Automatic Data Processing, Inc. · NASDAQ:ADP
Automatic Data Processing — ADP SUT Webinar (September 2012)
34 slides from Automatic Data Processing's conference presentation, September 2012
Slide 1: Get Ready to Comply With the Marketplace Fairness & Marketplace Equity Acts
Get Ready to Comply With the Marketplace Fairness & Marketplace Equity Acts September 2012 1 © Copyright 2012 ADP, Inc. Proprietary and Confidential Information. The content may not be reproduced or repurposed without written permission from ADP.
Slide 2: Housekeeping
Housekeeping This is one of a number of complimentary webinars that ADP offers to Finance and HR professionals each year Today’s webinar will last for 60 minutes, ending at 1:00 p.m. (ET) The last 10 minutes of today’s program have been reserved for Q&A A PDF copy of today’s slides for downl
Slide 3: CPE Credit
CPE Credit Are you planning to apply for CPE credits for attending today’s webinar? A. Yes, 1 CPE Credit B. No NASBA® (National Association of State Boards of Accountancy) and APA (American Payroll Association) requirements for receiving CPE and/or RCH Credit: •Log in from same e-mail address that
Slide 4: About ADP
About ADP Over 600,000 clients worldwide Pays 1 out of 6 in the U.S. private sector - 33M worldwide Founded in 1949 Went public in 1961 45,000 Associates Revenues of approximately $10 Billion In 60+ Countries Market capitalization of >$23 Billion 1 of 4 AAA Rated U.S. Industrial Companies Electr
Slide 5: Presenters
Presenters Charles Collins Matthew Walsh ADP ADP VP Government Affairs Sr. Director, Operations 5 © Copyright 2012 ADP, Inc. Proprietary and Confidential Information. The content may not be reproduced or repurposed without written permission from ADP.
Slide 6: Polling Question #1
Polling Question #1 Are you following potential Federal Legislation on remote commerce? A. Yes B. No C. Not Applicable NASBA® (National Association of State Boards of Accountancy) and APA (American Payroll Association) requirements for receiving CPE and/or RCH Credit: •Log in from same e-mail addr
Slide 7: Agenda
Agenda Marketplace Fairness & Marketplace Equity Acts What the acts would do? Why states and local need Congress help? What is covered by the acts? Review major provisions Compliance Issues for Remote Sellers Product Taxability and Filing Requirements Compliance Solutions Action Items Questi
Slide 8: What are the Marketplace Fairness and Marketplace Equity Acts?
Marketplace Fairness and Marketplace Equity Acts What are the Marketplace Fairness and Marketplace Equity Acts? Congressional legislation providing states authority to collect sales and use taxes on remote transactions – Marketplace Fairness Act: “To restore States’ sovereign rights to enforce Sta
Slide 9: Marketplace Fairness Act – S. 1832
Marketplace Fairness and Marketplace Equity Acts What are the Marketplace Fairness and Marketplace Equity Acts? Marketplace Fairness Act – S. 1832 – Sense of Congress: “It is the sense of Congress that States should have the ability to enforce their existing sales and use tax laws and to treat sim
Slide 10: Why do State and local jurisdictions need Congressional legislation?
Marketplace Fairness and Marketplace Equity Acts Why do State and local jurisdictions need Congressional legislation to enforce State and local sales and use tax laws? Limited authority over remote sellers Congressional ability to regulate interstate commerce To enforce existing laws and to tr
Slide 11: What remote transactions are covered by the bills?
Marketplace Fairness and Marketplace Equity Acts What remote transactions are covered by the bills? All forms of remote commerce are included Not just e-commerce transactions Transactions covered can occur – Over the Internet – By Mail order – Through a Call center – By TV shopping – In a stor
Slide 12: Polling Question #2
Polling Question #2 Is your company a remote seller or a brick and mortar seller? A. Remote seller B. Brick & mortar seller C. Other D. Not Applicable NASBA® (National Association of State Boards of Accountancy) and APA (American Payroll Association) requirements for receiving CPE and/or RCH Credi
Slide 13: History of Legislation
Marketplace Fairness and Marketplace Equity Acts History of Legislation Remote commerce legislation in previous sessions Remote Commerce Bills Durbin/Conyers – S. 1452 / H.R. 2701 – Main Street Fairness Act (MSFA): States comply with SST to gain collection authority Womack/Speier – H.R. 3179 –
Slide 14: Main Street Fairness Act (MSFA) – S. 1452 / H.R. 2701
Marketplace Fairness and Marketplace Equity Acts Main Street Fairness Act (MSFA) – S. 1452 / H.R. 2701 Sponsors: Senator Richard Durbin, IL & Representative John Conyers, MI Requires compliance with Streamlined Sales Tax Agreement for collection authority Provides for a small seller threshold
Slide 15: Marketplace Equity Act (MEA) – H.R. 3179
Marketplace Fairness and Marketplace Equity Acts Marketplace Equity Act (MEA) – H.R. 3179 Sponsors are Representative Steve Womack, AR, and Representative Jackie Speier, CA Compliance with SST Agreement is not required Provisions to gain compliance contained in Act Effective 1st of quarter s
Slide 16: Marketplace Equity Act (MEA) – H.R. 3179 provisions
Marketplace Fairness and Marketplace Equity Acts Marketplace Equity Act (MEA) – H.R. 3179 Specific list of provisions to gain authority – Identical State and local tax base – States must choose one of following for remote sales Single State-wide blended rate (State and local) Maximum State rat
Slide 17: Marketplace Fairness Act (MFA) – S. 1832
