Deck 12: State and Local Taxes

Question 1

All states employ some combination of sales and use tax, income or franchise tax, or property tax to fund their government operations.

Answer 1

True

Question 2

Failure to collect and remit sales taxes by a seller often results in a larger tax liability than failure to pay income taxes.

Answer 2

True

Question 3

The National Bellas Hess decision held that an out-of-state mail-order company did not have sales tax collection responsibility because it lacked physical presence.

Answer 3

True

Question 4

The state tax base is computed by making adjustments to federal taxable income.

Question 5

Many states are either starting to or are in the process of expanding the types of services subject to sales tax.

Question 6

State tax law is comprised solely of legislative authority.

Question 7

Use tax liability accrues in the state where purchased property will be used when the seller of the property is not required to collect sales tax.

Question 8

Commercial domicile is the location where a business is headquartered and from whence it directs its operations.

Question 9

The Quill decision reaffirmed that out-of-state businesses must have physical presence within a state before the state may require the collection of sales taxes from in-state customers.

Question 10

Nondomiciliary businesses are subject to tax everywhere they do business.

Question 11

Wyoming imposes an income tax on corporations.

Question 12

Businesses subject to income tax in more than one jurisdiction have the right to apportionment.

Question 13

Business income is allocated to the state of commercial domicile.

Question 14

All 50 states impose a sales and use tax system.

Question 15

Businesses engaged in interstate commerce are subject to income tax in every state in which they operate.

Question 16

Physical presence does not always create sales tax nexus.

Question 17

Purchases of inventory for resale are typically exempt from sales and use taxes.

Question 18

The primary purpose of state and local taxes is to raise revenue to finance state and local government.

Question 19

Businesses must collect sales tax only in states where it has sales tax nexus.

Question 20

The sales and use tax base varies from state to state.

Question 21

Giving samples and promotional materials without charge is a protected solicitation activity.

Question 22

Public Law 86-272 was a congressional response to Northwestern States Portland Cement.

Question 23

A state's apportionment formula divides nonbusiness income among the states where income tax nexus exists.

Question 24

Separate return states require each member of a consolidated group with income tax nexus to file their own state income tax return.

Question 25

Delivery of tangible personal property through common carrier is a protected activity.

Question 26

Public Law 86-272 protects certain business activities from creating income tax nexus.

Question 27

Most state tax laws adopt the federal tax law as of a specific date in time.

Question 28

Businesses must pay income tax in their state of commercial domicile.

Question 29

Federal/state adjustments correct for differences between two states tax laws.

Question 30

Sales personnel investigating a potential customer's credit worthiness generally are deemed to exceed protected boundaries of solicitation.

Question 31

Public Law 86-272 protects only companies selling tangible personal property.

Question 32

Immaterial violations of the solicitation rules automatically create income tax nexus.

Question 33

In Complete Auto Transit the court determined eight criteria for determining whether a state can tax a nondomiciliary company.

Question 34

Business income includes all income earned in the ordinary course of business.

Question 35

The Mobil decision identified three factors to determine whether a group of companies are unitary.

Question 36

The trade-show rule allows businesses to maintain a sample room for up to four weeks per year.

Question 37

A state's apportionment formula usually is applied using some variation of sales, payroll, and property factors.

Question 38

The Wrigley case held that the sale of intangibles is protected by Public Law 86-272.

Question 39

A unitary return includes only companies included in the federal consolidated tax return filing.

Question 40

Several states are now moving from a strict physical presence test towards an economic presence test.

Question 41

Interest and dividends are allocated to the state of commercial domicile.

Question 42

Most services are sourced to the state where the services were performed.

Question 43

Rental income is allocated to the state of commercial domicile.

Question 44

A gross receipts tax is subject to Public Law 86-272.

Question 45

Which of the following is incorrect regarding nondomiciliary businesses?

A) Subject to tax only where income tax nexus exists.
B) A business cannot be nondomiciliary where headquartered.
C) A business can be nondomiciliary in only one jurisdiction.
D) Subject to tax only where a sufficient connection exists.

Question 46

Which of the following sales is always subject to sales and use tax in a state that assesses a sales and use tax?

A) Tax preparation services.
B) Automobiles.
C) Inventory.
D) Food.

Question 47

Which of the items is correct regarding a use tax?

A) Use taxes are imposed by every state.
B) Use taxes only apply when the seller is not required to collect the sales tax.
C) Amazon collects use taxes on behalf of all its resellers.
D) States choose to implement either a sales tax or a use tax but not both.

Question 48

Which of the following regarding the state tax base is incorrect?

A) It is computed by making adjustments to federal taxable income.
B) It is divided into business and nonbusiness income.
C) It is a necessary step in the state income tax process.
D) It applies only to interstate businesses.

Question 49

Which of the following is not a primary revenue source for most states?

A) Income or franchise taxes
B) Sales or use taxes
C) Severance taxes
D) Property taxes

Question 50

All of the following are False regarding apportionment except?

