Justin Hepworth's guest appearances

Justin Hepworth

Sheppard Mullin's Nota Bene

Sheppard Mullin's French Insider

Reid Whitten

Jacques Derenne

Brian Miller

Robert Friedman

Michael Roberts

John Carroll

Susan Jackson

Jonathan Meyer

Brian Weimer

Julie Myers

Jonathan Aronie

Scott Giordano

Mike Scarborough

Paul Kim

Ben Huffman

OwlTail

Taxes can be complicated. This is especially true in the United States, where not only is there a Federal tax system, but every state has its own tax system as well. Understanding your tax liabilities in the U.S. means understanding the intricacies of the tax system of each state you’re doing business in. How are tax liabilities assessed and what type of taxes can a French company doing business in the U.S. be subject to? In this episode, we’re providing a high-level view of what every French company should know about potential state tax liabilities in the U.S.   Joining host Sarah Ben-Moussa is Justin Hepworth. Justin is a partner in the Tax and Estate Planning Practice Group in Sheppard Mullin’s Orange County office. His practice encompasses a broad range of state and local tax matters, from planning, compliance, and transactional matters to controversy matters in audit and through litigation. Justin regularly advises clients on state and local tax implications of restructurings, mergers, acquisitions, spinoffs, and asset sales. He advises on audit defense, voluntary disclosure, unclaimed property (escheat law), and other controversy and compliance matters. He has extensive experience handling a broad range of multistate issues, including nexus, sales and use tax exemptions, sourcing and characterization, research and development credits, unitary business matters, California Prop. 13 change in ownership issues, and residency planning and audits. Sarah Ben-Moussa is an associate in the corporate practice group in Sheppard Mullin’s New York office and is a member of the Energy, Infrastructure and Project Finance team. As a member of the Sheppard Mullin French Desk, Sarah focuses her practice on domestic and cross-border mergers, acquisitions, joint ventures, project-level debt and equity financings of wind and solar facilities, and general corporate matters involving French and American companies. Before joining Sheppard Mullin, Sarah spent a year and a half studying and working in Paris. What We Discussed in this Episode:  What type of state and local taxes might French companies doing business in the U.S. be subject to? What is “nexus” and how does it impact a state’s ability to tax a company? Can a company be subject to a state’s taxing system even with no physical presence in that state? What type of activities establish economic nexus in a state so that tax liability is triggered? What type of goods and services are subject to state taxes? Why might it be important to track sales in every state that a company sells goods or services in? How does the France-U.S. tax treaty affect tax liability at the state level? Why it’s important to enlist the assistance of an accounting and/or law firm What tax considerations exist in mergers and acquisitions? What type of double taxation issues should a company be familiar with?  Resources Mentioned: South Dakota v. Wayfair, Inc. (2018) Contact Information: Justin Hepworth attorney profile  Sarah Ben-Moussa – Sarah’s Sheppard Mullin attorney profile  Sheppard Mullin French Desk: www.sheppardfrenchdesk.com Co-Chair - Valérie Demont  Co-Chair: Christine Hoefliger Hourcade - CHoefliger@sheppardmullin.com Thank you for listening! Don’t forget to FOLLOW to the show to receive every new episode delivered straight to your podcast player. If you enjoyed this episode, please help us get the word out about this podcast. You can listen in  Apple Podcasts,  Amazon Music, Stitcher Radio,  Google Podcasts, or  Spotify. Be sure to connect with us and reach out with any questions/concerns:  LinkedIn Facebook Twitter  Sheppard Mullin French Desk website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Taxes can be complicated. This is especially true in the United States, where not only is there a Federal tax system, but every state has its own tax system as well. Understanding your tax liabilities in the U.S. means understanding the intricacies of the tax system of each state you’re doing business in. How are tax liabilities assessed and what type of taxes can a French company doing business in the U.S. be subject to? In this episode, we’re providing a high-level view of what every French company should know about potential state tax liabilities in the U.S.   