use tax accrual: managing systems and personnel...
TRANSCRIPT
Use Tax Accrual: Managing Systems
and Personnel to Address Tax Risk
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WEDNESDAY, MARCH 27, 2013
Presenting a live 110-minute teleconference with interactive Q&A
Mike Dillon, President, Dillon Tax Consulting, Annapolis, Md.
Thomas Smith, Partner, HoganTaylor, Tulsa, Okla.
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Use Tax Accrual: Managing Systems and Personnel to Address Tax Risk Seminar
Thomas Smith, HoganTaylor
March 27, 2013
Mike Dillon, Dillon Tax Consulting
Today’s Program
Importance Of A Use Tax Accrual Focus
[Mike Dillon]
Improved Interactions With Systems
[Mike Dillon]
Leveraging Various Tools In Use Tax Accrual
[Mike Dillon]
Georgia-Pacific Experiences With, Approaches To Accrual
[Steve Peck]
Slide 8 – Slide 11
Slide 27 – Slide 38
Slide 12 – Slide 23
Slide 24 – Slide 26
Notice
ANY TAX ADVICE IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN BY
THE SPEAKERS’ FIRMS TO BE USED, AND CANNOT BE USED, BY A CLIENT OR ANY
OTHER PERSON OR ENTITY FOR THE PURPOSE OF (i) AVOIDING PENALTIES THAT
MAY BE IMPOSED ON ANY TAXPAYER OR (ii) PROMOTING, MARKETING OR
RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
You (and your employees, representatives, or agents) may disclose to any and all persons,
without limitation, the tax treatment or tax structure, or both, of any transaction
described in the associated materials we provide to you, including, but not limited to,
any tax opinions, memoranda, or other tax analyses contained in those materials.
The information contained herein is of a general nature and based on authorities that are
subject to change. Applicability of the information to specific situations should be
determined through consultation with your tax adviser.
IMPORTANCE OF A USE TAX ACCRUAL FOCUS
Mike Dillon, Dillon Tax Consulting
Managing Risk: The Need To Focus On Use Tax Accrual
• Sales and use tax audits begin with purchases.
– More important than ever to focus on purchases
– Auditors know use tax = low-hanging fruit
– D.C./state focus on use tax compliance
– Colorado/Tennessee notification requirements
– Use tax audits are a referral source for identifying
unregistered vendors
9
Managing Risk: The Need To Focus On Use Tax Accrual (Cont.)
• Most companies lack an internal tax funct ion
focused on sa les and use tax.
– Most companies focus on revenue and customers.
– Reactive compliance
– “Don’t know what we don’t know”
– When I ask the question = “deer in the headlights”
10
Managing Risk: The Need To Focus On Use Tax Accrual (Cont.)
• Most compan ies l ack a use tax accrua l p roces s
– So many variables that can affect wrong tax decision or
indecision
– No internal review of purchases for proper tax application
by vendor
– Internal review placed in hands of non-tax personnel
– Vendor incentive and A/P incentive
– Potential for overpayments as well as exposure
– Decentralized or complex purchasing means even more risk
11
IMPROVED INTERACTIONS WITH SYSTEMS
Mike Dillon, Dillon Tax Consulting
Improved Processes And Interactions With Systems
• Manua l use tax accrua l process : Interna l rev iew
of purchases fo r proper tax app l i cat ion by vendor
and/or account
– Goal is uniformity and a process
– A/P must apply tax laws and keep up with the
constantly changing product taxability rules.
– Incentive is expedient processing, not compliance
13
Slide Intentionally Left Blank
Improved Processes And Interactions With Systems (Cont.)
• Manua l use tax accrua l process : Interna l rev iew
of purchases fo r proper tax app l i cat ion by vendor
and/or account (Cont. )
– Inaccurate reliance on human knowledge and manual
processing
– Staff turnover
– Inaccurate recordkeeping in turn attracts tax auditors.
15
Improved Processes And Interactions With Systems (Cont.)
• Regular ly rev iew purchase accounts
– Large purchase accounts
– Special purchase accounts
– Specific vendors
• Sa les and use tax matr ix
– Manual or automated process
– Consistency and uniformity
16
Improved Processes And Interactions With Systems (Cont.)
• Sa les and use tax compl iance so f tware
– Automated tax decision, rating and return preparation
– Keep accounting personnel focused on higher-value work
– Seamless integration with accounting/billing
– Data archived for audit purposes
17
Improved Processes And Interactions With Systems (Cont.)
• Sa les and use tax compl iance so f tware: Few opt ions
on market
– Most solutions focus on sales transactions, not purchases
– again, this is why there is audit focus on the purchases.
– Even with automation, there is human involvement,
which always leads to the potential for error.
