Jan 17, 2024 | Sales and Use Tax
To keep up with the digital age, over half of the states across the U.S. have implemented sales and use tax laws and regulations related to digital goods, and there are undoubtedly more to come. It is important to stay informed of these changes and to comply with any updates that may affect your business.
Pre-Wayfair, the sale of digital goods was not subject to sales tax, but now, many states require that sales tax be collected on all digital goods sold within their borders. This includes digital audiovisual works, digital audio works, and digital books, to name a few, as well as digital goods sold through a marketplace such as Amazon or Etsy.
These changes vary by state, so it is important to check the specific laws and regulations for any state where you are selling digital goods. As always, it is best to consult with a tax professional if you have questions or concerns about how these changes may affect you or your business.
Thompson Tax is here to help. Please reach out to us today with any questions you may have. We are your Trusted Tax Advisors.
Jan 9, 2024 | Sales and Use Tax
A significant change to Ohio’s Corporate Activity Tax (CAT) took effect on January 1st. The CAT, which was implemented in 2005, has had a minimum filing threshold of $150,000.00 in taxable gross receipts since its inception. As of 2024, the filing threshold has increased to three million dollars and will double in 2025 to a threshold of six million dollars.
If you are a current Ohio CAT filer and will no longer meet the new threshold requirements for 2024, you may cancel your account with an effective date of December 31, 2023.
Please contact Thompson Tax for any questions you may have regarding this change. We are happy to discuss your options and can assist with final return filing and account closure if you do not meet the 2024 threshold.
Jan 3, 2024 | Sales and Use Tax
Keeping a close eye on sales and use tax trends is an essential business practice. While it’s impossible to predict the future with complete accuracy, several factors can help businesses make informed projections.
One key factor that will impact sales and use tax during 2024 is the continued growth of e-commerce. As more and more consumers turn to online shopping, states will continue to update their sales and use tax laws to ensure they collect the appropriate taxes from online retailers.
Another factor to consider is the potential for changes in tax legislation at the state level that could impact sales and use tax rates, exemptions, and regulations.
It is also important to consider the overall economic climate. As the economy continues to recover from the pandemic, businesses should consider how growth or contraction in their industry could further impact sales and use tax revenue.
Thompson Tax is here to help your business monitor these changes and stay abreast of new tax laws. Please feel free to reach out to us with any questions you may have. We are here for YOU!
Aug 3, 2023 | Sales and Use Tax
Mississippi now offers a Sales and Use Tax Direct Pay Permit for purchases of Computer Software and Software Services.
Vendors who sell, rent, or lease computer software or computer software services do not need to collect sales tax on purchases when a permit is presented. Instead, purchasers utilizing the permit will be required to pay the tax directly to the Mississippi Department of Revenue.
Please note: If you already have a Direct Pay permit, you will not need to apply for a separate Computer Software Direct Pay Permit.
Jul 14, 2023 | Sales and Use Tax
Effective January 1, 2024, Georgia will apply sales and use tax on the retail purchase of digital products, digital codes, and other digital goods that are transferred electronically to end-users in Georgia. The new digital sales and use tax will apply to the goods and products outlined below, provided that the end-user uses the digital products for personal consumption and not commercial use and is authorized to use the product, good, or code permanently after purchase with no obligation to continue paying for the product, good, or code after the initial sale.
Taxable Goods Under S.B. 56
- Specified Digital Products
- Such as digital audio video works, audio works, digital books, etc.
- Other Digital Goods
- Such as artwork, audio greeting cards, video games, newspapers, etc.
- Digital codes
- Such as key or activation codes that convey a right to obtain digital goods.
*For a complete list of taxable items, please contact us directly.
Reseller Exemption
Resellers must retain proper records and documentation to be tax-exempt from the new digital tax.
Pre-Written Computer Software Exemption
When recorded properly, the sale of prewritten computer software delivered by means of ‘load and leave’ remains exempt; however, the exemption expressly does not include the taxable sales of digital products, digital codes, or other digital goods as listed above,
Thompson Tax is Your Trusted Tax Advisor
We understand that changes surrounding tax law can be challenging to understand. That is why we aim to clarify the facts for you. Please reach out to us directly for further information.
Feb 3, 2023 | Sales and Use Tax
The Fair Tax Act of 2023 was recently introduced to Congress. If passed, the Act would allow a federal consumption tax of 23% on all goods and services that would replace most other federal taxes nationwide.
If the Fair Tax Act becomes a law, it would effectively abolish federal corporate taxes, payroll taxes (which include self-employment tax), estate taxes, death taxes, and other federal taxes, such as capital gains. The legislation also looks to abolish the IRS since the Act aims for individual states to impose the levy beginning on January 1, 2025.
