Episode 40

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Published on:

15th Nov 2021

Public Law 86-272 with Brian Hamer (Part 2)

In this episode of the SALTovation podcast, we continue our conversation with Brian Hamer, who serves as counsel at the Multistate Tax Commission, about the revisions made to the Statement of Information concerning practices of Public Law 86-272. In the second part of this two-part series, Brian addresses what these revisions have on states and taxpayers.

 


Questions asked and answered in this Episode:


  • What questions are internet retailers asking about the new revisions? How does a taxpayer know what to apply?


  • What do states have to do to adopt the modernized revisions?


  • Does Brian think there will come a time when Public Law 86-272 will disappear?

 


What You Will Discover:


  • [00:24] How the updates applies to internet retailers


  • [04:24] How a taxpayer know what to apply


  • [08:05] Why the interest and application of Public Law 86-272 is more prevalent


  • [16:13] What the states do from here


  • [26:36] If there will come a time when Public Law 86-272 will go away

 


Quotables:


 


  • “It’s important to note that what the MTC has attempted to do here is not to engage in some policy making activity enterprise, but rather to attempt to apply the statute from 1959 to these modern business activities.” - Brian Hamer [03:32]


  • “I think this is something that we lose sight of. I think there’s perhaps traditionally been this notion that there is a physical presence requirement in the statute, but it just doesn’t exist, and as I say specifically, Congress rejected that approach.” - Brian Hamer [14:53]


  • “Believe this or not that the motivation for the Statement of Information and the recent revisions of the statement is really to benefit taxpayers. That the thought was that it was important for taxpayers to understand where states are coming from, because it’s all about notice here. Taxpayers should not be taken by surprise.” - Brian Hamer [17:13]


  • “If 86-272 is not the answer, what is the answer? And the answer frankly is that states need to enact a system of thresholds.” - Brian Hamer [25:52]

 


Relevant Links:


The Multistate Tax Commission: https://www.mtc.gov


Multistate Tax Commission with Helen Hecht: taxops.com/multistate-tax-commission-with-helen-hecht


Brian Hamber on LinkedIn: linkedin.com/in/brian-hamer-528b67b4


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Production Support

This episode was produced with support from Truth Work Media. www.truthworkmedia.com

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About the Podcast

SALTovation: Making Sense of State and Local Tax
Welcome to SALTovation. The SALTovation show is a podcast series featuring the leading voices in state and local tax (SALT). Here we talk about issues, strategies, and planning tools to help you make sense of SALT. Because, in SALT, there is no “one and done.” SALT is a puzzle of ever-changing pieces. Solving that puzzle is our business at SALTovation. Tens of thousands of listeners know they won't get tax talk as usual with the SALTovation team. Our team is known for straight-talk with a flair for fun, providing clarity and opinions that move businesses forward with confidence.

Attorney, CPA, speaker, and writer Judy Vorndran leads the SALTovation team as they go inside business to help deal with the daily operations and long-term strategies of making SALT less “taxing.” Judy has spent more than 25 years advocating for businesses with innovative strategies, renowned knowledge and experience. She has helped guide thousands of taxpayers across the nation and globally through the morass of SALT, freeing them to concentrate on growth. Joining Judy are the wickedly smart members of the SALTovation team, who have seen, worked with and tamed some of the most prickly issues in SALT. They enjoy sharing their stories and knowledge with listeners.

Solving the SALT puzzle doesn’t happen in a vacuum; it takes a community. So, we invite leaders in business and state and local tax to share their stories, challenges and successes on this show. Drop us a line at SALTovation.com if you'd like to join the conversation and tune into our regular series at TaxOps.com.