Tuesday, December 29, 2009

Sales Tax / Use Tax News

These are gleanings from newsletters, etc. I have not included all of the events, nor have I provided much detail. As usual, the disclaimer applies - check this kind of thing out yourself. I just want to give you a heads-up.

I
n New York, maple syrup candy, fudge and halva (whatever that is) are taxable, even if sold out of a bakery. Sushi can be either taxable or non-taxable depending on the way it's sold. And fruit baskets are not taxable. New York Advisory Opinion TSB-A-09(54)S, 10/09/2009

Even though a child care service operates, for all intents and purposes, a private playground, their fees are still not taxable as admissions. They operate a child care service. New York Advisory Opinion TSB-A-09(53)S, 12/03/2009

New York has published a new guide for exempt organizations. New York Department of Taxation & Finance Publication 843, 12/01/2009


In Minnesota, credits received by the seller from the manufacturer are not considered part of the sales price and gross receipts. Northern X-Ray Co. v. Commissioner of Revenue, Minn. Tax Ct., Dkt. No. 7945 R, 12/08/2009


In Missouri, yoga sessions are taxable. So relax. Missouri Private Letter Ruling LR 5955, 11/06/2009


The Pittsburgh, Pennsylvania parking tax is 37.5% (gasp). Remind me not to park my car there. 2010 Pittsburgh Parking Tax Bulletin, 12/15/2009


Rhode Island updated their food and beverage regulations SU 09-59, R.I. Division of Taxation, effective 01/01/2010; rentals and leases SU 09-62, R.I. Division of Taxation, effective 01/01/2010; and electronic funds transfers EFT 09-01, RI Division of Taxation, effective 01/01/2010.


Blasting in a quarry is considered part of the manufacturing process therefore explosives, detonators, etc. are considered exempt as manufacturing equipment. Illinois Dept. of Rev. General Information Letter ST 09-0149-GIL, 11/09/2009

Freight charges in Illinois were taxable because they were not agreed to separately. Another in a series of confusing positions. Illinois Dept. of Rev. General Information Letter ST 09-0150-GIL, 11/13/2009


Ohio has released the situs rules for 2010. Basically, if it's an intrastate shipment of TPP, the sale is sourced to the location where the order is received. If the order is shipped from outside of Ohio, it's sourced to the destination. For services, it's simply where the customer receives the service. And consumers won't have to worry about additional use tax for their location if different from the seller's location. Ohio Tax Information Release ST 2009-03, 12/01/2009


Colorado is allowing online filing for sellers with only one location Colorado Department of Revenue InfoEmail, 12/18/2009


Layaway payments not subject to sales tax in Indiana. Indiana Information Bulletin ST78, 12/01/2009


A seller doesn't have nexus in New Mexico, even though they briefly store their inventory in the state prior to delivering it to the customer. New Mexico Taxation and Revenue Dept. Ruling 401-09-5, 12/03/2009


Campground have to charge sales tax on rentals if there is a structure involved, but if they're simply renting a plot of land on which camper will pitch a tent or park an RV, there is no sales tax. Vermont Technical Bulletin TB-50, 12/14/2009


Local rate changes

Alabama
Missouri
Ohio
Texas


State rate changes
Connecticut (rate didn't decrease)


The Tax Foundation has published a review of significant state tax changes in 2009, It's mostly about rate changes and other very high level stuff, but there is a summary section near the bottom that is good reading.


SpeedTax has a short article on the effort by California to enforce use tax reporting.


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

See disclaimer and research the issues thoroughly before making decisions

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

Monday, December 28, 2009

Illustrations and Parables: The Generator

I was doing a seminar in Mobile, Alabama when I picked this one up.

Background

Mobile, if you don't regularly watch the Weather Channel, probably gets more than their share of hurricanes. This particular company had a plant in the area. They were far enough back from the beach to not have a problem with water or storm surges, but they were still subject to wind damage. And the biggest problem was power outages that apparently could last for more than a week. So they bought a big, honkin' generator to provide backup power.

However, they didn't keep the generator at the plant. It was an outside generator and they didn't want to worry about wind damage. They stored it in Houston, Texas at the facility of the dealer who sold them the generator. You see, the hurricane that would tear up Mobile, is not going to be the hurricane that goes through Houston. This is the ultimate in "off site" backup.

The Plan

After the storm passes through, they'll call up the dealer and tell him to deliver the generator. That would probably take a day or so. In the meantime, they'll clean up the site and do any other preparatory work necessary.

The generator arrives, they set it up, and voilĂ , power! They can start making stuff, shipping to their customers, and providing employees with a much needed paycheck.

The Problem

The state of Texas audited the dealership and noticed the generator (probably more than one - storing these things is probably a nice little side business for them). After finding out who owned it, Texas went after the company in Alabama asserting that they had nexus in Texas. After all, they did have a pretty big and expensive piece of equipment sitting in Texas. Which means they have a physical presence in Texas. Right?

The company believed the auditor and paid their back taxes, penalties and interest and registered in Texas.

Duh?

I asked the guy who was telling me this story, "And you believed the auditor?"

"Well, yeah. He's the auditor, he knows what he's talking about."

"Do you have any other physical presence in the state? And I reeled off the various factors."

"No. Just the generator," he said, starting to feel nervous.

I said, "You really need to get yourself a lawyer who knows their way around Texas nexus issues. I can't believe that generator gives you nexus in Texas. It's just one piece of equipment that has nothing to do with exploiting the Texas marketplace. It's merely being stored in Texas because that's where the dealer happens to be. I'll bet a lawyer would be able to beat this easily"

"But the auditor said..." I think I ruined his day.

