SALTQuarterlyDec2024
SALTQuarterlyDec2024
SALTQuarterlyDec2024
webcast series
A focus on state tax matters
December 4, 2024
Disclaimer
EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global
Limited, each of which is a separate legal entity. Ernst & Young LLP is a client-serving member firm of Ernst & Young
Global Limited operating in the US.
This presentation is © 2024 Ernst & Young LLP. All rights reserved. No part of this document may be reproduced,
transmitted or otherwise distributed in any form or by any means, electronic or mechanical, including by
photocopying, facsimile transmission, recording, rekeying, or using any information storage and retrieval system,
without written permission from Ernst & Young LLP. Any reproduction, transmission or distribution of this form or
any of the material herein is prohibited and is in violation of US and international law. Ernst & Young LLP expressly
disclaims any liability in connection with use of this presentation or its contents by any third party.
Views expressed in this presentation are those of the speakers and do not necessarily represent the views of Ernst &
Young LLP.
This presentation is provided solely for the purpose of enhancing knowledge on tax matters. It does not provide
accounting, tax, or other professional advice because it does not take into account any specific taxpayer’s facts and
circumstances. Furthermore, all structures and transactions depicted are for discussion purposes only. Consult your
tax advisor regarding your specific facts and circumstances.
Neither EY nor any member firm thereof shall bear any responsibility whatsoever for the content, accuracy, or
security of any third-party websites that are linked (by way of hyperlink or otherwise) in this presentation.
Transcription and closed captioning are generated by third-party AI software and may inadvertently include
grammatical, syntax and other interpretive errors. Please disregard these errors.
Page 2 │ Domestic tax quarterly webcast series: a focus on state tax matters
CPE eligibility
Page 3 │ Domestic tax quarterly webcast series: a focus on state tax matters
Course description and learning objectives
Course description:
In this webcast, panelists will discuss how changing state policies can shift the characterization of what is
being sold for sales-and-use-tax purposes, as well as sales-and-use-tax audit trends and leading practices
around this critical determination. They will also describe the practical uses of artificial intelligence (AI) in
the state and local tax world, identify state and local tax policy trends from 2024 and provide an update on
the current state of the states.
Learning objectives:
1. Discuss the importance of knowing what you are selling for sales and use tax purposes
2. Describe practical uses of Generative AI (GenAI) in the world of state and local tax
3. Discuss the current state of the states
4. Describe key changes of Louisiana tax reform
5. Identify key state and local tax trends from 2024 and tax policy considerations going into 2025
Page 4 │ Domestic tax quarterly webcast series: a focus on state tax matters
Today’s moderator
Breen Schiller
Ernst & Young LLP
Chicago, IL
Page 5 │ Domestic tax quarterly webcast series: a focus on state tax matters
Agenda
01 Knowing what you are selling
Page 6 │ Domestic tax quarterly webcast series: a focus on state tax matters
Today’s speakers
Page 7 │ Domestic tax quarterly webcast series: a focus on state tax matters
Today’s speakers
Page 8 │ Domestic tax quarterly webcast series: a focus on state tax matters
Polling question
A I strongly agree
Q We sell
straightforward B I somewhat agree
products and services
and have no
C I strongly disagree
challenges with taxing
authorities as to the
D Does not apply (EY, faculty, other)
categorization of our
revenue streams.
Page 9 │ Domestic tax quarterly webcast series: a focus on state tax matters
01 Knowing what you are selling
Page 10 │ Domestic tax quarterly webcast series: a focus on state tax matters
Trends to broaden the tax base
States are continuing to reevaluate the application of their tax laws to emerging business models.
States are expanding the tax base through:
Legislation
Administrative actions
Application of positions through field audits
Page 11 │ Domestic tax quarterly webcast series: a focus on state tax matters
State approaches to taxation of emerging technology
Page 12 │ Domestic tax quarterly webcast series: a focus on state tax matters
State approaches to taxation of emerging technology
Page 13 │ Domestic tax quarterly webcast series: a focus on state tax matters
Why are these trends important?
• *Tax engine = sales tax software that makes taxability decisions to help determine which items are taxable and the applicable tax rates.
