Friday, October 29, 2010

Sales and Use Tax Links

Metal, Lock and ChainArizona Krispy Kreme Loses Sales Tax Lawsuit  sabrix.com
They tried to get the donuts to be treated as non-taxable sales, just like those sold from a grocery store. Except that they're not a grocery store.

California Ready To Tax "Recreational Marijuana Use sabrix.com
Well, that's one way to help with the budget deficit.

New State Business Tax Climate Index Tax Foundation
South Dakota is the nicest. And the worst? This may come as a surprise, but NY, NJ and CA don't fare so well. I'd retire to SD, but, dang it's cold up there!

Pay No Sales Tax on Solar Power in MA and CT! brightstarsolar.net
It's a sales pitch for solar, and beware of relying on this when making your decisions about solar power, but worth a look if you're considering this.

Medical Device Companies and Sales Tax: What's the Risk? bakertilly.com
This article highlights that it's different in every state and if you sell stuff outside of your state, you need to make sure you know how it's taxed where you're selling it.  The article doesn't mention that you only care about the rules in other states if you have nexus, however.

Sales and Use Tax Becomes Increasingly Challenging for Companies [Outsourcing] cpa2biz.com
First of all, skip to the "risk and rewards" section unless you need lots of filler on background.  But the list is pretty good.  If you're thinking about outsourcing your SUT processing, this list is a very useful tool to find the right vendor.  Let me put it this way: the vendors really don't want you to read this.

The Strangest Taxes and Deductions by U.S. State gobankingrates.com
The author lists a several interesting taxes, some of which aren't technically sales and use taxes. And many of them, while sounding silly, are pretty common (like the flour in candy rule). And I love her last line, "This is a pretty exhaustive catalog of taxation oddities, but there are many states we haven't covered." Uh, if there are many states you haven't covered, than it's NOT pretty exhaustive. I hate to be picky, but there you go. Anyway, you'll enjoy some of the odder ones, like the playing card tax in Alabama.

S.C. levies tax on services thesunnews.com
They do it weird in SC  In the vast majority of states, when repair labor isn't taxable, service contracts aren't either.  And when repair labor is taxable, then the service contracts are taxable.  But in SC it's worked out to be just the opposite.  Repair labor isn't taxable.  But "service maintenance contracts" are taxable.  The politicians passed the law to collect taxes that are collected when these contracts are sold by appliance vendors.  But the dopey politicians didn't think it through and get the wording right.  So now, if you provide a contract service of watering plants, you're providing a taxable service.  And it sounds like an over-zealous tax department could extend the interpretation to most service activities, since they all really do involve "service," "maintenance," and "contracts."  Foolish politicians.  Does anybody think about this stuff?  Oh, that's right.  They don't.

Voluntary Disclosure or Tax Amnesty? bnatax.com speedtax.com
Two good articles discussing the two different types of programs.

And Amazon deserves their own section this time

Texas hit's 'em wsj.com
You see, they've got this warehouse near Dallas. They've got some corporate entity sheltering going on, but Texas has finally said, "wait a minute."

Texas Sends Amazon a $269 Million Sales Tax Bill dailyfinance.com

Amazon wins one round, but battles continue over taxing online sales seattletimes.nwsource.com
The decision wasn't a complete victory for the Big A. It was more about privacy rights than tax issues.

How North Carolina Overreached in Its Sales Tax Battle With Amazon dailyfinance.com



The Sales Tax Guy
http://salestaxguy.blogspot.com

See the disclaimer - this is for education only.  Research these issues thoroughly before making decisions.  Remember: there are details we haven't discussed, and every state is different.  Here's more information

Get these articles in your inbox - subscribe at http://salestaxguy.blogspot.com

Don't forget our upcoming seminars and webinars.
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Picture note: the image above is hosted on Flickr. If you'd like to see more, click on the photo. 

Wednesday, October 27, 2010

Paperwork. There's no excuse.

Paperweight

As I've been perusing the news, one particular problem, which is eminently solvable, keeps coming up.  So let me just say now: make sure you know what the paperwork requirements are, that you fill out the proper forms, and that you do things ON TIME!

Three examples:

Numerous sales and use tax appeals are lost because the businesses who suffered the assessments didn't file the necessary notices on time.  Come on!  And don't rely on the auditor to tell you what your deadlines are.  I've seen at least one situation where the auditor gave incorrect information about the appeals process.  When the taxpayer used that as an excuse, the courts basically said, "tough."  Independently verify what you need to file and when you need to file it.

Enterprise zones, opportunity zones, etc. give nice sales and use tax exemptions, usually for businesses located in economically distressed areas.  But there's paperwork and approvals that you must fill out and file.

And the classic example of paperwork that most of you are failing to get - exemption certificates.  Get them.  Remember that some states don't have to give you any time to get them when the auditor shows up.  And you won't be able to get them from some of your customers when you ask.  So get them now!




The Sales Tax Guy
http://salestaxguy.blogspot.com

See the disclaimer - this is for education only.  Research these issues thoroughly before making decisions.  Remember: there are details we haven't discussed, and every state is different.  Here's more information

Get these articles in your inbox - subscribe at http://salestaxguy.blogspot.com

Don't forget our upcoming seminars and webinars.
http://www.salestax-usetax.com/
Picture note: the image above is hosted on Flickr. If you'd like to see more, click on the photo.