A) Applies to only business income.
B) Applies to only nonbusiness income.
C) Applies to both business and nonbusiness income.
D) Investment income is subject to apportionment.

Question 51

The property factor is generally calculated as being the average of the beginning and ending property values.

Question 52

Which of the following businesses is likely to have taxable sales for purposes of sales and use tax?

A) Campus bookstore selling textbooks and university apparel.
B) An online retailer of textbooks.
C) A local accounting firm.
D) Mail order clothing company.

Question 53

The annual value of rented property is not included in the property factor.

Question 54

Which of the following is True regarding state and local taxes?

A) All states impose a state income tax.
B) Every jurisdiction imposes a sales or use tax.
C) The primary purpose of state and local taxes is to raise revenue.
D) Property taxes are primarily used to finance a State's general revenue fund.

Question 55

In recent years, states are weighting the sales factor because it is easier to calculate.

Question 56

Which of the following law types is not a primary authority source?

A) Legislative
B) Administrative
C) Judicial
D) Treatises

Question 57

The payroll factor includes payments to independent contractors.

Question 58

Most states have shifted away from an equally weighted three-factor to a heavily-weighted sales apportionment formula.

Question 59

The throwback rule requires a company, for apportionment purposes, to include all sales of inventory sold into a state without income tax nexus rather than from the state from where the inventory was shipped.

Question 60

Which of the following statements regarding income tax commercial domicile is incorrect?

A) The location where a business is headquartered.
B) The location where a business is incorporated.
C) The location from which a business directs its operations.
D) None of the choices are correct.

Question 61

Roxy operates a dress shop in Arlington, Virginia. Lisa, a Maryland resident, comes in for a measurement and purchases a $1,500 dress. Lisa returns to Virginia a few weeks later to pick up the dress and drive it back to her Maryland residence where she will use the property. Assuming that Virginia's sales tax rate is 5 percent and that Maryland's sales tax rate is 6 percent, what is Roxy's sales tax liability?

A) $0.
B) $75 to Virginia.
C) $75 sales tax to Virginia and $15 use tax to Maryland.
D) $90 to Maryland.

Question 62

Public Law 86-272 protects a taxpayer from which of the following taxes?

A) Texas Margin Tax (a tax with net income, gross receipts, and capital worth components).
B) Washington Business and Occupation Tax (a gross receipts tax).
C) Ohio Commercial Activity Tax (an excise tax with a gross receipts base).
D) California Franchise Tax (a net income tax).

Question 63

Mahre, Incorporated, a New York corporation, runs ski tours in a several states. Mahre also has a New York retail store and an Internet store which ships to out of state customers. The ski tours operate in Maine, New Hampshire, and Vermont where Mahre has employees and owns and uses tangible personal property. Mahre has real property only in New York. Mahre has the following sales:
Assume the following sales tax rates: Alaska (0 percent), Colorado (7.75 percent), Maine (8.5 percent), New Hampshire (0 percent), New York (8 percent), and Vermont (5 percent). How much sales and use tax must Mahre collect and remit?

A) $10,386
B) $14,543
C) $26,733
D) $61,289

Question 64

On which of the following transactions should sales tax generally be collected?

A) Architecture plans delivered through the mail.
B) Sales of woolen goods to a state without sales tax nexus delivered through common carrier.
C) Accounting services provided in Alaska.
D) Meal purchased at McDonald's.

Question 65

Which of the following isn't a criteria used to determine whether a unitary relationship exists?

A) Functional integration.
B) Centralized management.
C) Economies of scale.
D) Consolidated return status.

Question 66

Roxy operates a dress shop in Arlington, Virginia. Roxy also ships dresses nationwide upon request. Roxy's Virginia sales are $1,000,000 and out of state sales are $200,000. Assuming that Virginia's sales tax rate is 5 percent, what is Roxy's Virginia sales and use tax liability?

A) $0.
B) $10,000.
C) $50,000.
D) $60,000.

Question 67

In which of the following state cases did the state not assert economic nexus?

A) New York with the Amazon rule.
B) South Carolina in the Geoffrey case.
C) West Virginia in the MBNA case.
D) Wisconsin in Wrigley.

Question 68

Mighty Manny, Incorporated manufactures ice scrapers and distributes them across the Midwestern United States. Mighty Manny is incorporated and headquartered in Michigan. It has product sales to customers in Illinois, Indiana, Iowa, Michigan, Minnesota, and Wisconsin. It has sales personnel only where discussed. Determine the state in which Mighty Manny does not have sales and nexus given the following scenarios:

A) Mighty Manny is incorporated and headquartered in Michigan. It also has property, employees, sales personnel, and intangibles in Michigan.
B) Mighty Manny has a warehouse in Illinois.
C) Mighty Manny has independent sales representatives in Minnesota. The representatives distribute ice scraper-related items for over a dozen companies.
D) Mighty Manny has two customers in Wisconsin. Mighty Manny receives orders over the phone and ships goods to its customers using FedEx.

