular needs:

  • Sales tax compliance review - are your services or products subject to sales tax?
  • Financial statement disclosure under FAS 5 (Accounting for Contingencies) - review of sales/use tax issues for potential financial statement impact.
  • Taxability studies - review of your company's business and preparation of a state taxability matrix.
  • Use tax - often overlooked, failure to self-assess use tax on purchases can often lead to unpleasant result upon audit Outsourced sales/use tax compliance.
  • E-commerce sales - selling your product via the internet or "in the cloud" can have an impact on your company's requirement to collect and remit sales tax.
  • Exemption certificates - is your company collecting and retaining the proper customer exemption certificates needed under audit?
  • Reverse audits - assist in determining overpayments of sales/use tax, gather the evidence and file the appropriate refund claims on your behalf.
  • Due diligence in business acquisition or sale - often overlooked, sales/use and other non-income tax issues (i.e., employment tax, etc.) should be thoroughly reviewed when buying or selling a business.
  • Property tax review - Marcum can assist in reviewing your property tax assessments and challenging the assessments, if appropriate.
  • Escheat tax - Understanding and complying with the "unclaimed property" rules imposed by states.

Sales & Use Tax Services

Marcum's Sales & Use Tax Consultants understand state and local tax laws and know how sales and use taxes can affect your business. The Group consists of former tax department auditors and supervisors, as well as experienced consultants in each of our offices. This local and regional access will provide you with advice and experience from both sides of the table in dealing with sales and use tax matters. Whether you have been notified of a pending audit or in the middle of one, or if you just have questions at any level of complexity, we can help.

Our sales and use tax services include:

Tax Audit Representation

Our staff of former tax auditors and supervisors knows audits from both sides of the table and will effectively manage your audit so that you can focus on your business. We keep you informed at every stage, and we are there with you until the case is concluded. We minimize costs through efficiency standards and our attention to detail.

Outsourced Sales and Use Tax Return Preparation

Outsource your multi-jurisdictional tax compliance requirements to us. Give us your data and we will handle all aspects of compliance and reporting.

Voluntary Disclosure/Amnesty Filings

Let us help you minimize and resolve prior-period exposure by negotiating with the taxing authority on your behalf. We can assist with any taxing jurisdiction.

Sales and Use Tax Reverse Audits

Our former tax auditors know how to identify refund opportunities, gather the evidence, and prepare refund claims for submission to tax offices.

Nexus Review

Our nexus team will review your company's operations for potential nexus issues before outside contact from taxing agencies. If you are notified, we will help you develop strategies to minimize your exposure.

Taxability Studies

We will gain an understanding of your business and address the taxability of sales revenues and services sold as well as the taxability of your purchases. We generally will prepare a taxability matrix and/or a technical memorandum which you can use as a reference guide.

Sales and Use Tax Check-Up

Our consultants will analyze your business activities and books and records to determine your company's level of sales and use tax compliance in a given state/ locality. We will give you a list of recommendations on how to improve compliance, how to address issues which may be uncovered and we will identify potential refund areas.

Controversy Resolution

Appeals, penalty and interest abatement negotiations and offers in compromise for cases of doubt as to liability/collectability.

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Tax Flash

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Tax Flash

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Tax Flash

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Tax Return Compliance

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Tax Flash

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Tax Flash

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Tax Return Compliance

U.S. Supreme Court Issues Decision for Taxpayers in Maryland - Could Have Impact on Taxpayer's in Other States

The United States Supreme Court yesterday issued their decision (5-4) in the taxpayer's favor in a case involving whether a State can limit the ability ....

Massachusetts Tax Amnesty - Time Is Running Out


Tax Flash

Massachusetts Tax Amnesty - Time Is Running Out

As announced in a prior Marcum Tax Flash, the Massachusetts Department of Revenue permitted a 60-day tax amnesty program which began on March 16, 2015 ....

<em>The Times They Are-a-Changin'</em> for California Employers in 2015


State & Local Taxation

The Times They Are-a-Changin' for California Employers in 2015

California lawmakers certainly heeded the call of Bob Dylan's anthem with over 900 new laws, most to take effect January 1, 2015 and others not ....

New York Metropolitan Commuter Transportation Mobility Tax Filing and Payment Changes for 2015


Tax Flash

New York Metropolitan Commuter Transportation Mobility Tax Filing and Payment Changes for 2015

New York State's Budget passed in 2014 has significantly changed the filing and payment procedures for the Metropolitan Commuter Transportation Mobility Tax (MCTMT) beginning with ....

2014 FUTA Credit Reduction States


Tax Credits & Incentives

2014 FUTA Credit Reduction States

The U.S Department of Labor (DOL) released its list of FUTA credit reduction states for 2014.

Electronic Filing is Mandatory for New York State Withholding Tax Filings Due on or After April 30, 2015


Tax Flash

Electronic Filing is Mandatory for New York State Withholding Tax Filings Due on or After April 30, 2015

New York State withholding tax returns (Form NYS-1- "Return of Tax Withheld" and NYS-45- "Quarterly Combined Withholding, Wage Reporting, and Unemployment Insurance Return") due on ....

Connecticut Legislates Tax Changes for 2014


Tax Flash

Connecticut Legislates Tax Changes for 2014

The State of Connecticut is facing some difficult economic times in the near future. The state maintains its budgets on a biennial basis and the ....

Rhode Island Budget Bill Reduces Corporate Income Tax Rate, Repeals Franchise Tax, and Requires Combined Reporting Among Other Changes


Tax Flash

Rhode Island Budget Bill Reduces Corporate Income Tax Rate, Repeals Franchise Tax, and Requires Combined Reporting Among Other Changes

On June 19, Rhode Island Governor Lincoln Chafee signed the state's fiscal year 2015 budget bill. The bill enacts sweeping changes to the RI tax ....




Tax Flash

"Swinging for the Fences" New York Governor Cuomo Unveils His Executive Budget for 2014-2015

New York Governor Andrew Cuomo presented his Executive Budget for fiscal year 2014-2015 yesterday. The Governor's budget (the 4th of his current term) builds on ....

New York's Amazon Law Stands


Tax Flash

New York's Amazon Law Stands

On Monday, Dec. 2nd, the U.S. Supreme Court officially denied Certiorari to Overstock.com and Amazon.com petitions seeking to overturn New York’s law requiring sales tax ....

Windsor Decision’s Impact on New York Estate Tax Refunds


Tax Flash

Windsor Decision’s Impact on New York Estate Tax Refunds

The New York State Department of Taxation and Finance has issued Technical Memorandum TSB-M-13(9)M that clarifies the effect of the Supreme Court decision in U.S. ....

New Florida R&D Tax Credit


Tax Flash

New Florida R&D Tax Credit

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Paul Graney, State & Local Tax Leader, Tax & Business

State & Local Tax Leader
Tax & Business
Boston, MA
 
2017 YEAR-END TAX GUIDE

The Marcum 2017 Year-End Tax Guide continues our tradition of providing timely tax guidance for the upcoming year.

 
 
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