Risk & Business Magazine Spectrum Insurance Magazine Fall 2017 | Page 7

STATE TAX RISK Many businesses are aware of their home state sales tax and income tax filing requirements, but they aren’t aware of the filing requirements created by their business activities in other states. W hen business owners evaluate risk, they think of many things: product liability, fire, natural disaster, competition. And the list goes on and on. Business owners take conscious steps to eliminate risk by doing such things as purchasing insurance, diversifying their customer base, and diversifying product offerings. One area of risk that business owners often fail to anticipate and proactively address is state tax risk. State tax risk can encompass many things and can generate significant financial exposure to a business if ignored. We often see state tax risk rearing its head in the form of unmet state sales tax and income tax filing obligations. Many businesses are aware of their home state sales tax and income tax filing requirements, but they aren’t aware of the filing requirements created by their business activities in other states. Efforts by businesses to expand their market can create a nexus—an in-state level of activity sufficient to allow that state to compel the business to register in the state, file state returns, and remit state tax. Determining when a business has a nexus in a particular state can be both frustrating and confusing, because the activities that create a nexus vary both from state to state and from tax type to tax type. A nexus is often created by some type of physical presence in a state, including business locations in a state, employees working within a state, inventory stored in a state, and third parties representing the taxpayer within the state (think people like dealers, brokers, and warranty providers). States have also “upped the ante” by implementing taxing structures that require the filing of returns even if the business has absolutely no physical contact with a state beyond making sales into the state. While some state tax experts question the constitutionality of these structures, most businesses have neither the desire nor the “deep pockets” necessary to challenge these laws. What are the consequences of ignoring state tax exposure? States will assess the tax owed along with interest and penalties. Wisconsin imposes interest at a rate of 18 percent on nonfilers and can impose negligence penalties of 25 percent of the tax owed. In addition, the statute of limitations does not run on the state’s ability to compel the filing of returns. This means that a state can compel the filing of returns for as many years as the nexus existed. Finally, buyers often use state tax exposure to reduce the amount they are willing to pay for a business. While the specific complexities of a state tax nexus are beyond the scope of this discussion, the importance of addressing the risk with knowledgeable advisors is crucial to managing the risk. Savvy business owners will continually evaluate their business practices to determine their state income tax and sales tax exposures and will work proactively with their tax advisor to manage their state tax risk. + Linda J. Feirn, CPA Partner With over 19 years of public accounting experience, Linda Feirn assists clients with state and local tax compliance and planning.  She has assisted clients in managing their sales and use tax audits, reviewing their sales and use tax compliance and procedures, and researching and structuring complex sales and use tax transactions. Linda also serves clients in the manufacturing and distribution practice, including the food products, agricultural, metal fabrication, wood products, and ethanol and biofuels industries. She can be reached at 715-858-6661 or email [email protected] 7