Archive for Aaron Giles

Florida Department Of Revenue Ruling On Sales And Use Tax

AARON GILES - Know The Florida Facts Before You File Your Tax

Know The Florida Facts Before You File Your Tax

There has been a longstanding Florida sales tax exemption for food, however that exemption was limited to specific categories and types of food and did not extend to all food sales. In a restaurant setting, all food purchases would be exempt from Florida sales and use tax because of the intent to resell the food to its customers. In healthcare facilities, as well as other types of facilities that provide food services to the individuals occupying them, the line of demarcation between who is the ultimate consumer of the food can be more complex. Agile Consulting Group’s sales tax consultants have received a ruling from the Florida Department of Revenue that entitles facilities that furnish meals to individuals housed within them to make non-taxable purchases of all food under an expanded interpretation of the Florida sales tax exemption for food.

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Learn Sales Tax Exemptions In 50 States (Part 2 of 2 Part Blog Post)

Learn Sales Tax Exemptions In 50 States (Part 2 of 2 Part Blog Post)

Montana Sales And Use Tax Exemptions

The state of Montana has no sales tax at the state or local levels. It is one of five states in the U.S. that does not charge a state sales tax.

Nebraska Sales And Use Tax Exemptions

The state of Nebraska levies a 5.5% state sales tax on the retail sale, lease or rental of most goods and some services. Local jurisdictions impose additional sales taxes up to 2%. The range of total sales tax rates within the state of Nebraska is between 5.5% and 7.5%.

Use tax is also collected on the consumption, use or storage of goods in Nebraska if sales tax was not paid on the purchase of the goods. The use tax rate is the same as the sales tax rate. Returns are to be filed on or before the 25th day of the month following the month in which the purchases were made. For example, purchases made in the month of January should be reported to the state of Nebraska on or before February 25th.

Visit https://revenue.nebraska.gov/

Nevada Sales And Use Tax Exemptions

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Learn Sales Tax Exemptions In 50 States (Part I of 2 Part Blog Post)

Discover Sales Tax Exemptions In 50 States (Part I of 2 Part Blog Post)

Alabama Sales Tax Exemptions

Alabama levies a 4% state sales tax on all purchases of tangible personal property unless the transaction is specifically exempted. There are more than 200 city and county sales taxes imposed in addition to the 4% state sales tax rate. Alabama’s range of sales tax rates is between 4% and 11%.

The consumer’s use tax is imposed on tangible personal property brought into Alabama for storage, use, or consumption in the state when the seller did not collect seller’s use tax on the sale of the property. The tax rates due are the same rates as for sales tax. Returns are to be filed on or before the 20th day of the month following the month in which the purchases were made. For example, purchases made in the month of January should be reported to the state of Alabama on or before February 20th. For more information on Alabama sales tax exemptions visit
https://www.revenue.alabama.gov/sales-use/sales-tax/

Alaska Sales Tax Exemptions

The state of Alaska is one of five states in the U.S. that does not charge a state sales tax. At the local level over 100 municipalities do collect a sales tax, with rates ranging between 1% to 7.5%. For more information on Alaska sales tax exemptions please visit  http://www.tax.alaska.gov/programs/programs/index.aspx?10002

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Nexus Compliance: How Do You Know When You Should Collect Sales Tax?

How do you know when you should collect sales tax? Do I have to collect sales taxes in states where I don’t have a physical presence? What is nexus, physical nexus, and economic nexus? In the wake of South Dakota v. Wayfair, the landscape for sales & use tax compliance has become more complex. A member of our team adapted our partner Avalara’s recent Understanding Where, When and Why Your Business has a Sales Tax Obligation webinar to give this quick guide to nexus compliance:

What’s nexus? Starting with: Physical Nexus

A business is required to collect and remit sales taxes once the business has established nexus for sales taxes in a state. Prior to South Dakota v. Wayfair, physical presence (like buildings, facilities, or employees) in a state was the sole marker for sales tax obligations. Physical nexus is still important, and you can most easily think of physical nexus as anywhere your business has employees (including those “working from home”), buildings (including your home if you don’t have a formal office), or 1099 contractors that act in a sales/marketing role. While economic nexus, which we’ll discuss in a second, is important and more complicated, do not ignore where you have physical nexus! These states’ physical nexus compliance will require you to register and remit sales and use taxes.

