202106.23
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South Carolina—Sales and Use Tax: Taxability of Extended Warranties and Inventory Withdrawals Explained

South Carolina: The sale of an optional extended warranty in conjunction with the retail sale of the taxpayer’s medical equipment, is included in gross proceeds of sale for purposes of South Carolina sales tax. However, the sale of an optional extended warranty not in conjunction with the retail sale of equipment, is not taxable. When…

202106.05
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Louisiana—Sales and Use Tax: Taxpayer Entitled to Refund on Purchase of Caustic

LOUISIANA : A taxpayer was not required to remit Louisiana sales and use tax on its purchase of sodium hydroxide (caustic) because the taxpayer used the caustic as a pollution control device system (PCDS) at its manufacturing facility. Generally, for sales and use tax purposes the term sale at retail does not include the sale…

202105.19
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Texas Exempts Forgiven PPP Loans and Other COVID-19 Related Grants From Franchise Tax

Texas Exempts Forgiven PPP Loans and Other COVID-19 Related Grants From Franchise Tax Businesses will not have to pay Texas franchise tax on forgiven PPP loan amounts and other COVID-19 related grant proceeds. They may exclude qualifying loan and grant proceeds from total revenue on franchise tax reports originally due on or after January 1,…

202105.12
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Missouri—Sales and Use Tax: Taxpayer Failed to Establish Portable Toilets Rental Was a Non-Taxable Service

MISSOURI: The Supreme Court of Missouri (Court) affirmed the administrative hearing commission’s (commission’s) decision that a taxpayer was properly subject to Missouri sales and use tax on its rentals of portable toilets because the taxpayer failed to prove that the true object of his rentals was the waste removal service and not the toilet itself….

202105.05
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Taxability of Smokeless Nicotine Products

TN: Notice 21-05 Smokeless Nicotine Products Exempt from Tennessee Tobacco Tax Public Chapter 69 (2021), effective March 31, 2021, amends the definitions of “cigarette” and “tobacco products” and adds a new definition of “smokeless nicotine product” to clarify that smokeless nicotine products are not subject to Tennessee tobacco tax. Tennessee Tobacco Tax Tennessee imposes a…

202104.21
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Indiana—Sales and Use Tax: Manufacturer’s Various Purchases of Software

INDIANA: The Indiana Department of Revenue (department) discussed the applicability of sales and use tax to a manufacturer’s (taxpayer’s) various purchases of software. Generally, purchases of tangible personal property including computer software are subject to sales tax. However, the purchase of services is exempt from sales tax. In this matter, the taxpayer filed tax refund…

202104.14
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Natural Gas and Electricity – Residential Use

TEXAS: There are three categories of electricity-generating energy: fossil fuels, renewable energy sources and nuclear energy. Fossil fuels, also known as hydrocarbons, include coal, petroleum and natural gas. In 2019, the use of natural gas made up approximately 38 percent of the electricity generated in the U.S., according to an article in the U.S. Energy…

202104.07
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Alaska Jurisdictions Combine to Establish States First Nexus

ALASKA: The Alaska Remote Seller Sales Tax Commission has approved its “Remote Seller Sales Tax Code & Common Definitions” that would apply to local municipalities in Alaska that choose to adopt it. The code accommodates the individual rates and exemptions of multiple local jurisdictions within Alaska, with single-level, statewide administration. Under the code, remote sellers and marketplace…

202103.31
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Arkansas—Sales and Use Tax: Taxpayer Failed to File Returns to Report Taxable Photography Sales; Assessment Affirmed

ARKANSAS: A photography service provider (taxpayer) was liable for Arkansas sales and use tax assessed against her because she failed to timely file returns reporting taxable sales. In this matter, the Department of Finance and Administration (department) issued a notice assessing tax, penalty, and interest against the taxpayer as she failed to report taxable sales….