Page 14 │ Domestic tax quarterly webcast series: a focus on state tax matters
Knowing what you are selling
Historically, sales and use taxes have applied to sales of tangible personal property and
specifically enumerated services. States have been, and will continue to be, forced to address
the application of their laws to a broad range of digital goods and services such as:
Additional considerations
Page 15 │ Domestic tax quarterly webcast series: a focus on state tax matters
Polling question
A Sales of service
Q How do states
categorize the sales of B A license of software
LLMs for purposes of
sales and use taxes?
C Tangible personal property
D It depends
Page 16 │ Domestic tax quarterly webcast series: a focus on state tax matters
Impacts of bundling
This policy shift in determining if a service is taxable data processing has the
potential to vastly expand the scope of what is taxable.
Page 18 │ Domestic tax quarterly webcast series: a focus on state tax matters
What do I do from here?
How to determine what you are selling and the proper classification
Review the agreement between seller and purchaser
Understand what is being sold/what rights are being transferred
Understand the functionality of the product offering
Determine if there are multiple components, and if so, understand how they work together
Assess how the organization’s invoices describe its products and services
Evaluate how the goods and services are being described in marketing materials
Determine the correct sourcing for the transaction
Review the state definitions and analyze the category into which the product/service falls
Page 19 │ Domestic tax quarterly webcast series: a focus on state tax matters
02 Practical uses of GenAI
Page 20 │ Domestic tax quarterly webcast series: a focus on state tax matters
Polling question
A Completely new to it
Q Which of these best
describes your B
Somewhat familiar – I know what it is but have limited
experience with and hands-on experience
understanding of AI?
C Significant knowledge and experience
Page 21 │ Domestic tax quarterly webcast series: a focus on state tax matters
Which of these best describes your experience with and understanding of
AI?
Source: Poll results from the first-, second- and third-quarter EY domestic tax quarterly webcast series
Page 22 │ Domestic tax quarterly webcast series: a focus on state tax matters
Do you believe GenAI will help drive increased effectiveness and efficiencies
within your tax function in the next three years?
2023 2024
85% Yes
87%
Page 23 │ Domestic tax quarterly webcast series: a focus on state tax matters
What is your most significant barrier to using GenAI within your tax
function?
Resistance from teams in adopting
Not a leadership priority
new technology and processes
Lack of accessible, high- Respondents are
Quality concerns or
accuracy of results 5%
4% quality, and reliable data anticipating a
18%
6% broad range of
Insufficient budget challenges
8%
10% 13%
Unclear return on Skilled talent to build, deploy,
investment (ROI) 12% maintain and govern
Note: The question was asked to respondents who are in the non-existent or exploratory maturity phases with GenAI.
Page 24 │ Domestic tax quarterly webcast series: a focus on state tax matters
How does the tax professional change with AI?
1 2 3
Tax Tax Tax
professionals professionals professionals
AI copilots as supervisors
of AI agents
Page 25 │ Domestic tax quarterly webcast series: a focus on state tax matters
AI agentic workflows: illustration
Multiple AI agents operate and communicate in pods with a managing agent with oversight by humans to semi-autonomously perform
complex tasks across the business process
Supervising tax Supervising tax
Tax professionals
professionals professionals
Humans in the loop
Oversight controls
Review and approve
Handoff Handoff
Manages communication
Manages platform application
programming interfaces (APIs)
Tracks time and status
Measures key performance
indicators (KPIs)
Managing agent Learn from experiences
Page 26 │ Domestic tax quarterly webcast series: a focus on state tax matters
Building block principles: multi-layer review controls
By combining curated digital “staff” and “managers,” a digital team can make use of low-cost and highly specialized LLMs for many
tasks, using the most complex and costly LLMs to review their work and provide feedback
Manager Manager Manager Manager Manager Manager Manager Manager Manager Manager
Human
Senior Senior Senior Senior Senior Senior Senior Senior Senior Senior Sophisticated LLM Agent(s)
Staff Staff Staff Staff Staff Staff Staff Staff Staff Staff
Building Block Agent(s)
Less than 100%
Human makes Agent services Human provides Agent prepares Agent provides first- Agent provides Human provides final
request request validation output level review second-level review review & approval
Standardized human-in-the-loop interaction with time tracking, ROI, and other KPIs captured throughout
Page 27 │ Domestic tax quarterly webcast series: a focus on state tax matters
AI factory: building AI agents at scale
Tax professionals’ input – AI factory – tax & tech Factory outputs – agents in
bring your tasks professionals build production
Page 28 │ Domestic tax quarterly webcast series: a focus on state tax matters
Polling question
A Extract information from documents
Q Which of the following
tasks would you use AI B Triage mailbox
to help with?