Joining host Sarah Ben-Moussa is Justin Hepworth. Justin is a partner in the Tax and Estate Planning Practice Group in Sheppard Mullin’s Orange County office. His practice encompasses a broad range of state and local tax matters, from planning, compliance, and transactional matters to controversy matters in audit and through litigation. Justin regularly advises clients on state and local tax implications of restructurings, mergers, acquisitions, spinoffs, and asset sales. He advises on audit defense, voluntary disclosure, unclaimed property (escheat law), and other controversy and compliance matters. He has extensive experience handling a broad range of multistate issues, including nexus, sales and use tax exemptions, sourcing and characterization, research and development credits, unitary business matters, California Prop. 13 change in ownership issues, and residency planning and audits. Sarah Ben-Moussa is an associate in the corporate practice group in Sheppard Mullin’s New York office and is a member of the Energy, Infrastructure and Project Finance team. As a member of the Sheppard Mullin French Desk, Sarah focuses her practice on domestic and cross-border mergers, acquisitions, joint ventures, project-level debt and equity financings of wind and solar facilities, and general corporate matters involving French and American companies. Before joining Sheppard Mullin, Sarah spent a year and a half studying and working in Paris. What We Discussed in this Episode: <ul> <li>What type of state and local taxes might French companies doing business in the U.S. be subject to?</li> <li>What is “nexus” and how does it impact a state’s ability to tax a company?</li> <li>Can a company be subject to a state’s taxing system even with no physical presence in that state?</li> <li>What type of activities establish economic nexus in a state so that tax liability is triggered?</li> <li>What type of goods and services are subject to state taxes?</li> <li>Why might it be important to track sales in every state that a company sells goods or services in?</li> <li>How does the France-U.S. tax treaty affect tax liability at the state level?</li> <li>Why it’s important to enlist the assistance of an accounting and/or law firm</li> <li>What tax considerations exist in mergers and acquisitions?</li> <li>What type of double taxation issues should a company be familiar with?</li> </ul> Resources Mentioned: <a href="https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf" rel="noopener nofollow" target="_blank">South Dakota v. Wayfair, Inc. (2018)</a> Contact Information: Justin Hepworth <a href="https://www.sheppardmullin.com/jhepworth" rel="noopener nofollow" target="_blank">attorney profile</a> Sarah Ben-Moussa – Sarah’s Sheppard Mullin <a href="https://www.sheppardmullin.com/sbenmoussa" rel="noopener nofollow" target="_blank">attorney profile</a> Sheppard Mullin French Desk: <a href="http://www.sheppardfrenchdesk.com" rel="nofollow" target="_blank">www.sheppardfrenchdesk.com</a> Co-Chair - <a href="https://www.sheppardmullin.com/vdemont" rel="noopener nofollow" target="_blank">Valérie Demont</a> Co-Chair: Christine Hoefliger Hourcade - <a href="mailto:CHoefliger@sheppardmullin.com">CHoefliger@sheppardmullin.com</a> Thank you for listening! Don’t forget to FOLLOW to the show to receive every new episode delivered straight to your podcast player. If you enjoyed this episode, please help us get the word out about this podcast. You can listen in <a href="https://podcasts.apple.com/us/podcast/sheppard-mullins-french-insider/id1569447225" rel="nofollow" target="_blank"> Apple Podcasts</a>, <a href="https://music.amazon.com/podcasts/3e40a9a7-0737-420b-8cda-bf711b728916/Sheppard-Mullins-French-Insider" rel="nofollow" target="_blank"> Amazon Music</a>, <a href="https://www.stitcher.com/s?fid=634587" rel="nofollow" target="_blank">Stitcher Radio</a>, <a href="https://podcasts.google.com/feed/aHR0cHM6Ly9mcmVuY2hpbnNpZGVyLmxpYnN5bi5jb20vcnNz" rel="nofollow" target="_blank"> Google Podcasts</a>, or <a href="https://open.spotify.com/show/358Wpcvr1W3xU1fwpvbke1?si=QtnpDYPiTZuaG_ozF0GExw" rel="nofollow" target="_blank"> Spotify</a>. Be sure to connect with us and reach out with any questions/concerns: <a href="https://www.linkedin.com/company/sheppard-mullin-richter-&amp;-hampton-llp" rel="nofollow" target="_blank"> LinkedIn</a> <a href="https://www.facebook.com/SheppardMullin" rel="nofollow" target="_blank">Facebook</a> <a href="https://twitter.com/SheppardMullin" rel="nofollow" target="_blank">Twitter </a> <a href="https://www.sheppardfrenchdesk.com/" rel="nofollow" target="_blank">Sheppard Mullin French Desk website</a> This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Understanding a Company’s Sales and Use Tax Liabilities in the U.S. with Justin Hepworth [FI 005]