Pro Tip: Travelling into a state for a conference where you’re making sales or soliciting customers can trigger physical nexus. This issue can be more complex as the size of the business gained, time spent in the state, and other factors can change whether we’d recommend registering, collecting, and remitting tax.

So, what changed? Introducing: Economic Nexus

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Debunking Nexus Compliance – How Do You Know When To Collect Sales Tax?

Nexus Compliance

How do you know when you should collect sales tax? Do I have to collect sales taxes in states where I don’t have a physical presence? What is nexus, physical nexus, and economic nexus? In the wake of South Dakota v. Wayfair, the landscape for sales & use tax compliance has become more complex. A member of our team adapted our software partner recent Understanding Where, When and Why Your Business has a Sales Tax Obligation webinar to give this quick guide to nexus compliance:

What’s nexus? Starting with: Physical Nexus

A business is required to collect and remit sales taxes once the business has established nexus for sales taxes in a state. Prior to South Dakota v. Wayfair, physical presence (like buildings, facilities, or employees) in a state was the sole marker for sales tax obligations. Physical nexus is still important, and you can most easily think of physical nexus as anywhere your business has employees (including those “working from home”), buildings (including your home if you don’t have a formal office), or 1099 contractors that act in a sales/marketing role. While economic nexus, which we’ll discuss in a second, is important and more complicated, do not ignore where you have physical nexus! These states’ physical nexus compliance will require you to register and remit sales and use taxes.

Pro Tip: Travelling into a state for a conference where you’re making sales or soliciting customers can trigger physical nexus. This issue can be more complex as the size of the business gained, time spent in the state, and other factors can change whether we’d recommend registering, collecting, and remitting tax.

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Florida Sales Tax Compliance And Rates

Florida Sales Tax Compliance And Rates

Florida’s tax rates are mostly consistent across the board, but there are a couple of exceptions that are useful for one to keep in mind while filing taxes. Florida has a state-level tax rate of 6%, but when it comes to commercial rentals, the tax rate is .5% less. This makes the state-level tax rate on commercial rentals 5.5%. Florida sales tax compliance also imposes a 4% tax on amusement machines and a 6.95% tax on electricity.

Florida Sales Tax

There are four different types of filing frequencies for tax returns in Florida: monthly, quarterly, semi-annually, and annually. Make sure to mark your calendar for the 19th of each month because that is the last day you can file your tax returns in Florida. If the 19th falls on a weekend or on a business holiday, then the deadline is changed to the first applicable business day before the 19th. This is different than how most states deal with their return due dates. Usually, states will push the due date back to after the weekend or holiday. Keep that in mind, so you do not end up missing the due date because you thought you had a little bit of extra time. Please note that all payments must be made before 5pm EST of the due date to be considered on time.

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Sales Tax Audit Triggers Are Important To Know

Aaron Giles - Sales Tax Audit Triggers

When you receive a sales and use tax audit notice in the mail, it sparks worry, concern and anxiety.  Frequently, the first question that comes to mind is “What triggered this sales and use tax audit?” Understanding the sales and use tax audit triggers or cause of the audit can help companies both prepare for the audit by predicting what the auditor will be looking for, as well as take steps to avoid sales and use tax audits in the future.

Similar to the IRS with income tax audits, states have systems, policies and procedures in place that help them to identify businesses to select for a sales and use tax audit.  While each state’s methodology is different, there are some common reasons taxpayers are flagged for a sales and use tax audit.

12 Common Sales and Use Tax Audit Triggers

Our analysis of common sales and use tax audit triggers is based upon Agile Consulting Group’s 15 years’ worth of sales and use tax audit defense and representation services that we have provided to hundreds of taxpayers across the U.S.  We have arranged these reasons in order of the likelihood of triggering a sales and use tax audit.

Trigger #1. Prior Sales And Use Tax Audit Liabilities

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Washington D.C. Sales Tax Compliance Rates

Washington D.C. Sales Tax Compliance Rates

Washington D.C. sales tax compliance is fairly easy to follow and understand. Washington D.C. has a state-level tax rate of 6% and offers no reduced rates. For the most part, you can expect to be paying a 6% sales tax on your goods every time you make a purchase. However, there are some higher rates for certain purchases made such as soft drinks, alcohol, hotels, parking, and more. Since there are quite a few products that have a higher tax rate, you will want to review the Washington D.C. website to see if you are buying any items that fall under these higher rates.

