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…
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….
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…
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….
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…
