VA: An artist (taxpayer) was subject to Virginia sales and use tax on a mural painted and installed at a train station. The mural and related services constituted a taxable sale of tangible personal property (TPP). The sale of TPP and the provision of a service constitute a sale of TPP or an exempt service;…
Arkansas Sales & Use Tax: A poultry farmer (taxpayer) was rightly denied a commercial farming exemption when purchasing a poultry house blower. The taxpayer could not prove that the chicken coup fan was used directly to produce food or fiber. At the time of purchase, an exemption certificate was signed in the taxpayer’s name, certifying…
MA: A Massachusetts auto dealer who provided customers with a complimentary loaner vehicle while their vehicle was being repaired owed sales and use tax on the vehicles. The vehicles were not exempt as sales for resale as they were removed from inventory and used by the dealer. SOURCE
CA: An individual was held liable for the unpaid California sales and use tax of a defunct limited liability company (LLC) because he was responsible for the LLC’s tax affairs during the years in question. In this case, the California Department of Taxes and Fees Administration (CDTFA) issued a declaratory judgment against the LLC to…
ALABAMA: A convenience store operator was assessed properly under the Alabama sales and use tax law on its retail sales. The taxpayer failed to maintain adequate books and records and didn’t correctly report its sales. The taxpayer did not provide thorough information about its purchases, and, as a result, the Alabama Department of Revenue determined…
TX – The Comptroller of Public Accounts issued a newsletter providing general information about Texas taxes for sales and use tax purposes. The publication discusses various tax issues, including the following: The estimated average rate of local sales and use taxes imposed in Texas during the preceding state fiscal year ending August 2021 is 1.75%;…
WA: A home building and remodeling company were appropriately subject to Washington retail sales tax and business & occupation (B&O) tax as the Department of Revenue met its obligation in notifying the taxpayer of the assessment. The Department of Revenue sends documents to a taxpayer electronically; the taxpayer is assumed to have received the information…
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…
AR: Arkansas Appeals Office found the taxpayer was not entitled to Farm Machinery, Equipment Sales Tax Exemption. For farmers and ranchers to claim the agricultural property tax exemption, the land must be classified for agricultural use. The land must meet the minimum size, use, and location requirements. In addition, farming and ranching activities must be run…
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…