Question 69

Mighty Manny, Incorporated manufactures ice scrapers and distributes them across the Midwestern United States. Mighty Manny is incorporated and headquartered in Michigan. It has product sales to customers in Illinois, Indiana, Iowa, Michigan, Minnesota, Wisconsin, and Wyoming. It has sales personnel only where discussed. Determine the state in which Mighty Manny does not have sales tax nexus given the following scenarios:

A) Mighty Manny has sales personnel that visit Minnesota. These sales employees follow procedures that comply with Public Law 86-272. The orders are received and sent to Michigan for acceptance. The goods are shipped by FedEx into Minnesota.
B) Mighty Manny's trucks drive through Nebraska to deliver goods to Mighty Manny's customers in other states.
C) Mighty Manny provides design services to another manufacturer located in Wisconsin. While the services are performed in Michigan, Mighty Manny's designers visit Wisconsin at least quarterly to deliver the new designs and receive feedback.
D) Mighty Manny receives online orders from its Illinois client. Because the orders are so large, the goods are delivered weekly on Mighty Manny's trucks.

Question 70

Which of the following isn't a typical federal/state adjustment?

A) Dividends received deduction.
B) Depreciation.
C) Meals.
D) U.S. obligation interest income.

Question 71

Which of the following is not one of the Complete Auto Transit's criteria for whether a state can tax nondomiciliary companies?

A) Protected activities are exempt.
B) A sufficient connection exists.
C) Only a fair portion of income can be taxed.
D) Tax cannot discriminate against nondomiciliary businesses.

Question 72

Which of the following isn't a requirement of Public Law 86-272?

A) The tax is based on net income.
B) The taxpayer sells only tangible personal property.
C) The taxpayer is an intrastate business.
D) The taxpayer is nondomiciliary.

Question 73

Bethesda Corporation is unprotected from income tax by Public Law 86-272. Which of the following characteristics creates a problem for Bethesda in states other than Maryland?

A) Bethesda does business in Maryland and five other states.
B) Bethesda sells copier equipment and copy center services.
C) All orders are approved in Maryland.
D) All in-state services are limited to solicitation in states other than Maryland.

Question 74

Roxy operates a dress shop in Arlington, Virginia. Lisa, a Maryland resident, comes in for a measurement and purchases a $1,500 dress that is shipped to her Maryland residence using a common carrier. Assuming that Virginia's sales tax rate is 5 percent and that Maryland's sales tax rate is 7 percent, what is Roxy's sales and use tax liability?

A) $0.
B) $75 to Virginia.
C) $75 sales tax to Virginia and $15 use tax to Maryland.
D) $90 to Maryland.

Question 75

Public Law 86-272 protects solicitation from income taxation. Which of the following activities exceeds the solicitation threshold?

A) Any form of advertising.
B) Distribution of samples without charge.
C) Accepting a down payment.
D) Checking a customer's inventory.

Question 76

Mahre, Incorporated, a New York corporation, runs ski tours in a several states. Mahre also has a New York retail store and an Internet store which ships to out-of-state customers. The ski tours operate in Maine, New Hampshire, and Vermont where Mahre has employees and owns and uses tangible personal property. Mahre has real property only in New York. Mahre has the following sales:
Assume the following sales tax rates: Alaska (0 percent), Colorado (7.75 percent), Maine (8.5 percent), New Hampshire (6.75 percent), New York (8 percent), and Vermont (5 percent). How much sales and use tax must Mahre collect and remit in Maine?

A) $0
B) $3,053
C) $13,267
D) $16,319

Question 77

What was the Supreme Court's holding in National Bellas Hess?

A) An out-of-state mail-order company did not have a sales tax collection responsibility because it lacked physical presence.
B) Reaffirmed that an out-of-state business must have physical presence in the state before the state may require the business to collect sales tax from in-state customers.
C) Spelled out four criteria for determining whether states may subject nondomiciliary companies to an income tax.
D) Defined solicitation for purposes of Public Law 86-272.

Question 78

What was the Supreme Court's holding in Quill?

A) An out-of-state mail-order company did not have a sales tax collection responsibility because it lacked physical presence.
B) Reaffirmed that an out-of-state business must have physical presence in the state before the state may require the business to collect sales tax from in-state customers.
C) Spelled out four criteria for determining whether states may subject nondomiciliary companies to an income tax.
D) Defined solicitation for purposes of Public Law 86-272.

Question 79

PWD Incorporated is an Illinois corporation. It properly included, deducted, or excluded the following items on its federal tax return in the current year:
PWD's Federal Taxable Income was $100,000. Calculate PWD's Illinois state tax base.

A) $116,000
B) $130,833
C) $131,000
D) $164,333

Question 80

Which of the following activities will create sales tax nexus?

A) Advertising using television commercials.
B) Salespeople physically located in a state from which they only take orders.
C) Delivery of sales by UPS.
D) Electronic delivery of software.