Many companies do business in multiple states in the U.S. What they might not be aware of is that tax regulations in each state might mandate them to collect and pay sales and use tax for transactions in those states. This is true even if the company does not have a physical presence in that state. In this episode, we’re taking a look at the specific laws that every business owner should know in order to remain compliant with state tax regulations. Joining me for this insightful conversation is tax expert and attorney, Justin Hepworth. Justin is a partner in the Tax and Estate Planning Practice Group in Sheppard Mullin’s Orange County office. His practice encompasses a broad range of state and local tax matters, from planning, compliance, and transactional matters to controversy matters in audit and through litigation. Justin regularly advises clients on state and local tax implications of restructurings, mergers, acquisitions, spinoffs, and asset sales. He advises on audit defense, voluntary disclosure, unclaimed property (escheat law), and other controversy and compliance matters. He has extensive experience handling a broad range of multistate issues, including nexus, sales and use tax exemptions, sourcing and characterization, research and development credits, unitary business matters, California Prop. 13 change in ownership issues, and residency planning and audits. What We Discussed in This Episode:  What is the significance of the 2018 Supreme Court case of South Dakota v. Wayfair, Inc.? What is the “physical presence” test and how was it challenged by the South Dakota case? How does a Court have authority to decide cases under the Commerce Clause? What is “economic nexus” and how does it apply to companies in today’s economy? Do state sales and use taxes only apply to the sale of physical goods in a state? What about foreign companies doing business in the U.S.? Do they have to pay sales taxes in every U.S. state they do business in? How do sales and use taxes affect mergers and acquisitions? What are “marketplace facilitator laws”? Is there an exodus from California?  Resources Mentioned: South Dakota v. Wayfair, Inc. (2018) Contact Information: Justin’s Sheppard Mullin attorney profile  Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in  Apple Podcasts,  Amazon Music,  Stitcher Radio,  Google Podcasts, or Spotify.  It helps other listeners find this show. Be sure to connect with us and reach out with any questions/concerns:  LinkedIn Facebook Twitter   Sheppard Mullin website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Many companies do business in multiple states in the U.S. What they might not be aware of is that tax regulations in each state might mandate them to collect and pay sales and use tax for transactions in those states. This is true even if the company does not have a physical presence in that state. In this episode, we’re taking a look at the specific laws that every business owner should know in order to remain compliant with state tax regulations. Joining me for this insightful conversation is tax expert and attorney, Justin Hepworth. Justin is a partner in the Tax and Estate Planning Practice Group in Sheppard Mullin’s Orange County office. His practice encompasses a broad range of state and local tax matters, from planning, compliance, and transactional matters to controversy matters in audit and through litigation. Justin regularly advises clients on state and local tax implications of restructurings, mergers, acquisitions, spinoffs, and asset sales. He advises on audit defense, voluntary disclosure, unclaimed property (escheat law), and other controversy and compliance matters. He has extensive experience handling a broad range of multistate issues, including nexus, sales and use tax exemptions, sourcing and characterization, research and development credits, unitary business matters, California Prop. 13 change in ownership issues, and residency planning and audits. What We Discussed in This Episode: <ul> <li>What is the significance of the 2018 Supreme Court case of South Dakota v. Wayfair, Inc.?</li> <li>What is the “physical presence” test and how was it challenged by the South Dakota case?</li> <li>How does a Court have authority to decide cases under the Commerce Clause?</li> <li>What is “economic nexus” and how does it apply to companies in today’s economy?</li> <li>Do state sales and use taxes only apply to the sale of physical goods in a state?</li> <li>What about foreign companies doing business in the U.S.? Do they have to pay sales taxes in every U.S. state they do business in?</li> <li>How do sales and use taxes affect mergers and acquisitions?</li> <li>What are “marketplace facilitator laws”?</li> <li>Is there an exodus from California?</li> </ul> Resources Mentioned: <a href="https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf" rel="noopener nofollow" target="_blank">South Dakota v. Wayfair, Inc. (2018)</a> Contact Information: Justin’s Sheppard Mullin <a href="https://www.sheppardmullin.com/jhepworth" rel="noopener nofollow" target="_blank">attorney profile</a> Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in <a href="https://itunes.apple.com/us/podcast/sheppard-mullins-nota-bene/id1434557969" rel="nofollow" target="_blank"> Apple Podcasts</a>, <a href="https://music.amazon.com/podcasts/5cec73b1-7b61-4ef6-88d4-fad77d100764/Sheppard-Mullins-Nota-Bene" rel="nofollow" target="_blank"> Amazon Music</a>, <a href="https://www.stitcher.com/podcast/sheppard-mullins-nota-bene?refid=stpr" rel="nofollow" target="_blank"> Stitcher Radio</a>, <a href="https://podcasts.google.com/feed/aHR0cHM6Ly9zaGVwcGFyZG5vdGFiZW5lLmxpYnN5bi5jb20vcnNz" rel="nofollow" target="_blank"> Google Podcasts</a>, or Spotify.  It helps other listeners find this show. Be sure to connect with us and reach out with any questions/concerns: <a href="https://www.linkedin.com/company/sheppard-mullin-richter-&amp;-hampton-llp" rel="nofollow" target="_blank"> LinkedIn</a> <a href="https://www.facebook.com/SheppardMullin" rel="nofollow" target="_blank">Facebook</a> <a href="https://twitter.com/SheppardMullin" rel="nofollow" target="_blank">Twitter </a> <a href="https://www.sheppardmullin.com/publications-podcasts.html" rel="nofollow" target="_blank"> Sheppard Mullin website</a> This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.

Sales Tax by State: What It Means for Your Business with Justin Hepworth [NB 126]