Gray Areas In State Sales Tax: What You Need To Know Now

Tax legislation can be difficult to understand. It is not black and white; individuals sometimes interpret the same law in different ways. While most people can agree on the basics of sales tax laws , there are plenty of gray areas as the laws get more specific, especially if you are new to multistate sales tax compliance. In this blog article, we look at two areas of sales tax that often cause confusion: the taxation of digital products and services.

Digital Products & Sales Tax Confusion

SaaS and sales tax may at first seem like a straightforward area of taxation, but if you have kept up on our other blog articles linked here and here, you know it can get confusing quickly.

For example, we worked with a client who developed a product on a platform they charge a subscription for, so it sounds like it would fit into a SaaS category. But given the way their customers interact with the product, it also could be categorized as an information service.

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Monika Miles: States Sales Tax Reliance

Have you ever gone to the store, bought something, looked at your receipt and said to yourself, “This item only cost $25, why did I pay $28 for it?” Well $3 was due to sales tax, which many people STILL fail to mentally figure in before going to the register. You may gasp and think to yourself, “Gosh, this amount is really high.” Well you were probably in a state that relies heavily on sales tax for revenue.

According to a study by the Tax Foundation in 2017, sales tax is the second largest source of state and local tax revenue behind property taxes .

Most states have a layered system of sales tax, which includes a state portion, a county portion, and then local sales taxes. Eight states administer a sales tax only at the state level, but not the local level: Connecticut, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan and Rhode Island. And of the 50 United States, there are 5 which do not levy a state sales tax at all: the “NOMAD” states of New Hampshire, Oregon, Montana, Alaska and Delaware. Note that Alaska does allow local sales tax to be levied.

In this article, we explore various states and how their sales tax rates compare. We also take a look at which states are most dependent on sales tax revenue. As many states are beginning to take stock of the toll the Covid-19 pandemic is taking in terms of sheer dollar cost at the state and local levels, it’s an interesting time to consider where funding is going to come from.
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So, what’s new in state sales tax?  As of 6/21/18 – EVERYTHING!!

In a  highly anticipated ruling, the U.S. Supreme Court ruled 5-4 in favor of overturning its 1992 decision in Quill, which set a standard requiring substantial physical presence before a state could enforce the sales tax collection responsibilities on a seller.  In today’s case, South Dakota v. Wayfair, Inc., writing for the Court’s majority, Justice Anthony Kennedy indicated “…the Court concludes that the physical presence rule of Quill is unsound and incorrect.  The Court’s decision in Quill Corp v. North Dakota, 504 U.S. 298 (1992), and National Bellas Hess, Inc. v. Department of Revenue of Ill., 386 U.S. 753 (1967), should be, and now are, overruled.”

What does this mean?  The short answer is that companies will now need to consider not only whether they have physical presence (or “boots on the ground”) nexus in a given state, but also whether their sales activity in a state exceeds certain “economic nexus” thresholds (such as the South Dakota threshold of $100,000 of sales or 200 annual transactions).  If so, they will need to register with the state and collect and remit sales taxes.  Note that the ruling only addresses the South Dakota legislation, which also was not retroactive.

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Am I Required To Collect Sales Tax Based Upon The Customer’s Tax Rate Or The Tax Rate Where I Operate My Business?

TaxConnections selects a question from our Ask Tax Questions feature each week and invites tax professionals to offer their thoughts and comments below. Our site visitors genuinely appreciate your guidance on tax matters.

Our members know answering tax questions is a wonderful way to meet a steady stream of new clients who need your tax expertise.

Learn About TaxConnections Membership.

 

Business Climate

Today, much of the economy of Rhode Island is based in services, particularly healthcare and education, and still manufacturing to some extent. The state’s nautical history continues into the 21st century in the form of nuclear submarine construction.

The headquarters of Citizens Financial Group, the 14th largest bank in the U.S., is located in Providence. The fortune 500 companies CVS Caremark and Textron are based in Woonsocket and Providence, respectively. FM Global, GTECH Corporation, Hasbro, American Power Conversion, Nortek, and Amica Mutual Insurance are all Fortune 1000 companies that are based in Rhode Island.

Health Services are Rhode Island’s largest industry. Second is tourism, supporting 39,000 jobs. The third-largest industry is manufacturing. Its industrial outputs are submarine construction, shipbuilding, costume jewelry, fabricated metal products, electrical equipment, machinery, and boatbuilding. Rhode Island’s agricultural outputs are nursery stock, vegetables, dairy products and eggs.