C Review, summarize and draft documents
Page 29 │ Domestic tax quarterly webcast series: a focus on state tax matters
Use case: digital teaming for invoice reviews
Opportunity
Automate the manual review process of sales-and-use-tax invoices using a team of agents to enhance accuracy and efficiency
GenAI impact
• Turnaround: What used to take days/weeks is now completed in minutes/hours
• Team size: What used to take up to 10-12 people over days is now handled by multiple automated agents supplemented by
human-in-the-loop review
To GenAI-enabled:
Extract Generate Manager agent Human-in-the-loop review
Client invoices Communicates with all Able to approve/decline
GenAI specialized agents perform the following tasks:
are identified specialized agents to changes suggested by AI,
1. Correct location details based on the invoice
by an automate the end-to- facilitating continuous
2. Determine the right taxability based on the type of product/software
automated end invoice review learning and improvement
purchased
agent. process.
3. Reverse taxability if the tax is already paid by the vendor
Page 30 │ Domestic tax quarterly webcast series: a focus on state tax matters
Tax workforce of the future: A partnership
Work reimagined between humans and AI
Augmented workforce:
Future tax departments will integrate AI agents Tax departments are evolving to leverage AI for
alongside human employees for enhanced routine, repetitive tasks, freeing up human
accuracy and efficiency. professionals for more strategic functions. This shift
What if the tax requires a new hiring mindset, focusing on individuals
Innovative hiring approaches:
Recruit professionals with skills in AI department workforce who can think creatively, adapt to AI-driven workflows,
and continuously innovate.
integration, data analytics, and strategic
thinking to collaborate effectively with
of the future blended During this transition:
intelligent systems human expertise and Humans and AI agents will work side-by-side in an
Continuous learning: AI agents to redefine iterative learning process, improving efficiency and
accuracy over time.
Implement training programs focused on AI
collaboration and developing forward-thinking
efficiency and
mindsets to adapt to evolving technology innovation? Successful teams will require a blend of technical
skills and soft skills, such as critical thinking and
adaptability.
Now Beyond
Technology powered
People executing
by data executing
processes presented
processes managed
with data powered by
by people governing
technology
Next workflows
Identify, unify and
manage data –
experiment with
process and
technology while
teaching and enabling
people
Page 32 │ Domestic tax quarterly webcast series: a focus on state tax matters
03 Louisiana tax reform
Page 33 │ Domestic tax quarterly webcast series: a focus on state tax matters
Louisiana tax reform: corporate income and franchise tax
HB 3 (sent to the governor on November 25, 2024) would repeal the franchise tax for tax periods
beginning on or after January 1, 2026.
HB 2 (sent to the governor on November 25, 2024), effective for tax periods beginning on or after
January 1, 2025, unless otherwise noted, would:
Reduce the corporate income tax rate to a flat 5.5% (from top 7.5% rate)
Create a $20,000 standard business deduction
Adopt permanent full expensing under IRC Section 168(k) and (e)(6) and Section 174 research and
experimental expenditures
Repeal the inventory tax credit for C corporations effective for tax periods beginning on or after July 1, 2026
Repeal refundability of the inventory tax credit for tax periods beginning on or after January 1, 2025
Carry forward unused inventory tax credit for an additional five years
Eliminate preferential apportionment treatment for companies with sales and inventory in foreign trade zones
Accelerate the sunset of, or immediately eliminate, numerous corporate income tax credits, including:
Angel investor Low-income housing LA quality jobs program Retention & Modernization Act
New markets Enterprise zone program Certain jobs tax credits investment credits
Solar energy Brownfields investor tax credit LA Community Development Financial Institution Act credits
The following tax credits would have been repealed under the original proposal but were retained in the final bill:
Motion picture tax credit* Research and development tax credit*
Historic rehabilitation tax credit* Digital media tax credit
Page 34 │ Domestic tax quarterly webcast series: a focus on state tax matters * Annual cap created or lowered
Louisiana tax reform: sales and use tax
Page 35 │ Domestic tax quarterly webcast series: a focus on state tax matters
Louisiana tax reform: other tax
Page 36 │ Domestic tax quarterly webcast series: a focus on state tax matters
04 State tax policy trends and
considerations
Page 37 │ Domestic tax quarterly webcast series: a focus on state tax matters
Polling question
A Increased revenue year over year
Q Where do you
anticipate state fiscal
conditions will be in B Decreased revenue year over year
2025?
