Monika Miles

When it comes to Software-as-a-Service (SaaS) companies, there’s often confusion regarding both nexus and the taxability of this revenue stream.

And while the Wayfair decision seems like it’s directed only at online sellers, traditional multi-state sellers (including those that generate revenue from SaaS and software) are also affected, as nexus is now easier to establish. Once it is established – either by traditional physical presence or by sales volume – then companies will need to consider the taxability rules of SaaS in each state in which they have nexus.

Is SaaS even taxable? Because SaaS and cloud computing don’t always clearly fall into existing tax definitions, different states interpret its taxability in different ways. Some regard it as similar to electronically downloaded software, while others consider it a service, which may be taxable or not. And what about electronically downloaded software? Is it treated differently from SaaS?

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Vice President Tax In Nebraska

TaxConnections Executive Search Services Division has been retained to conduct a search for a Vice President Tax in Nebraska.

The Vice President Tax is the head of tax for all the companies that operate under this privately held parent. The Vice President Tax will be responsible for overseeing and managing the tax function and all relationships with external and internal business partners and identify areas of risk and opportunity for the company including:

  • Manage the co-sourcing agreement with the Companies’ external tax accounting firm for the preparation of the statutory and GAAP income tax provision and accrual, and the tax return preparation and compliance matters for income, premium, property and sales/use.
  • Manages all Companies’ tax audits and examinations and negotiates settlement of disputed issues with the Internal Revenue Service and other regulatory bodies.
  • Represents the Companies at the highest levels of appeal in negotiations regarding tax deficiencies.
  • Controls tax planning responsibilities for all Companies including short and long-range planning to reduce tax expenses to the legal minimum.

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Monika Miles- Taxability of SAAS In North dakota, South Dakota, Nebraska

In the wake of the Wayfair decision, there are a lot of questions surrounding sales taxes across the many U.S. states. While many queries we receive revolve around establishing physical presence and nexus for retail items, the next important question a company must always ask is, “If I have nexus, is my product taxable?” In that regard, there are a few areas many business often overlook: Software-as-a-Service (SaaS), cloud computing and electronically downloaded software. Are these items taxable? It depends.

A few months ago we explored the taxability of SaaS, cloud computing and electronically downloaded software in 15 states across the country; today we’re taking a look at the tax ramifications of three more states: North Dakota, South Dakota and Nebraska.

Nexus & Constitutional Issues for Middle America Companies

Following the Wayfair decision, do companies in North Dakota, South Dakota and Nebraska need to pay online sales tax to states in which they’ve established nexus? And if so, what is the tax threshold?

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