Eric D. Carstens
Subscribe to Eric D. Carstens's PostsEric D. Carstens focuses his practice on state and local tax matters, assisting clients with state tax controversy, compliance and multistate planning across all states for a variety of tax types and unclaimed property. Eric engages in all forms of taxpayer advocacy, including litigation, legislative monitoring and audit defense. He works closely with several of the Firm's taxpayer coalitions focused on specific state tax policy issues such as the taxation of digital goods and services and unclaimed property. Read Eric D. Carstens' full bio.
MTC Offers 18 State Marketplace Seller Amnesty Initiative
By McDermott Will & Emery, Eric D. Carstens and Stephen P. Kranz on Aug 8, 2017
Posted In Incentives, Income Tax, Interest and Penalties, Nationwide Importance, Nexus, Sales Tax, Transaction Taxes
The Multistate Tax Commission (MTC) is moving quickly to implement a multistate amnesty program through its current National Nexus Program (NNP) for sellers making sales through marketplaces. The new MTC marketplace seller amnesty program is limited to remote sellers (3P sellers) that have nexus with a state solely as the result of: (1) having inventory...
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House Judiciary Subcommittee to Consider Sensenbrenner Bill Tomorrow
By McDermott Will & Emery, Eric D. Carstens and Stephen P. Kranz on Jul 24, 2017
Posted In Audits, Constitutional Issues, Income Tax, Local Tax, Nationwide Importance, Nexus, Sales Tax, Transaction Taxes
The No Regulation Without Representation Act of 2017 (NRWRA) is scheduled for a hearing before the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law on Tuesday, July 25 at 10:00 am EDT in 2141 Rayburn House Office Building. The bill was introduced by Congressman Jim Sensenbrenner (R-WI) last month with House Judiciary Chairman...
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Illinois Unclaimed Property Law Substantially Revised As Part of Revenue Package Supporting Illinois Budget
By Diann Smith and Eric D. Carstens on Jul 7, 2017
Posted In Illinois, Unclaimed Property
Yesterday the Illinois House of Representatives voted to override Governor Bruce Rauner’s veto of Senate Bill (SB) 9, the revenue bill supporting the State’s Fiscal Year (FY) 2017-2018 Budget. Just days before the vote, SB 9 was amended to include a revised version of the Illinois Unclaimed Property Bill (House Bill (HB) 2603) on which...
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Connecticut Will Make You Disclose Personal Customer Data!
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Jul 6, 2017
Posted In Connecticut, Constitutional Issues, Nationwide Importance, Nexus, North Carolina, Sales Tax
The Connecticut Department of Revenue Services (DRS) recently issued demand letters to many remote sellers requiring that they either: (a) provide electronic sales records for all individual sales shipped to a Connecticut address over the past three calendar years; or (b) register to collect and remit Connecticut sales and use tax. This action is consistent...
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BREAKING NEWS: Expanded “Physical Presence” Codification Bill Introduced in House
By McDermott Will & Emery, Eric D. Carstens and Stephen P. Kranz on Jun 13, 2017
Posted In Audits, Constitutional Issues, Nationwide Importance, Nexus, Sales Tax, Transaction Taxes
On, June 12, 2017, the No Regulation Without Representation Act of 2017 was introduced by Congressman Jim Sensenbrenner (R-WI) with House Judiciary Chairman Bob Goodlatte (R-VA) as one of seven original co-sponsors. As described in detail below, the scope and applicability of the “physical presence” requirement in the 2017 bill is significantly broader than the...
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Substitute Alert ‒ Delaware Technical Corrections Bill
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Jun 6, 2017
Posted In Audits, Delaware, Interest and Penalties, Unclaimed Property
Last Friday, the Delaware Senate released a substituted version of the bill (Senate Bill 79) introduced last month as a technical corrections bill to Senate Bill 13—the unclaimed property rewrite legislation enacted earlier this year. The Senate substitute differs from the introduced version of Senate Bill 79 as follows: It does not strike § 1147(a)—the provision...
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Illinois UP Bill Would Retroactively Require Reporting of Gift Cards and B2B Transactions
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Apr 25, 2017
Posted In Constitutional Issues, Illinois, Nationwide Importance, Unclaimed Property
Earlier this year, an unclaimed property rewrite bill (HB 2603) was introduced in the Illinois House that would require holders to retroactively report a number of property types currently exempt. The provision would require a retroactive period of 10 report years. Items that are currently exempt that would become reportable include gift cards and property...
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DC Council Introduces False Claims Expansion – Taxpayers Beware!
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Apr 24, 2017
Posted In District of Columbia, False Claims Act, Michigan, Nationwide Importance, Procedure
Last month, a bill (The False Claims Amendment Act of 2017, B22-0166) was introduced by District of Columbia Councilmember Mary Cheh that would allow tax-related false claims against large taxpayers. Co-sponsors of the bill include Chairman Jack Evans and Councilmember Anita Bonds. Specifically, the bill would amend the existing false claims statute to expressly authorize...
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Delaware Proposes Unclaimed Property Regulations – No April Fools
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Apr 7, 2017
Posted In Audits, Constitutional Issues, Delaware, Nationwide Importance, Procedure, Unclaimed Property
On Saturday, April 1, 2017, the Delaware Department of Finance (DOF) promulgated two regulations that would repeal all existing unclaimed property regulations and replace them with a single DOF regulation containing a revised Reporting and Examination Manual. The Secretary of State (SOS) also promulgated a regulation that outlines the method of estimation to be used...
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Unclaimed Property Gift Card Legislation to Watch
By Diann Smith, Eric D. Carstens and Stephen P. Kranz on Feb 7, 2017
Posted In New Hampshire, Oregon, Unclaimed Property
Most states are well off to the races with their 2017 legislative sessions and several states have gift card legislation pending that would impact unclaimed property holders. Oregon On January 9, 2017, a bill (SB 113) was introduced in the Senate that would create a new unclaimed property reporting obligation for gift cards, which would apply...
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