Exam 23: State and Local Taxes

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In recent years, states are weighting the sales factor because it is easier to calculate.

(True/False)
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Which of the following is not a general rule for allocating nonbusiness income?

(Multiple Choice)
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Mighty Manny, Incorporated manufactures and services deli machinery and distributes them across the United States. Mighty Manny is incorporated and headquartered in New Jersey. It has sales and use tax nexus in Connecticut, New Jersey, New York, Pennsylvania, Rhode Island, and South Carolina. Mighty Manny has sales as follows: Mighty Manny's Sales State Goods Services Total Connecticut \ 359,294 \ 39,201 \ 398,495 New Jersey 1,304,292 382,984 1,687,276 New York 929,402 325,327 1,254,729 Pennsylvania 320,481 93,203 413,684 Rhode Island 85,419 0 85,419 South Carolina Totals \ 3,051,315 \ 840,715 \ 3,892,030 Assume the following sales tax rates: Connecticut (6.75 percent), New Jersey (7.5 percent), New York (8.5 percent), Pennsylvania (6.5 percent), Rhode Island (7.25 percent), and South Carolina (5.5 percent). Assume that Connecticut also taxes Mighty Manny's services. What is Mighty Manny's total sales and use tax liability?

(Short Answer)
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Which of the following is true regarding state and local taxes?

(Multiple Choice)
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Business income includes all income earned in the ordinary course of business.

(True/False)
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The Mobil decision identified three factors to determine whether a group of companies are unitary.

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Gordon operates the Tennis Pro Shop in Blacksburg, Virginia. Tennis Pro sells, manufacturers, and customizes tennis racquets for serious amateurs. Tennis Pro's business has expanded significantly over the last few years. Currently, it has sales personnel in 10 states (Virginia, North Carolina, South Carolina, Georgia, Tennessee, Kentucky, Ohio, Maryland, District of Columbia, New Jersey). All in state activity is limited to solicitation. Orders are taken by the sales team and forwarded to Blacksburg for approval. All orders are sent by common carrier to customers. Tennis Pro owns retail and warehouse space in Virginia and has another warehouse in Kentucky. Is Tennis Pro subject to Ohio's Commercial Activity Tax?

(Short Answer)
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Giving samples and promotional materials without charge is a protected solicitation activity.

(True/False)
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Gordon operates the Tennis Pro Shop in Blacksburg, Virginia. Tennis Pro has payroll as follows: Tennis Pro's Payroll: State Pavroll DC \ 45,500 Georgia \ 80,000 Veorgia \ 250,000 Other Totals \ 465,500 The other total includes $10,000 of salary of a Virginia employee that works part time in another state. What is Tennis Pro's Virginia payroll numerator and payroll factor?

(Short Answer)
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Tennis Pro has the following sales, payroll and property factors: Virginia Maryland Sales 40\% 20\% Payroll 70\% 5\% Property 90\% 5\% What would Tennis Pro's Virginia and Maryland apportionment factors be if Virginia used a double-weighted sales four factor method and Maryland used a single-factor sales formula?

(Short Answer)
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Several states are now asserting economic nexus.

(True/False)
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Which of the items is correct regarding a use tax?

(Multiple Choice)
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Super Sadie, Incorporated manufactures sandals and distributes them across the southwestern United States. Assume that Super Sadie has sales and use tax nexus in Arizona, California, Colorado, New Mexico, and Texas. Super Sadie has sales as follows: Super Sadie Sales State Arizona \ 583,194 California 1,003,923 Colorado 487,204 New Mexico 201,932 Oregon 502,940 Texas 892,048 Utah Totals \ 3,973,350 Assume the following sales tax rates: Arizona (6 percent), California (8 percent), Colorado (7 percent), New Mexico (6.5 percent), Oregon (7.25 percent), Texas (8 percent), and Utah (5 percent). What is Super Sadie's total sales and use tax liability?

(Short Answer)
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Public Law 86-272 protects only companies selling tangible personal property.

(True/False)
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Historically, most states used an equally weighted three-factor apportionment formula.

(True/False)
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Public Law 86-272 protects a taxpayer from which of the following taxes?

(Multiple Choice)
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Businesses engaged in interstate commerce are subject to tax in every state where they operate.

(True/False)
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