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Taxation of Internet Sales and Access: Legal Issues

Description: This report first looks at the Constitution's requirement of nexus, including an examination of whether recent state laws comply with the nexus standard and federal legislation that would affect the standard. It then looks at the scope of the Internet Tax Freedom Act (ITFA) moratorium on multiple or discriminatory taxes on electronic commerce and taxes on Internet access.
Date: December 1, 2014
Creator: Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Federal Taxation of Aliens Working in the United States

Description: This report outlines issues regarding the taxation of aliens since several pieces of current legislation have been introduced that would impose restrictions for claiming child tax credits or for claiming credits and refunds. The report includes an overview of immigration status, resident or nonresident aliens, taxation of income for various classifications, and Social Security and medicare taxes.
Date: May 18, 2012
Creator: Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Corporate Inversions: Frequently Asked Legal Questions

Description: This report answers frequently-asked legal questions about corporate inversions. It answers questions relating to the scope and operation of Section 7874, including how key statutory terms have been interpreted by the Internal Revenue Service (IRS). It discusses important Department of Treasury regulations that were finalized in 2015 and 2016, and answers questions about the IRS's authority to issue these regulations. Other questions that are answered relate to legislation introduced in the 114th Congress, the interaction of Section 7874 with tax treaties, and the imposition of an excise tax on corporate insiders who benefit from an inversion.
Date: September 7, 2016
Creator: Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Treatment of Noncitizens Under the Affordable Care Act

Description: This report provides information regarding the treatment of noncitizens under the Patient Protection and Affordable Care Act (ACA) including definitions of "lawfully present," the health insurance mandate, exchanges, and ACA changes to Medicaid. It also discusses the verification of alien status under the ACA and related legislation in the 113th Congress.
Date: May 21, 2014
Creator: Siskin, Alison & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Treatment of Noncitizens in H.R. 3200

Description: This report outlines the treatment of noncitizens under H.R. 3200, America's Affordable Health Choices Act of 2009. The report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the selected provisions.
Date: August 26, 2009
Creator: Siskin, Alison & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Treatment of Noncitizens in H.R. 3200

Description: This report outlines the treatment of noncitizens under H.R. 3200, America's Affordable Health Choices Act of 2009. The report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the selected provisions.
Date: August 25, 2009
Creator: Siskin, Alison & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

NFIB v. Sebelius: Constitutionality of the Individual Mandate

Description: Report that provides an overview of the Court's holding with respect to the individual mandate of the Patient Protection and Affordable Care Act (ACA) under the Commerce Clause and the Taxing Power. It also addresses possible implications of the decision on existing federal law and future legislation.
Date: September 3, 2012
Creator: Lunder, Erika K. & Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Internet Sales and State Taxes: Policy Issues

Description: This report discusses Internet sales, which do not always include sales and use tax. Customers who do not pay sales or use tax to the vendor are typically required to remit the tax to their home state.
Date: December 1, 2016
Creator: Lowry, Sean & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Reporting Foreign Financial Assets Under Titles 26 and 31: FATCA and FBAR

Description: This report outlines the U.S. reporting requirements for foreign assets and accounts under the Foreign Account Tax Compliance Act (FATCA) along with the reporting requirements of the Foreign Bank Account Reporting (FBAR) under the Bank Secrecy Act. It also addresses the requirements imposed on foreign financial institutions and the agreements the United States has with other countries to cooperate in information reporting.
Date: March 27, 2014
Creator: Lunder, Erika K. & Pettit, Carol A.
Partner: UNT Libraries Government Documents Department

"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

Description: As more purchases are made over the Internet, states are looking for new ways to collect taxes on online sales. There is a common misperception that the U.S. Constitution prohibits states from taxing Internet sales. This report discusses "Amazon laws", which try to capture uncollected taxes on Internet sales and yet still comply with the Constitution's requirements.
Date: November 28, 2014
Creator: Lunder, Erika K. & Pettit, Carol A.
Partner: UNT Libraries Government Documents Department

