Wednesday, April 24, 2013

New Webinar Schedule Announced

Horror ShowWe have now published our webinar schedule through July!  See our complete schedule here!  In addition, watch this space closely.  We are going to be announcing one new webinar in the next week, and a few more in the next few months!  It's so exciting around here I can barely contain myself!  Nor can I stop using exclamation points!

Woo hoo!



The Sales Tax Guy

Wednesday, March 20, 2013

What do you mean, I can't stiff the state on sales tax by buying from Amazon.com???

One of the political columnists* I follow has recently tweeted about how he loves to buy from Amazon.com because he loves (paraphrasing) sticking it to the state for sales tax. While Amazon.com hasn't started charging tax in his current state, who knows?  This particular state has tried, just like California, Colorado and a few other states.

Legally you can't evade the sales tax by buying from Amazon.com or another out of state seller who doesn't charge sales tax.  Legally, you owe use tax instead.  See this golden rule.

Use tax was invented to plug loopholes in the law where sales tax didn't get collected. Essentially, the law works this way: if you have purchased something that should have been taxed, and it wasn't, then you owe use tax.

The best example is a book from Amazon. com. In most states, they won't charge you tax. But you're not off the hook. It should have been taxed, but Amazon.com didn't have to (that's another long story involving nexus). Therefore, you as the buyer must pay use tax  Unfortunately, the state doesn't have a good way to collect it.  They rely on the buyer to know the law and be willing to comply with the law.  And they're kinda ticked off about it.

They do give you the opportunity. In many states, there's a line on your state income tax return, usually near the bottom of the second page, where you're expected to put something in there. Most people don't. And states generally have a form for you to fill out to report your use taxes. This is probably one of the least downloaded forms the states have. If you feel a pang of guilt, and want to start filling it out, it often has a name like "consumer's use tax return." Look on the state's web page under forms.

Individuals simply don't get busted on this (very often).  Sometimes, states do have ways to find this information and it usually surprises the hell out of the buyer.  But most of the time, the state just throws up their hands and tries to figure out ways to require Amazon.com et al to collect that tax.  So far, disappointment has reigned.

But if you go around tweeting about the fact that you like to burn the state on their sales tax, eventually someone at the state revenue department may decide that a letter, if not an audit is in order. 

Businesses, who will get audited eventually, really need to worry about this. Because they will get audited and get caught.  Individuals?  Well, my job is to point the law out to you, and make you feel a little guilty.  Beyond that, you're on your own.

*I enjoy this guy, so I won't tell his name, or the state. Although I think the state knows by now.

[This is an update of an article I wrote in 2009.  I've spruced it up a little, but it was hard to improve on perfection.]




The Sales Tax Guy http://salestaxguy.blogspot.com
See the disclaimer on the right.
Don't forget our upcoming seminars and webinars. http://www.salestax-usetax.com and there's more sales tax news and links here http://salestaxnews.blogspot.com

Picture note: the image above is hosted on Flickr. If you'd like to see more, click on the photo.


Monday, February 25, 2013

Decision Tree for Exemption Certificates from Other States

Loading Zone  
This particular topic was covered four years ago.  But since I get questions related to number 3 so often, I thought it might be time to brush it off and add a few extra touches.

What are the seller's responsibilities are when they ship to another state?

Question 1: What state does the delivery occur?  This determines the state rules you follow.  If you ship from Alabama, but the buyer receives the goods in Rhode Island, then you need to check Rhode Island's rules.

Question 2: Is what you sell taxable in that particular state?  Now don't go making any assumptions based on what you're used to .  Remember, the rules can be completely different in the other state.  You need to make sure!  If you are certain that what you're selling isn't taxable there, then you can now stop, take a deep breathe, and relax. If, however, your sale is taxable there, then I'm afraid you'll have to proceed to question 3.

Question 3.  Do you have nexus in that state?  It's WAY more complicated than what you think.  It's not just a matter of having an office there.  There are some very surprising ways that you can have nexus in a state. If you have nexus, you need to get the exemption certificate.

