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Generally, What Is the Firm’s Strategy in a Multi-State Tax Matter?

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Key Takeaways

  • So if you’ve watched some of the other videos in the series, I think you’ve kind of gotten a flavor for how I look at multi-state tax issues but let me just summarize.
  • Number one I don’t believe in just jumping in.
  • What I believe in is really taking the time to develop a strategy that makes sense for a business.

So if you’ve watched some of the other videos in the series, I think you’ve kind of gotten a flavor for how I look at multi-state tax issues but let me just summarize. Number one I don’t believe in just jumping in. What I believe in is really taking the time to develop a strategy that makes sense for a business. I run a small business myself, I’m aware of the challenges that come with businesses and I’m aware that the legal decisions that get made for a company aren’t the driving factor. A lot of times the business has to do what’s best for itself, so my approach is always business first. It’s about taking legal decisions or tax decisions and framing that into what makes the most sense for the business. You know I’m certainly going to argue for being in compliance, I’m certainly going to argue for mitigating risk from a legal perspective, but I’m not going to sacrifice the profitability of a business. To do that we’re going to have to find a compromise sometimes. So our approach generally is about building a strategy and then really it’s about the efficiency in execution of that strategy. It’s about taking the client’s resources, whether they’re a small company or whether they’re a multi multi-million dollar corporation, it’s about taking those resources, it’s about taking the resources of the CPA firm that they have, about taking the resources of any bookkeeping that they have whether internally or externally, and the way that I look at this from our firm’s perspective is we’re kind of the quarterback of the team. The client is in charge of dictating what needs to be done but we go out and we help execute that. We’ll certainly offer advice, we’ll certainly offer guidance and direction and what we think is best in order to help our clients make the best decisions they can, but the client runs the show and it’s our job to not only execute the strategy that they want us to, but do so in the most efficient way. It’s not about just plugging away and getting things done although that certainly is important. The important thing is what is the best thing for the business, where is the business best served by taking the strategy that we’ve developed in step one and translating that across the business? Is there way that we can implement the tax strategy into the client’s sales process so that the salespeople or the resources that the client has are keeping them out of trouble? What are other ways we can work with the client’s business processes to make sure that what we’re doing is most effective? And then most commonly with multi-state issues, where are areas that we can save the client money? There are a lot of areas that most clients miss when they do that. So oftentimes, clients will retain us on a matter and what we try and do with our expertise is to bring as much value as we can to that individual client situation. We’re always a fan of trying ideas, of trying to mitigate costs and try to do the best thing for our clients so that’s generally the approach that we take when we handle a multi-state tax matter.

Why Should I Hire Brotman Law to Represent Me With My Multi-State Tax Issue?

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Key Takeaways

  • Multi-state taxation is one of our primary practice areas and it’s kind of our jam.
  • It’s something that we pride ourselves on because multi-state taxation is a very complex area.
  • It’s a very fast changing area and it’s an area that we provide a lot of value for our clients, so we live and breathe in this world.


Multi-state taxation is one of our primary practice areas and it’s kind of our jam. It’s something that we pride ourselves on because multi-state taxation is a very complex area. It’s a very fast changing area and it’s an area that we provide a lot of value for our clients, so we live and breathe in this world. Both me, the rest of our senior attorney team and all of our staff are very familiar with helping clients through these difficult situations. We really excel at this for a variety of reasons but the one I would point to  first and foremost is that it’s not that we just understand the tax law – anybody can understand the law – but where we excel is we really understand the procedure. We understand not only the way the law is written, but how that law is enforced and how enforcement varies from a state like California to one like Alabama or Wyoming or Tennessee. So in looking at this from a landscape perspective, we can really help our clients understand and navigate risk. The other reason that we’re very good at this and why we excel at multi-state taxation is our firm focuses on the business first. Most of our clients are businesses or business owners. A lot of our clients are businesses outside the state of California and we deal with businesses in a lot of different industries. We deal with professional services businesses, we deal with manufacturers, we deal with retail we deal with hospitality, and we deal with all sorts of businesses across the country so we’ve really developed a knowledge of not only what we can do for a client from a tax perspective, but we take the time to understand our clients and their business processes so that we’re recommending strategies that make sense. We can have the best tax plan in the world and if it doesn’t make business sense for the client, it’s not a good solution so we look at this from business first. We try and minimize risk. We try and minimize waste, we try to minimize cost and we try to maximize efficiency and value. We’re doing that by looking at it from a business lens versus a legal lens and I think that’s very important. It’s one thing that really distinguishes us as a firm because a lot of lawyers don’t know how to run a business. A lot of lawyers aren’t sensitive to cash flow, they’re not sensitive to the fact that a company may be operating with limited resources and they’re not sensitive to the fact that certain things just don’t make sense for an organization. So when we approach a multi-state tax issue, we’re really going for focus first and I think that’s a philosophical difference that we have with a lot of law firms and why we’ve been so successful in this arena. You know what I would encourage you to do is let’s have a conversation. Let’s sit down. Let’s talk about where your company is at. Let’s talk about some of the challenges that you think that you’re facing. Let me offer my input into the some of the challenges that you may or may not be aware of and then let’s try and work out a solution. Then if you need us going forward, you’re more than welcome to retain us.

A Primer on Multi-State Tax Issues for Businesses and Individuals

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Key Takeaways

  • So, if you are an Amazon retailer that is located in New York, you may never go to California.
  • The Wayfair Case and its Impact on Business
  • However, at the same time this was going on, the Supreme Court changed the landscape of multi-state taxation forever with the Wayfair vs.

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Multistate Tax Commission Multijurisdiction Resale Certificates

Multistate Tax Commission Multijurisdiction Resale Certificates

Key Takeaways

  • The Multistate Tax Commission (MTC) issued the multijurisdiction resale certificate (MTC certificate) in July 2000 to provide a standard document for businesses to utilize that will be uniformly accepted by sellers.
  • When a purchaser issues a qualified MTC certificate, the burden is upon the seller to examine each purchase order issued by its customer to determine if the purchase is subject to tax or is for resale.

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Jurisdictional Issues for Startups

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Jurisdiction

Key Takeaways

  • The first major potential pitfall that startups face when operating through an Internet presence is the question of jurisdiction.
  • As a result, startups weary of subjecting themselves to jurisdiction in foreign venues should take active measures to minimize their contacts there.
  • There are also other means that companies may take to curtail their liability.

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Privacy Issues that Arise for Startups Doing Business in or with the Residents of California

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As in many other areas of law, the State of California has been on the front line of bringing about aggressive changes in the laws concerning protection for online consumers. The economic power and size of California, in addition to being the primary locus for much of the startup activity in the technological world, means that the cost of doing business for many companies includes compliance with California privacy law. Many elements of privacy protection, which are merely recommended by the Federal Trade Commission and other regulatory bodies, are required by statute in California. A prime example is the Online Privacy Protection Act. Technology law scholars, Richard Raysman and Peter Brown, note that the law “requires that any collection of personally identifiable information from California residents through a Web site or online service for commercial purposes be done pursuant to a conspicuously posted privacy policy.” [1] Federal law creates no such requirement for disclosure.

Key Takeaways

  • Go to Brotman Tax Resolution Services
  • Go to The Brotman Virtual Law Office
  • Go to Resource Blog Homepage

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Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California