Market Based Sourcing: Where is the Ultimate Benefit Received?

Price: $0 OnDemand

Wayne Berkowitz
Partner, Berdon LLP
Terence Avella
Principal, State and Local Tax Group, Berdon LLP
Jesse Cohen
Senior Tax Associate, Berdon LLP


This is a complimentary program sponsored by Berdon LLP. 


Advances in technology continue to change the business landscape making the tax treatment of service revenue more complex than ever.  This shift has resulted in more states requiring the use of a market-based sourcing approach, which sources sales of services to the state where the customer receives the benefit, versus a cost of performance approach, which sources sales of services to the state where the service is performed.

The specific rules for market-based sourcing can vary widely from state to state and, within a particular state, may vary by industry.  This program will help tax executives navigate through the complexities of market based sourcing to help ensure compliance.

Educational Objectives:
• Understand how you can navigate through the complexities of market based sourcing to help ensure compliance
• Know the rules, proposed rules, and regulations within key states – and variations by industry
• Understand the shift from cost of performance to market-based sourcing and the relative advantages and disadvantages

Who would benefit most from attending this program?
Chief Tax Officers, Tax Directors, Executive VPs of Tax, VPs of Tax, Tax Managers, and Chief Financial Officers

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Wayne Berkowitz, is a partner in Berdon LLP's tax department, heads the firm’s State and Local Tax Group, advising on the unique requirements of governments and municipalities across the nation.  Mr. Berkowitz joined Berdon in 1995 after serving with a Big Four firm.

Dealing with the ever-increasing complexity of state and local tax requirements, Mr. Berkowitz is a recognized expert in this challenging area.  He advises a wide range of clients in an array of industries — including real estate, advertising, manufacturing, and professional services — planning their tax strategies, assisting them in resolving controversies, and representing them in tax audits.  As the firm’s leader in directing state and local tax projects, Mr. Berkowitz monitors tax law in multiple states to anticipate and prepare for changes to ensure compliance and identify money saving opportunities.  He shares his findings with Berdon professionals throughout the firm to alert clients to issues that can impact them.

Mr. Berkowitz serves on a number of state accounting society and bar association committees. In this capacity, he is influential in state and local tax reform; analyzes the impact of new and proposed laws; and has helped develop ideas for new legislation.  He has served on the New York City Commissioner’s Advisory Panel and has been a member of the state advisory panel.

Frequently quoted in the media, Mr. Berkowitz’s insights have appeared in Crain’s New York Business, Bloomberg.com, The Wall Street Journal, Forbes.com, Reuters, Dow Jones Newswire, Accounting Today, and Daily Tax Report, among others.  He writes the Berdon blog SALT Talk.


Terence Avella,is a principal in the State and Local Tax Group of Berdon LLP, brings more than 15 years of combined experience in the accounting profession and private sector.  Mr. Avella has advised client management teams on a wide array of federal, state, and local tax matters including all phases of planning, compliance, and provision.  He has also performed extensive legal research and written draft memoranda of law on various matters.

Mr. Avella's experience encompasses areas that include: Income and franchise tax consulting, sales and use tax advisory, tax recovery services, mergers and acquisitions and other transactions tax advice, tax accrual and provision compliance, tax modeling, nexus issues including sourcing of income and apportionment, credits and incentives consulting, audit defense, and voluntary disclosure consulting.

Mr. Avella has written on tax incentives for Lower Manhattan for the Journal of Multistate Taxation and Incentives. He graduated from the University of Scranton with a Bachelor of Arts in Accounting, and received a Juris Doctor degree and a Master of Business Administration degree in Finance from Hofstra University. Mr. Avella earned his Master of Laws in Taxation from New York University School of Law. He has been admitted to the bar in New York State and can practice before the US Tax Court and the US District Court, Eastern and Southern Districts.


Jesse Cohen is a senior tax associate at Berdon LLP in New York City, having previously served as a law clerk at MetLife.  Jesse earned a Bachelor of Science in Business Administration & Finance, a J.D. from the Benjamin Cardozo School of Law at Yeshiva University, and an LLM in Taxation from the New York University School of Law.