Which property type is exempt statewide from property tax in Delaware quizlet?

do you use a lot of case law?
-- yes

allied signal: most important case she references
-- if you are not unitary with that lower tier, you do not need to combined apportionment
-- unitary is used much more common in a flow-through context

tax incentives are bad tax policy
-- not equitable
-- goes against economy credit: not neutral!
-- however, is it really hurting your state? think about it
❌Amazon gets a huge credit for choosing to HQ somewhere
❌other businesses might be pissed, but now 20,000 people have jobs / those people are having state taxes withheld / those people are buying homes

do you have to include inventory in your Wayfair calculation?
— no! this deals with sales tax
— however now some are now saying that income tax is affected

as long as we have "substantial authority" to sign a return, we can
-- substantial authority = 34%

FL is currently a "cost-of-performance" state, but they have applied to use "market-based"
-- they are interpreting cases as if they are a market-based state already, even though the law hasn't been passed
-- ^ states are using this against them who want them to be cost-of-performance ... they're like, it's not official yet!
-- ^ literally not positive if i caught this correct, after she said "Minnesota is saying, no that income isn't from FL, it's from MN (bc it wasn't performed in FL?). FL even gave us a refund, showing that they're trying to switch to mkt based" - i think

"Greater-of" state:
-- VA and FL are producing an item
-- VA is producing more than FL
-- VA is like, we want ALL sales sourced to us'

You need to put on hats for each state, one at a time
-- have a list of mkt v. cost of production per state
-- have a list of where the services were exactly performed for your client

⭐️sourcing of service revenue
-- mkt-based states vary in their approach to assigning revenue
-- often apply a hierarchy of 2 or more of the following:
❌1. Where service is performed or delivered
❌2. Billing address of customer
❌3. Commercial domicile of customer
❌4. Where service benefit is received
❌5.
❌6.
-- you are hired to make a good faith effort, not be a detective

⭐️constitutional protection
-- due process
-- commerce clause
-- equal protection
-- EVEN first amendment - privacy issues?

commerce clause
-- Wayfair: do i have to have physical pres. to have a connection to state? (sales tax)

PL 86-272
-- income tax only
-- super narrow
-- does not apply to foreign commerce: CA does not extent this to foreign corporations ... Canadian company just shipping product into state, owes full tax

MTC
-- trying to make stays have similar laws
-- sadly NY and CA not members - they're big and want to do whatever they want
-- PL 86-272 might be seriously affected by MTC! they are interpreting in context of internet solicitation
-- ^ if you are just shopping on JCrew.com ... this is solicitation of tangible personal property
-- ^ now also saying, anything happening on screen is activity of company ... cookies showing revolve ads on Quizlet
-- so do they not want PL 86-272 to protect this?
-- this computation unsustainable?
-- substantial amounts of income tax
-- states should consider protections for small businesses - need a brightline for tangible personal property

sales tax basics
-- if you sell tangible personal property, you have to pay sales tax
-- common exemption: resale exemption
-- other exemption: enhances R&D - exempt sale of some equipment

"click-through" Amazon Laws
-- people can buy things on Amazon and through Amazon Smile donate to a charity
-- states were like Amazon has physical presence through that charity because the charity is receiving a commission

Wayfair:
-- states were feeling confident that they would get Quill overturned
-- SCOTUS started attacking the states; the reasoning: You have a use tax, just tax people in your state for using the stuff
-- you can never tell how SCOTUS will rule from the oral argument ... a lot of time just trying to talk everything out
-- SCOTUS overturned Quill
-- Wayfair says you have economic nexus if you have $100k in sales OR 200 transactions ... she says transaction threshold needs to be eliminated (CA already did)
-- Pike "balancing act" case: you can't force a taxpayer to build a $5 million labeling facility when they have one right across the border
-- her argument to protect small business: there are 10-12,000 taxing jurisdictions! this is crazy ... the burden is too big to file all of these for small business (they go out of business)

marketplace facilitator
-- NY: you have to advertise the sale; get a commission
-- CA: you have to advertise OR get commision

⭐️Wayfair - inbound sellers
-- foreign countries don't have sales tax - they have VAT tax (much simpler)
-- countries are calling us, like what's going on - does this affect us?

Wayfair for income tax
-- is it fair to be taxed on sales and income for selling $600 worth of lip balms to another state? (more than 200k transactions)

⭐️how to we enforce China to pay Wayfair tax?
-- it's a huge issue - we look to see if they have a warehouse holding inventory (confiscate); we look to see if they have bank accounts

⭐️why can't federal gov just make this simple!?
-- infringes on states' rights - we are United STATES of America

⭐️main focus of tax planning for your current clients, since you were there for boom of tax shelters?
-- you need to have business purpose and reason ... back then what we were doing would not be allowed now
-- you are not obligated to establish businesses to pay the most tax
-- if you restructure though JUST to save taxes - you can't do this
-- NOW: we still want taxes to be tax efficient; look at their facts; if you reason to isolate your sales from manufacturing you can potentially save taxes ... you don't want tax to influence business (tax should FOLLOW book - book first)

Which individual is exempt from real estate license quizlet?

Which of the following is not exempt from real estate licensing requirements quizlet?

Which Delaware property is exempt from requirements for seller disclosure of potential radon hazards?

Which of the following would always be categorized as real property quizlet?