 But if you're SURE you don't have nexus, you are finished.  You can stop.  Unless...
There are some folks that will get certificates anyway, even if they don't have nexus in the state.  They do this for three reasons:

a. It's easier to just establish a policy that the company will always get certificates if the sale is taxable.  Procedures often work better with less conditional statements.  This keeps it simple for the staff, although it's more work.

b. They may have made a mistake in determining their nexus in the state.  Or it could have been a judgement call.  It might be safer to get the certificates just in case the auditor decides against them.

c.  Things change.  The company might not have nexus today.  But all it takes is for marketing to assign a sales person to regularly visit the state and you suddenly have nexus.  So collecting the certificates now is a protection against any future whims by those people in the sales and marketing department.


The Sales Tax Guy 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.

Tuesday, November 20, 2012

Random Thoughts

"Go ahead, have a nice Thanksgiving.  Jerk."Every newspaper, every chamber of commerce, and every main street type organization, at some point in time, feels the need to editorialize about how horrible it is that Amazon.com and other online vendors are damaging the business of local retailers.  You see, in case you have spent the last decade under a rock, that there are a couple of clauses in the Constitution that prevent states from making out-of-state sellers collect tax.  Unless they have nexus, of course.  And, since it's just some journalist who has no clue what the real issues are, they usually get it wrong.

By the way, there was a study recently that pretty much said that making Amazon, et al, collect tax probably won't help that much.  

Have you ever noticed that you never see a proposal on a ballot for lowering the tax rate? Once those bastards have your money, they aren't going to give it back.  Just something to keep in mind the next time you vote for a rate increase.  There are no mulligans.  You'll never get it back.

I've noticed that there are a lot of reports of local jurisdictions and states reporting higher sales and use tax collections.  That's good, I suppose.  It either means that business is getting better.  Which would be nice.  Or it might mean that those tax increases are kicking in.  Which isn't so nice.  It all depends on your perspective.

Finally, at this time of year, states are reminding their citizens that they need to pay use tax on their online purchases.  C'mon!  Does anyone really think that's going to happen?

Happy Thanksgiving Everyone!  And if you bought your turkey over the internet, make sure you pay your use tax if you're in a state that taxes food. 




The Sales Tax Guy
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. 



Friday, November 09, 2012

Announcing a New Blog - All Sales Tax News - All the Time!!!

Blow! As mentioned last week, the last several months have been ... interesting.  We've had lots of webinars and seminars (thank you) a hospitalization (fear not, all OK), a car stolen (which is a hell of a story if you're interested), a vacation (I have pictures!),and a host of miscellaneous things.  But this blog has not enjoyed my attention.  I've been struggling to provide you with up-to-date content, but still fit the blog into my active lifestyle.  (trust me - it isn't that active).

I've found that there aren't many web sites that compile a large selection of links to sales tax news.  So I started one.  I've been doing it on the sly for a several weeks now and it's pretty much ready to announce.  So, please feel free to visit


This is, as near as I can tell, one of the only places on the web (that'll change) that will give you all of the sales and use news that's fit to blog, in one spot.  We pull from various online news publications, tax news services, Twitter, various SUT blogs as well as state sites.  This should give you a diverse range of daily information.  

This blog won't go away, but I'm not going to even attempt to maintain the pace that I had envisioned.  You should expect to see a couple of articles a month.  But you'll see the Sales Tax News blog updated daily (but not on weekends).

So I hope you enjoy it.  Thanks for sticking with us.




The Sales Tax Guy
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. 





Wednesday, October 31, 2012

The Day After Halloween

"I'm not dead yet!"

It felt like the alarm clock went off early today.  Halloween went way too long last night.  It was fine for a while - the usual little kids saying, “trick or treat.”  But it got annoying when the doorbell kept ringing after 9pm, the official citywide cutoff.  And it got a little more annoying when the later visitors looked bigger and scarier than the little kids.  I mean, some of these "kids" were over 6 feet.  And they had much more frightening masks than what the little ones were wearing.  And when they said, “trick or treat,” their voices sounded like they had all left puberty in the dust several years ago.  Frankly, the late comers made me glad I had that baseball bat in the corner behind the door - particularly since I almost ran out of candy.

