Navigating Illinois Sales And Use Tax: Current And 2025 Direct Pay Requirements

The landscape of sales and use tax compliance is constantly evolving, particularly for businesses operating in Illinois. The state’s Direct Pay Permit (DPP) program offers a way to streamline tax reporting and payment, so staying updated on current and forthcoming changes is essential.

Understanding The Illinois Direct Pay Permit

The Direct Pay Permit (DPP) allows qualifying businesses to pay use tax directly to the Illinois Department of Revenue (IDOR) rather than at the point of purchase. This program is especially beneficial for companies dealing with complex transactions, large-scale purchasing, or situations where determining the taxability of purchases can be challenging.

Current Requirements For The Direct Pay Permit

As of 2024, businesses seeking to participate in Illinois’ DPP program must meet several critical criteria:

1. Eligibility Criteria:

  • Complex Tax Situations: Businesses must demonstrate that they frequently encounter complex situations where determining sales tax liability is problematic. This often applies to companies involved in manufacturing, construction, or those with multi-state operations.
  • Significant Purchases: A business must have substantial annual taxable purchases to qualify. While the exact threshold can vary, companies must demonstrate a certain volume of transactions that justify using a DPP.

    2. Application Process:
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Virginia Offers One-Time Safe Harbor for Contractor Sales and Use Tax Remittance

Virginia has introduced a new policy allowing a one-time safe harbor for contractors who have omitted or inaccurately remitted retail sales and use taxes. Starting from July 1, 2024, the Department of Taxation can use a contractor’s erroneously collected retail sales tax payments to offset a use tax assessment related to the transaction.

How To Qualify

To qualify for this safe harbor, the contractor must demonstrate that the property for which sales tax was incorrectly collected and remitted is the same property used in realty and is subject to a use tax assessment.

Next Steps

After receiving this relief, the contractor must either pay sales tax to its vendors or remit the use tax directly to the Department for its purchases of tangible personal property used in its real property contracts. This relief is a one-time opportunity designed to help contractors in response to industry confusion. This new policy is aimed at providing a temporary reprieve for contractors who may have inadvertently erred in their tax remittances, offering them a chance to rectify the situation and ensure compliance with tax regulations moving forward.

For more information, reach out to Thompson Tax today. We are your Trusted Tax Advisors.

What Is Streamlined Sales Tax And How Can it Help My Business?

Streamlined Sales Tax (SST) is an initiative that aims to simplify and standardize the collection and remittance of sales tax across different states. It was first implemented in 2005 and has since been adopted by 24 states. The initiative aims to make it easier for businesses to comply with sales tax laws, reduce administrative costs, and create a level playing field for retailers across different states.

What Are the Benefits of Streamlined Sales Tax?

One of the main benefits of SST is uniform definition of products and services across the states. Additionally, SST provides businesses access to free tax administration software, which can help automate tax calculations, filings, and remittances.

Current List of Full Member Participating States

 

Arkansas Kansas Nebraska North Dakota South Dakota West Virginia
Georgia Kentucky Nevada Ohio Utah Wisconsin
Indiana Michigan New Jersey Oklahoma Vermont Wyoming
Iowa Minnesota North Carolina Rhode Island Washington Tennessee*

*Associate Member State 

For more information about registering for the SST program, contact us today. We are your Trusted Tax Advisor.

Have a question? Contact Dan Thompson, Thompson Tax Team.

California's AB 2829 Digital Advertising Tax Proposal

California has proposed a new digital advertising tax (AB 2829) that has been met with mixed reactions from businesses and consumers alike. If passed, the tax would be levied on large-scale California businesses that generate over $100,000,000.00 in annual global revenue from digital advertising services and would take effect on January 1, 2025.

Some have hailed the proposal as a way to generate much-needed revenue for the state’s budget, which was hit hard by the COVID-19 pandemic and has not yet fully recovered. Supporters of the tax also argue that it would help level the playing field between brick-and-mortar businesses and digital retailers, which have avoided many of the taxes and regulations that traditional companies face.

Opponents of the tax disagree and argue that the new tax would be harmful to both businesses and consumers alike. Opponents argue that it would make it more difficult for businesses to compete in an already challenging economic environment and that the tax would be difficult to enforce as it raises constitutional concerns surrounding the Due Process and Commerce Clauses. Opponents also argue that although there is an anti-passthrough provision disallowing the tax from being charged to the consumer as a separate fee, surcharge, or line item, businesses would instead pass the cost along to consumers under the guise of higher prices.

This recent California proposal has generated significant debate and controversy, with solid arguments on both sides. What are your thoughts?

You can reach Dan Thompson at Dan@thompsontax.com or call 916.333.2404

Impact Of Sales And Use Tax On Mergers And Acquisitions

Mergers and acquisitions (M&A) involve complex transactions that require careful planning and execution. One aspect that is often overlooked is the impact of sales and use tax on the transaction. Failure to properly account for sales and use tax can have a significant impact on the deal, including increased costs, potential legal issues, and decreased profitability.

One of the main reasons why sales and use tax can be a challenge in M&A due diligence is that it varies by state. Each state has its own rules and regulations regarding sales and use tax, and these rules can change frequently. This means that companies involved in M&A transactions need to be aware of the specific sales and use tax laws in each state where they operate or plan to operate.

When performing a due diligence review, it is important to address the target company’s sales and use tax exposure by reviewing nexus, previously filed tax returns, payment history, and any audits or assessments. This will help identify any potential liabilities, such as underpayment or non-payment of sales and use taxes.

It is also important to assess the target company’s sales and use tax compliance processes, including the accuracy of tax calculations, the appropriate use of exemptions and credits, and the maintenance of proper documentation.

Another important consideration in a due diligence review is the potential impact of sales and use tax on the transaction itself. In some cases, the buyer may be responsible for any unpaid sales and use tax liabilities of the target company. This can significantly increase the cost of the transaction and impact the profitability of the deal.

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