Multistate Tax Compact publications, State and Local Tax
The following PwC publications address the various developments on taxpayer challenges to Compact member states’ denials of the Article III election. In addition, these publications address general developments involving the Compact.
September 14, 2015 - In this article, the authors argue that it is fallacious that the Multistate Tax Commission relies on the Florida Resolution as support for its assertion that partial repeal of the Multistate Tax Compact is possible.
Monday, August 17, 2015 - In this viewpoint, Michael Herbert and Bryan Mayster assert that the Multistate Tax Commission’s position regarding a mandatory single-sales-factor formula is inconsistent with its amicus brief filed in Moorman Manufacturing and suggest that the change is driven by a desire to prevent taxpayer refunds and preserve state revenue.
Monday, July 28, 2014 - The Multistate Tax Commission is in the development stages of a transfer pricing audit program and a remote seller single-audit program regarding the Marketplace Fairness Act of 2013. As the Commission considers expanding its current income and sales tax audit programs, it is time to review the Commission’s functions and powers under the state statutes implementing the MultistateTax Compact, as well as its organizational status.
Thursday, November 21, 2013 - In this October 21, 2013, Tax Analysts article, David Kennedy, Michael Herbert, and Bryan Mayster examine how Missouri allows taxpayers to make the Multistate Tax Compact equally weighted three-factor apportionment election and how such treatment may serve as a model for other compact states to follow.
Tuesday, October 8, 2013 - In this September 2013 article, Michael Herbert and Bryan Mayster explore the journey of the Multistate Tax Commission's joint audit program in light of the Commission’s early purpose of fighting for uniformity, efficiency, and compatibility of tax laws governing multistate businesses.
Thursday, June 6, 2013 - With the recent state withdrawals from the Multistate Tax Compact, a number of issues arise, including the impact they will have on the joint audit program authorized under Article VIII of the Compact. Will the states that have repealed the Compact but re-enacted all provisions except for Articles III and IV still be considered “members” of the Compact and be able to continue to participate in the joint audit program?
Monday, April 15, 2013 - At issue in Gillette is much more than a state tax matter. The decision will have ramifications for the over 200 existing interstate compacts addressing matters as wide ranging as environmental control to interstate transfers of violent criminals.
Friday, November 9, 2012 - A Promise Forgotten - As the myriad of tax, legal and constitutional issues the Gillette case has created weave their way through the courts and state capitols, interested parties would do well to look back at the reasons for the Compact's adoption. Through this prism, one might find it difficult to reconcile the past history with the present day statements of the FTB and Multistate Tax Commisssion.