Marketplace Fairness and Marketplace Equity Acts Marketplace Fairness Act (MFA) – S. 1832 Sponsors are Senators Mike Enzi, WY; Richard Durbin, IL & Lamar Alexander, TN States’ rights bill States have two paths to gain collection authority – Effective date for States depends upon path Small s
Slide 18: Marketplace Fairness Act (MFA) – S. 1832 paths
Marketplace Fairness and Marketplace Equity Acts Marketplace Fairness Act (MFA) – S. 1832 States have two paths to gain collection authority – Comply with Streamlined Sales Tax Agreement (1st day of quarter at least 90 days after passage of Act) – Pass specific list of simplification provisions (1
Slide 19: Discussion of specific provisions
Marketplace Fairness and Marketplace Equity Acts Discussion of specific provisions Consolidated filing (MFA) – Allows eligible providers to file one return per jurisdiction for all sellers in lieu of separate return by jurisdiction per seller – Allows remote transactions to be reported separately
Slide 20: Discussion of specific provisions: software and services
Marketplace Fairness and Marketplace Equity Acts Discussion of specific provisions Level of software and services states must provide – States to provide rates/jurisdictional database & product taxability matrix (Streamlined Sales Tax Agreement) – Remote sellers need databases combined for complia
Slide 21: Compliance issues for remote sellers
Marketplace Fairness and Marketplace Equity Acts Compliance issues for remote sellers Do you have an accounting system that can handle tax calculation and compliance? Can your system handle calculations and compliance for all state and local tax jurisdictions? Will your system require modifica
Slide 22: Steps to help ensure compliance
Marketplace Fairness and Marketplace Equity Acts Steps to help ensure compliance Take some time now to review: – Current tax collection obligations Where are you currently filing? Where should you be currently filing? – Revenue projections – Your systems Shopping cart/order entry Tax calcu
Slide 23: Taxability considerations
Marketplace Fairness and Marketplace Equity Acts Taxability considerations: Sales tax is more than just rates: – Sales tax rates are numerous and change frequently, but that is not the only aspect to consider. – Products: Products and services can have special taxability rules – What are you sel
Slide 24: Product taxability
Marketplace Fairness and Marketplace Equity Acts Product taxability: Many items are provided with special tax treatment across the U.S. Full exemptions, partial exemptions or thresholds Common areas for special treatment: – Clothing – Medical related items (drugs and equipment) – Publications
Slide 25: Purchaser taxability
Marketplace Fairness and Marketplace Equity Acts Purchaser taxability: Do you sell to only taxable persons or do you also sell to those with special tax status? Many types of purchasers have tax exemptions across the U.S. – Non-profits – Manufacturers – Resellers How do you currently handle sa
Slide 26: Other tax calculation and compliance considerations
Marketplace Fairness and Marketplace Equity Acts Other tax calculation and compliance considerations: Discounts Shipping charges Back orders or delayed shipments Returns Deployment of the calculation system (premise or hosted) Maintenance of required data for audit support 26 © Copyright
Slide 27: Polling Question #3
Polling Question #3 If you are a remote seller are you currently collecting tax in more than 10 states? A. Yes B. No C. Not Applicable NASBA® (National Association of State Boards of Accountancy) and APA (American Payroll Association) requirements for receiving CPE and/or RCH Credit: •Log in from
Slide 28: Filing and remitting the taxes collected
Marketplace Fairness and Marketplace Equity Acts Filing and remitting the taxes collected: What is your current system for filing and paying? – In-house – Third party provider/accounting firm Will your current method be able to support your operations for filing in more jurisdictions? Will you
Slide 29: Action items
Marketplace Fairness and Marketplace Equity Acts Action items: – Review your systems Sales order Tax calculation (if applicable) – Review your product line – Review your customers – Review your filings Make sure your sales order system can handle the needed information Ensure your tax calc
Slide 30: Question
Question Are you a current ADP client? A. Yes, I am a current ADP client. B. No, I am not a current ADP client. C. I am an ADP employee. NASBA® (National Association of State Boards of Accountancy) and APA (American Payroll Association) requirements for receiving CPE and/or RCH Credit: •Log in fro
Slide 31: Q&A
Q&A 31 © Copyright 2012 ADP, Inc. Proprietary and Confidential Information. The content may not be reproduced or repurposed without written permission from ADP.
Slide 32: Thank You for Joining Us Today
Thank You for Joining Us Today For information on any of the ADP products or services referenced during today’s webinar: – Call us at 800-CALL-ADP or visit www.adp.com For a complete listing of ADP webinars and webinar recordings, go to: – adp.com | tools & resources | events | webinars 32 © Cop
Slide 33: Please Tell Us How We're Doing
Please Tell Us How We’re Doing Your input will be used to improve and plan future webinars The information and materials provided in this webinar are for informational purposes only and not for the purpose of providing accounting, legal or tax advice. Such information is by nature subject to revisio
Slide 34: Thank You for Attending
Thank You for Attending
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