Folks, please remember that the auditor is likely to be telling you stuff she learned about in a meeting back at the office. She's not a lawyer, and she has not reviewed the court cases herself. She's just trying to pry some tax revenue out of you. Never take the auditor's word for it. Get yourself a lawyer or CPA who is an expert at sales and use taxes. They'll be expensive, but they'll know a whole lot more than that sales tax auditor. And they'll be on your side.

This company threw money away in the direction of Texas because they didn't understand the way nexus worked, and they believed the auditor. Don't do it!

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

See disclaimer and research the issues thoroughly before making decisions

Here's information on our upcoming seminars and webinars

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

Wednesday, December 23, 2009

Check the Cash

In this whole series, I discuss the problem of mistakenly not charging taxes on your sales. I will continue to show you situations where the business got hammered for the sales tax when they didn't even know they were making taxable sales.

But the question that I just don't get often enough is, "How can we make sure we've addressed every sale we should be taxing?" Really, I don't get that question enough. So, even though you're not asking it, I'll give you a suggestion.

You should, annually, quarterly, monthly or on whatever cycle you feel is appropriate, analyze where your cash is coming from. Your accounting people already do this in a macro kind of way through the "cash flow" statement. But I'm talking about analyzing it from a very different, and more detailed perspective. It's not foolproof, but if you do this and can show the auditor you do this, it certainly will show you're making the effort. Which is nice.

Look at every deposit of cash to your bank account, and review the transactions that generated that cash. You need to know if it's a sale, and if it should be taxed.

This would include your normal day-to-day sales, which you should be doing anyway. Right? But it would also include any service sales, equipment transfers, non-line-of-business transactions, like the company cafeteria or occasional sales, and maybe even intercompany transactions. Anything that generated money.

The starting point is the cash that's coming into your company and where it is coming from. The odds are pretty high that any taxable sales you make will appear, at some point, as a cash receipt.

Is this a lot of work? Heck, yeah. Maybe that's why nobody asks about this. But I can see this being the perfect summer intern project. Or something for the newbie.

The Sales Tax Guy

See disclaimer and research the issues thoroughly before making decisions

Here's information on our upcoming seminars and webinars

Quick Tip: Nexus and AP

Here's a fun way for AP to make trouble for sales and marketing people.

The Sales Tax Guy

See disclaimer and research the issues thoroughly before making decisions

Here's information on our upcoming seminars and webinars

Friday, December 18, 2009

Flag Exemptions

In the category of nutty sales and use tax exemptions, these states impose no tax the sale of flags. In all cases there is no sales tax on the US flag. And most exempt theirs as well.

Connecticut - US and CT
Florida - US and FL
Maryland - US and MD
Massachusetts - US only
New Jersey - US and NJ
New York - US and NY
Pennsylvania - US and PA
Rhode Island - US and RI
Vermont - US flag only, and only for sales to or by nonprofit veterans organizations
Virginia - US , VA and local flags if sold by government agency
West Virginia - US and WV - regulation size only
Wisconsin - US and WI

This is an article I've been meaning to right for a while; frankly, ever since I came across this exemption for the first time. I'm guessing that the US exemptions were enacted in some fit of patriotic fervor on the part of the politicians. But the state flags? And nobody is going to vote against the law, or argue to repeal it because they would be toasted in the campaign commercials.

Imagine the youtube video, "Joe Blow, your representative, actually voted to repeal the sales tax exemption for the US Flag. What kind of American is he?? Vote for Tom Jones and he'll reinstate the exemption as soon as he takes office!"

And why give the exemption anyway? Are people buying more flags in those states because of the exemptions? If you drive through the residential areas of Milwaukee, will you see a lot of Wisconsin state flags flying proudly below all of the US flags?

Heck, I'll bet that most retailers in those states charge sales tax anyway because the sales tax software company didn't program this one - they didn't even know about it! Who would have thought?

Now, of course, they will. Because I just know they all read this blog. Sure. And Santa's coming in a few days too.

Have a nice weekend, folks.

Sales Tax Guy

See disclaimer and research the issues thoroughly before making decisions

Here's information on our upcoming seminars and webinars

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

Thursday, December 17, 2009

Sales Tax / Use Tax News

These are gleanings from newsletters, etc. I have not included all of the events, nor have I provided much detail. As usual, the disclaimer applies - check this kind of thing out yourself. I just want to give you a heads-up.

The District of Columbia clarified rules regarding the residential utilities exemption. Dist. of Columbia Revenue Notice 2009-11, 12/09/2009

Information was published in Florida's estimated tax program. Florida Tax Information Publication 09(A)01-07, 10/07/2009

New Jersey clarified the rules for magazines and newspapers. N.J.A.C. 18:24-1.2, effective 12/07/2009

In New York, a taxpayer was able to get a refund of hotel taxes paid, even though they had no receipts, by showing that they're contract with the vendor included the taxes. The ruling acknowledged that they had not kept adequate records. In the Matter of the Petition of Trans States Airlines, Inc., NYS Division of Tax Appeals, ALJ, Dkt. Nos. 822272; 822273, 12/03/2009

Satellite TV broadcasters in Washington have to pay use tax on the equipment provided to customers for free. The satellite fees can't be taxed under Federal law, but the equipment that is given away can be taxed. Washington Dept. of Rev., Appeals Division, Dkt. No. 08–0122R, 04/21/2009 , 28 WTD 115 (2009)

Electronic filing mandatory now in Wisconsin. Wisconsin Dept. of Rev. Sales and Use Tax Report 5-09, 12/01/2009


Amnesty Programs
Pennsylvania
New York
Massachusetts

Local rated changes
Alabama
Colorado
Florida
South Carolina
Texas
Washington

Sales Tax Guy

See disclaimer and research the issues thoroughly before making decisions

Here's information on our upcoming seminars and webinars