– Minimize the number of humans involved: Purchase order
vs. A/P coding
18
Improved Processes And Interactions With Systems (Cont.)
• Sa le s and u se tax comp l i ance so f tware : Requ i rement s
– Systems must address whats, hows and whens of a transaction.
– Some purchases are exempt by statute.
– Some purchases are exempt for resale, and a resale certificate
is required.
– Some purchases are exempt by use, and an exemption
certificate is required.
– Some purchases are exempt based on interstate commerce, and
consideration must be given to multiple jurisdictions and when
title is transferred.
19
Improved Processes And Interactions With Systems (Cont.)
• Sa les and use tax compl iance sof tware:
Requi rements (Cont. )
– Fixed asset and expensed/service purchases through AP
– Inter-company/interstate transfers for which tax was not
previously paid/underpaid
– Previously untaxed internal consumption items taken out
of inventory
– Samples and promotional items distributed throughout
country
20
Improved Processes And Interactions With Systems (Cont.)
• Sa le s and u se tax comp l i ance so f twa re : Requ i rement s
(Con t . )
– Determine whether use tax is due, based on decision matrix
– Determine if appropriate sales tax was charged based on
jurisdictional logic, product and use
– Generate required use tax based on location and rate
– Generate information into GL for accrual and remittance
– Generate reporting for compliance and audit
– Capable of accruing difference if vendor undercharges
– Capable of issuing short-pays and credits
21
Improved Processes And Interactions With Systems (Cont.)
• Sa les and use tax compl iance so f tware: What
sys tems are ava i lab le
– CCH CorpSystem Sales Tax
– Vertex
– Taxware
– BillSoft EZTax
– TaxAutomation and leading integrators can assist
22
Improved Processes And Interactions With Systems (Cont.)
• Sa les and use tax compl iance so f tware: Sys tem and
process cons iderat ions
– Must consider how these systems integrate with your ERP
or accounting platforms
– Must identify and capture key data elements needed
– Must pass purchase data elements such as GL account,
vendor, jurisdiction, vendor tax applied
– Must create transactions for unique items such as
inventory or sample removal
23
LEVERAGING VARIOUS TOOLS IN USE TAX ACCRUAL
Mike Dillon, Dillon Tax Consulting
Leveraging Other Tools For
Use Tax Compliance
• Ef fect ive rate agreements
– Simplify use tax compliance
– Take sales tax application out of hands of vendors
– States that authorize ERAs manage the audit with
taxpayer, and set rules and an effective rate for all
purchases as prescribed based on audit results
– Taxpayer issues direct pay permit to all vendors
– Taxpayer self-assesses use tax on all purchases at the
effective rate.
25
Slide Intentionally Left Blank
ACCRUING USE TAX ON A SHOESTRING BUDGET
Thomas Smith, HoganTaylor
First Steps
I. Build a custom taxability matrix dealing with the products you purchase
II. Needs to be industry specific, e.g.:
A. Healthcare
B. Energy
C. Manufacturing
III. There needs to be a reference as to what supports the answer.
IV. Different version for different users
A. AP should be on a single frame
1. Color
2. Laminated
3. Does not need all the support
28
Big enough to know. Small enough to care. SM
P \ 29
Slide Intentionally Left Blank
First Steps (Cont.)
IV. Different version for different users (Cont.)
B. Decision maker copy
1. Tabbed by state
2. All sources included
3. Three-ring binder
31
Benefits Of Training
I. Use the matrix as part of your training process
A. During most training classes I’ve conducted, the question
always arises as to the taxability of items.
B. The matrix can be rolled out as part of the training as a
“cheat sheet.”
II. Others who might need a matrix:
A. Project estimators
B. Purchasing departments
C. Engineering
32
Spreadsheets And Databases
I. On several occasions when clients have had budget restraints,
we have built a simple database to help them accrue the tax.
II. This usually occurs when the AP staff is resistant to training.
III. Makes more sense to outsource or do within the tax
department
IV. Tax decisions are just too complex.
33
Example
34
Slide Intentionally Left Blank
Using A Database
I. Trapped all of the AP data in a database
II. Sorted by vendor in groups
I. Always taxable
II. Sometimes taxable
III. New vendors
IV. Vendors issued a direct pay permit
III. This allowed us to focus time on the vendors that required attention.
IV. This system allowed us to review approximately 10,000 invoices in
less than 40 hours.
36
Manual Accruals
I. If AP can handle the task …
A. Most AP systems have an option to accrue tax within the
AP screen.
B. Write a “hard line of accrual” into the tax payable
account
II. Pull out the questionable invoices for a decision maker to
review
A. Use a spreadsheet
B. Use a database
C. Make copies or scans of invoices
37
Use An Orderly Process
I. Buy a stamp
II. Disfigure the invoice
38