C Flat revenue year over year
D Other
Page 38 │ Domestic tax quarterly webcast series: a focus on state tax matters
2024 state and local tax legislative scorecard: select developments
State responses to declining revenues Sales tax base expansion (e.g., digital, services)
Rate increases, surtaxes and fees Marketplace facilitators
Limitations on exemptions, deductions, vendor New York State corporate tax reform regs
compensation and use of credits (technically adopted December 27, 2023)
Continuing state tax relief San Francisco business tax reform (voter-approved
Reduced individual and corporate income tax rates ballot measure)
Targeted tax incentives (e.g., affordable housing, Oregon voters resounding rejection of Measure
childcare)
118, which would have imposed a new 3%
Special legislative sessions on tax reform (LA, NE) alternative minimum tax on certain corporations
U.S. Supreme Court rulings in Moore v. United Challenges to state’s adoption of MTC’s statement
States and Loper Bright Enterprises v. Raimondo on PL 86-272 protected and unprotected activities,
Foreign income (e.g., 80-20 companies (NM), which was revised to include certain internet
income inclusion, global intangible low-taxed activities
income, foreign-derived intangible income, IRC California’s adoption via a TAM invalidated
Section 965, worldwide combined reporting) New York’s adoption via a regulation being challenged
Page 40 │ Domestic tax quarterly webcast series: a focus on state tax matters
State legislative sessions: 2025 timing and carryover
Page 42 │ Domestic tax quarterly webcast series: a focus on state tax matters
2025 policy expectations
Drivers for 2025 Apportionment: sales factor, look through, industry-specific provisions,
litigation, MTC
Fiscal conditions and Sales tax base expansion: services, and business-to-business, digital
budget requirements products, MTC and National Conference of State Legislatures
Page 43 │ Domestic tax quarterly webcast series: a focus on state tax matters
One-minute recap
Thursday, December 5: Private Equity & Private Capital Quarterly Tax Update – Q4 2024
Monday, December 9: 2024 Asset management tax year-end webcast
Tuesday, December 10: 2024 employment tax year in review
Wednesday, December 11: Year-end US information reporting changes
Thursday, December 12: Preparing your operating model for potential trade shifts
Friday, December 13: Tax in a time of transition: legislative, economic, regulatory and IRS developments
Tuesday, December 17: Accounting for income taxes: a quarterly perspective
Wednesday, December 18: Sustainability Tax webcast series: circularity and tax function strategy
Thursday, December 19: How Q4 IFRS Tax Developments can impact tax accounting
Thursday, December 19: What audit committees need to know for 2025
Sign up to receive EY Tax Alerts through the EY Tax News Update: https://taxnews.ey.com/Register/Register.aspx
EY webcast managed and produced by Ernst & Young LLP’s Tax Technical Knowledge Services Group, Washington, DC: Lynn Fairfax | lynn.fairfax@ey.com and Barbara Kirchheimer | barbara.kirchheimer@ey.com
Page 45 │ Domestic tax quarterly webcast series: a focus on state tax matters
Thank you for participating
EY | Building a better working world EY refers to the global organization, and may refer to one or more, of
the member firms of Ernst & Young Global Limited, each of which is a
separate legal entity. Ernst & Young Global Limited, a UK company
limited by guarantee, does not provide services to clients. Information
EY is building a better working world by creating about how EY collects and uses personal data and a description of the
new value for clients, people, society and the rights individuals have under data protection legislation are available
via ey.com/privacy. EY member firms do not practice law where
planet, while building trust in capital markets. prohibited by local laws. For more information about our organization,
please visit ey.com.
Enabled by data, AI and advanced technology,
Ernst & Young LLP is a client-serving member firm of
EY teams help clients shape the future with Ernst & Young Global Limited operating in the US.
confidence and develop answers for the most
pressing issues of today and tomorrow. © 2024 Ernst & Young LLP.
All Rights Reserved.