202107.14
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Arkansas—Sales and Use Tax: Tax Assessment and Penalty on Purchase of Vehicle Sustained

by Chanel Christoff Davis in Arkansas, Sales Tax, Tax Exempt, Uncategorized

AR: Arkansas taxpayers’ protest against the sales tax assessment on their purchase of a vehicle was denied for failure to prove entitlement to the motor vehicle exemption for disabled veterans. The taxpayers claimed an exemption from the payment of sales tax for their purchase of the vehicle available to disabled veterans who have received financial…

202107.07
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Arkansas—Sales and Use Tax: Taxpayer’s Landscaping Services for New Construction Properly Subject to Sales Tax

by Chanel Christoff Davis in Arkansas, Sales Tax, Sales Tax Audit Defense, States

ARKANSAS: A taxpayer’s landscaping services for new construction projects was properly subject to Arkansas sales and use tax assessment as under Arkansas law landscaping services are subject to tax regardless of whether they are performed on residential or commercial property and regardless of whether or not the service is provided in connection with new construction….

202106.30
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Missouri Inches Toward Economic Nexus

by Chanel Christoff Davis in Economic Nexus, Missouri, Sales Tax, Wayfair

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…

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

by Chanel Christoff Davis in Sales Tax, South Carolina

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

by Chanel Christoff Davis in Louisiana, Sales Tax, State Sales Tax Laws, Uncategorized

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

by Chanel Christoff Davis in Covid-19, Sales Tax, Texas

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

by Chanel Christoff Davis in Sales Tax, State Sales Tax Laws

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

by Chanel Christoff Davis in Sales Tax, State Sales Tax Laws, Uncategorized

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…

202104.28
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5 Steps to a Complete Sales Tax Filing Process

by Chanel Christoff Davis in Articles, Economic Nexus, Sales Tax, Wayfair

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…

202104.14
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Natural Gas and Electricity – Residential Use

by Chanel Christoff Davis in Refund Recovery, Sales Tax, States, Texas

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…