In 1967 and again in 1992 the Supreme Court said a physical presence was required for retailers to be required to collect and remit sales tax. These two cases (National Bellas Hess, Inc. v. Department of Revenue of Ill., 386 U.S. 753 and Quill Corp. v. North Dakota, 504 U.S. 298) have now been overturned in a 5-4 verdict with what the Supreme Court says were "incorrect interpretation[s] of the Commerce Clause."
Without the physical presence requirement, states can now claim nexus for sales and use tax purposes, and sellers will have to deal with tax requirements at buyer locations. Meals and entertainment expenses have a long history in business. They have been used to strengthen business relationships with colleagues, peers, and existing or potential clients. The deductions allowed have varied depending on the type of expenditure.
Under the new Tax Cuts & Jobs Act the amounts of deductions allowed have been updated effective January 1, 2018. Following is a quick analysis of the old and new rules. |
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