"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

Description: This report focuses on the ways in which the states' efforts to impose requirements on out-of-state retailers are limited by the Constitution. The report discusses recent state legislation as well as legislation introduced in the two most recent Congresses.
Date: April 3, 2013
Creator: Lunder, Erika K. & Pettit, Carol A.
Partner: UNT Libraries Government Documents Department

Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Description: This report provides the answers to 14 frequently asked questions regarding the current restrictions on contracting with inverted domestic corporations; certain amendments thereto proposed, but not enacted, in the 113th Congress; and the relationship between the prohibitions upon contracting with inverted domestic corporations and other provisions of law that restrict dealings with "foreign" contractors.
Date: February 6, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes

Description: This report provides an overview of the 2010 decennial census, and the Census Bureau that will attempt to count the total population of the United States. It discusses the possibility by some that have suggested excluding aliens, particularly those who are in the country unlawfully, from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them.
Date: January 20, 2010
Creator: Lee, Margaret Mikyung & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

501(c)(3) Hospitals and the Community Benefit Standard

Description: This report examines the standard under which hospitals qualify for tax-exempt charitable status under federal law, recent inquiries made by Congress and the IRS into whether hospitals are conducting sufficient activities to justify their exemption, and section 6007 of S. 1796.
Date: November 10, 2009
Creator: Lunder, Erika K. & Liu, Edward C.
Partner: UNT Libraries Government Documents Department

Government Procurement in Times of Fiscal Uncertainty

Description: When confronted with actual or potential funding gaps, funding shortfalls, or budget cuts, the federal government has a number of options as to prospective and existing procurement contracts. Many of these options arise from contract law and, in particular, certain standard clauses included in federal procurement contracts. Among other things, these clauses allow the government to (1) unilaterally change certain terms of the contract, such as the specifications or the method and manner of performing the work; (2) delay, suspend, or "stop work" on the contract; and (3) terminate the contract for the government's convenience. However, courts have also found that the government has certain rights because it is the government, regardless of whether the contract provides for these rights. Such rights are commonly described as "inherent rights," and include the right to terminate the contract for convenience and, according to one tribunal, the right to suspend work.
Date: April 6, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Description: Congress has generally broad authority to impose requirements upon the federal procurement process, or the process whereby agencies obtain goods and services from the private sector. One of the many ways in which Congress has exercised this authority is by enacting measures intended to promote contracting and subcontracting with "small businesses" by federal agencies.
Date: March 7, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

“Amazon” Laws and Taxation of Internet Sales: Constitutional Analysis

Description: This report covers ways in which states are attempting to capture taxes on Internet sales. Two basic approaches include imposing tax collection responsibilities on the retailer, and requiring remote sellers to provide tax information to the state and/or it's customers. This report covers the legality of both options.
Date: July 26, 2012
Creator: Lunder, Erika K. & Luckey, John R.
Partner: UNT Libraries Government Documents Department

Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Description: Recent reports that certain entities continued to receive federal government contracts after reincorporating overseas have prompted questions about current and proposed restrictions on contracting with “inverted domestic corporations.” These questions are shaped, in part, by the broader debate over whether such corporations are to be seen as “deserters,” who change their corporate citizenship to avoid paying U.S. taxes, or as evidencing systemic problems in the U.S. tax code. This report provides the answers to 14 frequently asked questions regarding the current restrictions on contracting with inverted domestic corporations, proposed amendments thereto, and the relationship between prohibitions upon contracting with inverted domestic corporations and other provisions of law that restrict dealings with “foreign” contractors.
Date: May 11, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Description: This report provides an overview of the various legal authorities governing small business contracting and subcontracting, as well as the relationship between them. It also explains the roles of the Small Business Administration (SBA), procuring activities, Office of Hearings and Appeals (OHA), Government Accountability Office (GAO), and other tribunals in implementing and construing the law governing federal contracting and subcontracting with small businesses.
Date: February 23, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department