Luckily I had bought a really big supply.  Amazon had a sale on Halloween candy so I got it really cheap and didn't even have to pay sales tax on it.  Yeah, I know I'm supposed to pay use tax when Amazon doesn’t charge sales tax, but really, come on.

I also had the brilliant idea of getting salt-water taffy.  I always eat way too much of the Halloween candy (I mean, it's sitting right there), but since I have more than my share of expensive dental work, I stay away from things like caramels, Jujubes and taffy.  But I figured the kids wouldn't care. 

I finally got to bed, only to be awakened a few times during the night by a pretty nasty storm that came up all of a sudden.  It still looked and sounded pretty much like the end of the world as I left my building and started my short walk to work.  I could have hit the snooze alarm and slept in a little, but I had a weird sense that I’d better get to work as soon as possible.

The storm was still crashing around me.  There were branches in the street, rain was pouring, mostly from the side, and cars were going through big puddles.  People where hurrying, huddled in their hats and coats.  Umbrellas were a waste of time in weather like this.  In fact, almost every trash barrel I passed had a couple of broken ones jammed into them.

Normally, my walk takes 10 minutes, but today it took almost half an hour.  I had to walk into the blowing wind, squint through the driving rain, hold on to my hat, try to avoid the splashing water from the cars, and keep looking behind me.  You see, after a few minutes, I got the feeling there was someone following me.  I couldn't hear anything unusual, what with the storm, but I definitely got the feeling that I was being watched.  So I kept turning around. 

Only once did I see someone who appeared to be following me.  He was a tall, erect figure wearing a black coat with a black derby.  He was on the other side of the street and he didn't stop when I turned.  In fact, it didn't seem like he cared whether or not I saw him or not.  The rain and wind were so heavy that I could only barely make him out.  Not wanting to get a closer look, I kept going.  It was weird though.  He wasn’t walking fast, or hunkered down like everyone else.  And how did he keep that hat on?  I kept looking back for another glimpse, but the weather was on his side.

Once I got to the office, the door was locked.  I was early, after all.  I tapped on the door for the security guard.  He wasn't there.  I didn't realize how nervous I was until that moment.  Here I had some guy following me, and that weird desire to get to work early was getting worse.   So I waited outside under the overhang - at least I wasn’t getting wet.  But I was working up a cold sweat, just from nerves.  I kept looking for the derby-guy, but he wasn't there.  I still couldn’t make out anything more than a few yards away.  And where WAS that damn security guard?  And why did it seem so important for me to get to work?

Finally, the door opened and, taking one more look for the derby-guy, I hurried inside past the guard.  I headed for the elevator.  Normally, I try to take the stairs, but they're kind of dark and I have seen enough movies to want to avoid them, since I seemed to have a stalker.  Plus the elevator would be faster, since I REALLY needed to get to my desk. 

Just as I had gotten onto the elevator, a hand reached in and stopped the doors from closing.  I whirled around, and uttered a squawk of fear and surprise! 

It was the guard.  "Sorry to startle you.  There was someone here about 15 minutes ago asking for you.  I said you hadn't come in yet.  He said something about being back.  I just thought you should know."

Catching my breath, I said "Thanks."  Then, thinking about my hat-wearing buddy, I asked, "Was he wearing a weird hat?"

"Yeah, now that you mention it, he was wearing one of those old style derby hats.  Not a trilby like the guys in marketing wear, but something out of the last century.  And he was really tall."

Uh, oh.  He had beaten me to work!  At the same time he had been out on the street following me to the office.  Oh, crap!  "Did you see what he looked like?"

"No, he had his collars pulled up so I really couldn't make anything out.  And he had sunglasses on, which, given the weather, was weird.”

"Listen, don't let that guy in.  If he shows up, call me.  But don't let him in.  If you have to, call the police."

"OK, but the police won't be much help.  They're running around dealing with the storm, plus there was a weird guy trick-or-treating last night and they're trying to find him."

"Tell the police this guy might be the one they're looking for."

I went up to my office, unlocked the door and let myself in.  I pulled off my coat and sat in my chair - relieved.  Except that it occurred to me that there wouldn't be anyone in for at least another hour.   So I closed the door and locked it.  And I pulled a chair up against it and wedged it under the doorknob.  I don’t know if I did it right, but it looked like what they do in the movies, so I figured it might work.