Tax Climate  

The individual income tax rates range from 3.75% to 5.99%, and the top corporate income tax rate is 7%.

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Internet Taxation

Howdy, my fellow finance nerds! It’s Penny again, and I’ve just embarked on yet another quest to understand this wacky U.S. tax code of ours. This week, I’ll be talking Internet taxation – and we’ll dive into the “Amazon Tax” in particular.

Ever heard of it? If you’re like me, the answer is probably no. And, like me, you’ve likely enjoyed using Amazon for years now, marveling at the low pricing but utterly failing to realize that you’ve escaped paying sales taxes during each and every one of your online checkouts.

The federal government doesn’t collect sales tax, so Amazon’s largely escaped the sales tax situation for years now. However, now that the economy’s in the toilet, many state lawmakers have begun rabidly digging for revenue-generating solutions. Amazon is one company on the chopping block, and eight states have enacted legislation compelling the ecommerce giant to start coughing up its fair share of government dues. More states are likely to join the movement, and the change will usher in a new (and way more expensive) era for online retailers and their customers.

Understanding the Amazon Tax

Apparently, I wasn’t the only one who didn’t quite “get” the Amazon Tax. Here’s a recent question from Tax Connections posted by a member who was equally confused:

 

Never fear – Tax Pro Debbie Tolbert to the rescue! Debbie works double duty as both owner and manager at Friends Doin’ Taxes, LLC in Lake Ozark, Missouri. Lordy, she must have her hands full! Here’s what Debbie had to say about the Amazon Tax:

I checked out her listed resource – along with a few of my own, of course – and found out quite a bit about Amazon’s tax debacle. I also discovered that Internet taxation in general is gaining a ridiculous amount of attention these days, and we’re likely to hear about it much more in the years ahead.

Amazon and Accountability for Internet Commerce

Eight states have officially enacted taxes for residents on their Amazon purchases. So far, only Kansas, Kentucky, New York, North Dakota, Texas, Washington, California, and Pennsylvania have taken the plunge. However, New Jersey, Virginia, Indiana, Nevada, Tennessee, and South Carolina aren’t far behind – these states have already introduced legislation to do the same, and their taxes are expected to roll out over the next two to three years. There’s a predetermined date set for each state.

Those in favor of the Amazon Tax maintain that it’s grossly unfair to force brick-and-mortar stores in a state to collect sales tax while simultaneously allowing Amazon to sell to those same state residents tax-free. That’s why Amazon’s feet are roasting in the proverbial fire right now – the company has flat refused to charge sales tax in states without laws compelling it to do so. Here’s what makes matters worse: in many of the tax-free states, Amazon even maintains warehouses and other business offices – meaning it’s not just operating online in these areas… the company also has a physical presence.

The only thing Amazon’s said about the matter is that it would support some kind of federal fix-it that would be both simple and fair, but the government didn’t give a hoot about what Amazon would support. Back in May of 2011, Congress enacted sweeping legislation that granted states the authority to tax their residents on out-of-state sales.

The Motley Fool recently published a great piece about Internet taxation, and in it, the author pointed out that Internet sales tax is a reality that’s coming – regardless of whether the online world is ready. There will be winners and losers across the board when Internet sales tax does eventually become a common practice. For instance, EBay will have a definite edge over Amazon since it is nothing more than a platform for sellers to make transactions on their own. EBay doesn’t hold any inventory, so it will have the ability to mitigate sales tax far more effectively than Amazon.

Plus, according to the Fool article, EBay has unique access to a possible loophole in the tax code. Since individuals sell their goods on the platform, they could fall under a special exemption – which may mean sales tax wouldn’t apply.

This all translates to a shift in the online retail dynamic – and we’ll see companies rise and fall as taxes are applied to ecommerce companies. Services like EBay and PayPal have definite advantages, but physical retailers such as Amazon may struggle markedly in the years ahead.

Conclusions

For you and me, all this may seem to mean nothing. But it does – even though it appears that Internet sales taxes would be a bad thing for us as consumers, it may end up being good. We’ll see companies lower prices and claw at one another to stay afloat by attracting our business. We’ll come up roses after state taxes regulate online commerce, and our wallets will be fuller as a result.

That’s it for me, my taxpaying friends! I hope you learned something today, and don’t forget to tune in next week for another round of ol’ Penny’s tax-loving adventures.

Making Cents Count,

Penny