Washington D.C. Sales Tax

For registered Washington D.C. taxpayers, there are three tax return filing frequencies: monthly, quarterly, and annually. Your filing frequency will be determined by the D.C. OTR after registration. All returns are due by the 20th of the month following the reporting period. If the due date falls on a weekend or national holiday, then the correct due date for your filings will get pushed back to the next business day.

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Michigan Sales And Use Tax Audits: Have You Been Selected?

Michigan Sales And Use Tax Audits: Have You Been Selected?

One of our team members sat in on the Michigan Department of Treasury’s MI sales & use tax audit webinar to provide this short summary for your reference. Here are some tips to make your audit process easier and less painful!

Understand Your Basic Responsibilities

If you’ve already been selected for an audit and are familiar with your tax-collection responsibilities, skip ahead. For everyone else, it is important to know that sales & use tax collection is your obligation. When you don’t collect sales & use tax the liability falls on you. Even though customers commonly pay sales taxes, the selling business is the one responsible for adequately collecting and remitting sales taxes. (If you need help with sales tax compliance, reach out to one of our tax experts here.)

Fortunately, MI is an easier state to deal with sales and use tax. They only have the 6% rate for the entire state with no local rates, and their online platform MTO (Michigan Tax Online) is helpful and can make the process much easier! (Read about the benefits of MTO and refresh on general MI sales and use tax tips here.)

Why Did I Get Picked For An Audit?

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Georgia Sales Tax Compliance

Georgia Sales Tax Compliance

If you’re planning on filing a sales and use tax return in Georgia, you’ll need to know the following information:

–          Total sales in Georgia

–         Amount of sales exempt from tax

–         Amount of sales tax collected

–         Amount of taxable sales

Georgia sales tax compliance has a state-level sales tax rate of 4%. However, in Atlanta and Clayton County, the Motor Vehicle taxes 1% less than the normal rate. The sale of food (which includes groceries, food ingredients, unprepared food, etc.) is tax exempt at the state level. Although you don’t have to pay taxes on food at the state level, there are still taxes applied to the sale of food at Georgia’s local level.

Georgia Sales Tax

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Sales Tax Recovery Can Help Cash Flow

aaron giles - Sales Tax Recovery Can Help Cash Flow

Sales tax recovery reviews, sometimes known as sales tax reverse audits are a great way to generate cash flow at any time, but the disruption Covid-19 has caused worldwide has forced many businesses to reevaluate.  Will reopening generate the volume of sales businesses had pre-Covid-19?  Will our economy tip into a recession?  Will businesses be forced to trim costs or even payroll to remain profitable?  Businesses are facing these and many other pressing questions over the coming months.  One thing is certain, businesses have found ways to adapt and do more with less over the past 10+ weeks.  Maybe it is time to reconsider recovering overpaid sales taxes.

Many of you are familiar with sales tax recovery reviews.  Quite a few of you have enjoyed success in prior sales tax recovery reviews.  We view sales tax recovery reviews as something akin to a doctor’s checkup.  Maybe they don’t need to occur on an annual basis (who are we kidding, we all know we’ve missed one from time-to-time), but every few years it is imperative to go in for that checkup to make sure everything is still functioning properly and to address any concerns we have.  That’s the same opportunity sales tax recovery reviews offer your business as it relates to sales tax.

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Florida Sales Tax Compliance Rates And Exceptions

Florida Sales Tax Compliance Rates And Exceptions

Florida’s tax rates are mostly consistent across the board, but there are a couple of exceptions that are useful for one to keep in mind while filing taxes. Florida has a state-level tax rate of 6%, but when it comes to commercial rentals, the tax rate is .5% less. This makes the state-level tax rate on commercial rentals 5.5%. Florida sales tax compliance also imposes a 4% tax on amusement machines and a 6.95% tax on electricity.

Florida Sales Tax

There are four different types of filing frequencies for tax returns in Florida: monthly, quarterly, semi-annually, and annually. Make sure to mark your calendar for the 19th of each month because that is the last day you can file your tax returns in Florida. If the 19th falls on a weekend or on a business holiday, then the deadline is changed to the first applicable business day before the 19th. This is different than how most states deal with their return due dates. Usually, states will push the due date back to after the weekend or holiday. Keep that in mind, so you do not end up missing the due date because you thought you had a little bit of extra time. Please note that all payments must be made before 5pm EST of the due date to be considered on time.

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