Feeling a little safer, I sat down again and took a look at my desk calendar.  I'm sort of a Luddite so I still use one of those one-page-a-day versions.   I flipped the page to November 1 and thought, "Oh, my God!"  It said, "sales tax auditor at 9am."  You know those dreams where you're back in school and there's a test and you didn't even know you were supposed to take the course?  Well, I had completely forgotten about the audit.  And the auditor had given me a long list of things to have ready for him.  I had completely forgotten.  "Oh, crap, oh, crap, oh crap..."

There was a knock at the door. 

Did you know that they never have those little peepholes in office doors?  I was really wishing for one now.  "Yes?" was all I could squeak out.

"I'm looking for Mr. Frazier," came a low voice, really more of a loud whisper.

"Uh, that's me.  Hold on."

I moved the chair from door, and opened it.  There he was: derby-guy.  He was really tall and he still had the sunglasses.  He was lifting his arm towards me.  I almost fell over the chair as I backed away.

He held out his card and whispered "I'm Herman Mudgett, with the Department of Revenue."  I was staring at him in stunned silence.  "I'm here to do your sales tax audit."  And with that, he walked into my office and sat at MY chair.

I stammered out, "How did you get in here?  The guard should have stopped you!"

"Oh, we have ways of getting in where we're not welcome.  It’s part of the job."  And with that he swept everything off my desk onto the floor - the calendar, my paperwork from yesterday, everything.

"What the hell?" I yelled.  My fear had gone to anger in an instant.  Who was this jerk?

"Have a seat, Mr. Frazier." he said.  His voice had taken on a low, evil, snarling tone that made me sit down, right on the wet raincoat I had thrown on the chair a few minutes ago.

He opened up his bag and all I could see in it were two boxes.  One was very shiny and had one knob and one dial.  The other was a small cardboard box.

I said tentatively, "I'm afraid I'm not ready for you.  I completely forgot you were coming.  My bad." 

"Oh, I'm not here about that," he croaked out.  “I'm here about the use taxes you didn't pay on the Amazon candy you handed out last night."

I gasped.  "How did you..."

He cut me off, opening the small cardboard box, "…and I'm here about that taffy." He showed me a piece of salt-water taffy, with a bloody tooth embedded in it.

Then he hissed, “Just so you know, dental appliances ARE taxable in this state.”

---

Happy Halloween from The Sales Tax Guy

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. 



PS.  Thanks for sticking with us.  It's been a very busy summer.  There have been lots of webinars to do, a few on-site seminars, one hospitalization, a stolen car, and a vacation.  All in all, there hasn't been a lot of time to devote to the blog.  But we're trying something new.  It's been testing for over a month and just might work.  It's not ready for prime-time yet, but if you made it this far, you deserve a sneak peak.  

Again, thanks for your support.

Friday, May 18, 2012

Links: Sales Tax News and Tips - 5/18/12

Herlihy / Link-Belt at Stearns Road BridgeTax Tip: Why wait for the taxing authorities to do an audit? Do one on your own terms and clean house before they do!
https://twitter.com/#!/TaxConsulting

Tax Tip: If your vendors ship goods to more than one state, check the sales tax rate they charge for each destination state.
https://twitter.com/#!/TaxConsulting

Maine ~ Sales and Use Tax: Supplemental Budget Bill Enacts Use Tax Compliance Program, Exempts Machinery and Equipment for Wood Harvesting
http://www.cchgroup.com/wordpress/index.php/tax-headlines/state-tax-headlines/maine-sales-and-use-tax-supplemental-budget-bill-enacts-use-tax-compliance-program-exempts-machinery-and-equipment-for-wood-harvesting/

West Virginia Food Sales Tax Reduction July 2012
http://www.taxrates.com/blog/2012/05/17/west-virginia-food-sales-tax-reduction-july-2012/

Virginia Sales Tax Holiday Set Tor Next Week
http://onesourceblog.com/2012/05/virginia-sales-tax-holiday-set-tor-next-week/




This is just the best of the links I send out via Twitter on an almost daily basis.  You can get them faster by subscribing to my Twitter feed.

The Sales Tax Guy
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.