Manufacturers, wholesalers, and distributors believe they have nominal sales tax obligations due to the probability of sales tax-exempt transactions. This is not always correct. Businesses can be manufacturers and distributors, as wholesalers and distributors are often used interchangeably. The theory to consider is whether the sales by these types of businesses are exempt or not…
Arizona-based Halstead Bead Inc., an online retailer that sells jewelry-making supplies online, has filed a lawsuit against the state of Louisiana and several parishes to challenge the state’s approach to collecting sales taxes. Earlier this year, Louisiana lawmakers sought to streamline the sales tax collection process with a constitutional amendment with an eight-member commission rather…
Texas: In September, the City of Farmers Branch joined partner cities in a lawsuit against the Texas Comptroller of Public Accounts to delay, modify or rescind proposed changes to local sales tax collection rules expected to effect October 1, 2021. The 2018 United States Supreme Court decision, South Dakota versus Wayfair, Inc., allowed states to…
CA: An out-of-state online retailer’s petition for redetermination of its obligation to collect California sales and use tax was denied because the taxpayer, by applying for and maintaining a valid certificate of registration, assumed a responsibility to collect tax. In this matter, the California Department of Tax and Fee Administration determined that the taxpayer was…
Missouri will become the last state with a sales tax to enact economic or “Wayfair” nexus with the passage of S.B. 153/97, imposing a use tax collection requirement for remote sellers. This ends an almost three-year saga started with the landmark Supreme Court South Dakota v. Wayfair Inc. in 2018. Wayfair overturned the “physical presence” requirement for collection of sales tax by remote…
Sales tax is more complicated than ever, especially in a post-Wayfair world. And what’s worse is that everyone who says they’re simplifying sales tax is still leaving the hardest parts – and the liability – up to you. Don’t let sales tax compliance overwhelm you. Make the right decisions for your business so you can…
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…
Multistate – Almost two years after the Supreme Court’s Wayfair decision, most companies know by now that states can require remote sellers with no physical presence to collect sales tax. The taxability of specific items and sales tax exemptions vary by state, so many companies are struggling to determine which items to collect tax on and…
Oregon – U.S. Senators, Ron Wyden, and Jeff Merkley reintroduced legislation that would stop states with a sales tax from creating red tape for small businesses in Oregon. This bill is a result of last year’s Supreme Court ruling in South Dakota v. Wayfair, Inc. “Small businesses in Oregon have been tied up in a…