Multiple provisions are included in the bill. One such provision, the “prebate” provision, would send every household in America a check worth 23% of the poverty line for a household their size to offset some of the burden. Another provision addresses the collection of Social Security and Medicare funding through the new tax.
Although this bill is in its earliest stage, there are many intricacies that are already stemming marked discussion amongst Parties. What are your thoughts about this one size fits all tax proposal and the ever-changing sales tax landscape?
Jan 9, 2023 | General, Sales and Use Tax
The Supreme Judicial Court of Massachusetts has ruled in favor of the taxpayer in the Auto Parts Network Inc. v. Commissioner case. This ruling denies the Massachusetts Commissioner of Revenue to consider the use of cookies, apps, and content delivery networks (CDNs) while deciding whether a vendor has physical nexus with the State of Massachusetts.
The Commissioner of Revenue argued that cookies, downloadable apps, and CDNs created the physical presence in Massachusetts necessary to enforce taxation laws under the Quill v. North Dakota standard. By using this standard, the audit division of the Department of Revenue sought to require US Auto Parts to register for, collect, and remit sales tax in Massachusetts. As additional evidence of the commissioner’s claim, they argued that the standard established by Wayfair v. South Dakota could be applied retroactively to require enforcement of 830 Mass Regs § 64H.1.7 when applied to out-of-state vendors.
After deferring to the Appellate Tax Board and then the U.S. Supreme Court, the Massachusetts High Court ruled in favor of the taxpayer.
Please let us know if you have any questions about this case or how it may affect your business.
Nov 22, 2022 | Sales and Use Tax
Regulation 1684.5, an emergency regulation that was put into place by the California Department of Tax and Fee Administration (CDTFA) after the South Dakota v. Wayfair, Inc. decision was made in 2018 (138 S. Ct. 2080), is now undergoing the formal regulatory process to propose potential amendments. The regulation was initially put in place to govern the collection of use tax from out-of-state taxpayers that sell tangible personal property using the internet. The proposed amendments could impose extra requirements on “marketplace facilitators” and may impact additional taxpayers as well. Written comments from interested parties will be accepted until January 3, 2023 and a public hearing will be held if requested in writing prior to December 19, 2022.
Oct 24, 2022 | Sales and Use Tax
On October 17, 2022, Circuit Court Judge Alison Asti ruled that Maryland’s Digital Advertising Services Tax (DAT) which went into effect on January 1, 2022, violates the Internet Tax Freedom Act (ITFA) which prohibits discrimination against electronic commerce, the Commerce Clause which prohibits state interference with interstate commerce, and the First Amendment of the U.S. Constitution. The Maryland Comptroller is expected to appeal the decision, but for now, although taxpayers are subject to estimated tax provisions, they are no longer required to file a return or pay the DAT. Taxpayers who have already paid the DAT during 2022 should plan to file refund requests if the decision is not overturned by a higher court.
The Maryland DAT, which is the nation’s first tax on digital advertising, is being addressed in federal courts as well.
Jun 15, 2022 | Sales and Use Tax
Beginning July 1, 2022, Colorado will begin assessing a .27 retail delivery fee on purchases of tangible personal property that will be delivered by motor vehicle (USPS, Fed Ex, UPS, etc.) within the state. If a motor vehicle is involved in shipping, in any way from the time the order is accepted until final delivery, the delivery fee will be assessed. The purchaser is responsible for paying the fee; however, retailers and marketplace facilitators are responsible for collection and remittance. Regardless of how many shipments are required to complete the delivery only one fee will be assessed per purchase. Remittance of the fee follows the same filing frequency and due date as the Colorado state sales tax return, but the fee itself is not subject to Colorado sales tax. *Wholesale sales are excluded unless ordered in combination with purchases subject to sales and use tax.
Both in-state and out-of-state retailers with an active sales tax account, a retailer license, and any sales tax liabilities reported after January 1, 2021, will be automatically registered for a Colorado Retail Delivery Fee account. Retailers who are not automatically registered can create an account through the CO DOR website, by filing form DR 1786, or via the CO DOR’s Sales and Use tax System (which will be available by the end of 2022).
Feb 8, 2022 | Sales and Use Tax
Under Sales and Use Tax Rule 96, Tennessee suppliers were required to collect sales tax on products sold to out-of-state dealers and shipped to the out-of-state dealer’s Tennessee customers unless the dealer provided a Tennessee resale certificate or Streamlined Sales Tax Exemption Certificate which included a Tennessee sales tax ID number. As of January 10, 2022, Rule 96 was appealed, and Tennessee suppliers are now able to sell tangible personal property and taxable services to an out-of-state dealer and drop ship the products to an out-of-state dealer’s Tennessee customer without collecting sales and use tax by accepting a resale certificate from the out-of-state dealer’s state or a Streamlined Sales and Use Tax Exemption Certificate that includes the sales tax ID number issued by the out-of-state dealer’s state.
