202112.01
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Taxpayer Not Entitled to Farm Machinery, Equipment Exemption

by Chanel Christoff Davis in Arkansas, Sales Tax, States

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…

202111.17
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Louisiana Sales Tax System Challenged

by Chanel Christoff Davis in Compliance, Economic Nexus, Louisiana, Nexus Analysis, Sales Tax

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…

202110.27
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New York—Sales and Use Tax: Motion to Reargue Denied

by Chanel Christoff Davis in New York, Sales Tax, Uncategorized

Taxpayers’ petition for revision of determinations or refund of New York State sales and use taxes was denied. The taxpayers did not set forth a reason that would require the Division of Tax Appeals to reconsider its prior determination. Instead, the taxpayers claimed that the administrative law judge failed to address their argument based on…

202110.13
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NOMAD: States without statewide sales tax rates

by Chanel Christoff Davis in Alaska, Delaware, Montanna, Oregon, Oregon, Sales Tax, State Sales Tax Laws

CURRENTLY, the US has five states with no sales tax New Hampshire, Oregon, Montana, Alaska, and Delaware. A popular way to remember which states are with the acronym NOMAD. Although these states do not have a statewide sales tax, they do have other taxes. New Hampshire does not have a sales tax, even in individual municipalities….

202110.06
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TX- City of Farmers Branch Sues TX State Comptroller of Public Accounts

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…

202109.29
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CA—Sales & Use Tax: Taxpayer Obligated to Collect Tax Because It Held Certificate of Registration

by Chanel Christoff Davis in Economic Nexus, Marketplace Facilitators, Sales Tax

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…

202108.25
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Texas—Sales and Use Tax: Guidance on Motor Vehicle Rental Tax Issued

by Chanel Christoff Davis in Motor Vehicles, Sales Tax, Texas

For sales and use tax purposes, the Texas Comptroller of Public Accounts issued a motor vehicle rental tax guide for taxpayers who rent motor vehicles in Texas. The guide discusses the taxpayers’ permitting, tax collection, reporting, and records retention responsibilities for tax on gross receipts for vehicles they rent to customers. The guide, among other…

202108.18
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Virginia—Sales and Use Tax: Equipment Not Used Directly in the Harvesting of Forest Products Taxable

by Chanel Christoff Davis in Sales Tax, Sales Tax Audit Defense, Virginia

VIRGINIA: A taxpayer was properly subject to Virginia sales and use tax as the purchase of lime and tractors did not qualify for the exemption for the harvesting of forest products for sale under the Virginia law. Virginia law states that machinery, tools, repair parts, fuel, etc. used directly in the harvesting of forest products…

202107.21
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Michigan: Sales & Use Tax: Taxpayer Required to Pay Tax on Purchased Materials

by Chanel Christoff Davis in Legal Research & Opinions, Michigan, Sales Tax

MICHIGAN: A marine vessel management business (taxpayer) was properly subject to Michigan sales and use tax on its purchase of materials used to maintain and operate tug barges because the taxpayer had the ownership over the material. Generally, the use, storage, or consumption of tangible personal property in Michigan is subject to tax. Further, use…