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from Sabrix Tax Experts

Sales and Use Tax News

My name is Coco Hardy and I am a Senior Tax Analyst for Sabrix and lead the group responsible for maintaining all US rates and calculation logic.  I earned my BBA in Accounting with an emphasis in Internal Audit from Boise State University.  I’ve been working for Sabrix for 2 ½ years, prior to which I’ve worked in forensic accounting and was a controller overseeing revenues and expenditures (including Sales Tax Expense and Sales Tax Payable).

Working in the Worldwide Tax Research Department I constantly filter through a large influx of news and information to stay abreast of all the sales and use tax changes.  I’m excited to now have the opportunity to share with you some of the more interesting things that I stumble upon. 

February Sales and Use Tax Rate Changes

Wednesday, February 3, 2010 by Coco Hardy
Sorry for the delay but another month has rolled around and it's time to talk about what sales and use tax rate changes are effective.  It is February and it's not a particularly popular month to change your rates unless you're in Alabama. 

The following cities/counties in Alabama had rate changes effective 2/1/10:
Cusseta
Dale County
Hamilton
Jackson
Warrior

Also Oakman (city) will no longer be administered by the State of Alabama and will be administered by AlaTax (RDS).

Stay tuned for updates on rate changes that are becoming effective.

January Sales and Use Tax Rate Changes

Tuesday, December 29, 2009 by Coco Hardy

January is just around the corner and in the sales and use tax world that means that a lot of changes are becoming effective.  January is typically the month that has by and large the most changes out of any other month of the year, a close second is July which is then followed by April and October.  Here are a couple of highlights of some major changes that are taking effect.  However, because of the sheer amount I cannot cover them all and if you need to find out if the jurisdictions you're registered in are changing I recommend going directly to the source (the sales and use tax administrator).

Georgia
Muscogee County (home to Columbus and Fort Benning) is increasing their Educational sales and use tax rate which brings their total rate to 3%.

Massachusetts
Eating out is getting more expensive in several more towns as they impose a 0.75% sales tax on meals eaten at a restaurant or similar establishment.

Missouri
For those of you doing business in Missouri you may be aware of Transportation Development Districts.  These are small districts (typically shopping complexes) that can levy a sales and use tax to recoup expenses incurred while developing the land.  In the past these have been either administered by the city in which the district is or by a third-party.  Beginning in January these districts will be administered by the state.  See the state announcement for more details.

North Dakota
Fargo, among other cities is increasing their sales and use tax rate (to 2% up from 1.5%).

There are many more that I didn't mention so if you are wondering about your specific location I once again encourage you to contact the administrator of the sales and use taxes you're interested in.  I hope everyone has a safe and happy new year.
 

Cook County Sales Tax Rate Decreasing 07/2010

Wednesday, December 2, 2009 by Coco Hardy
Cook County is popping up in the new again.  There has been an on-going battle for months now between the County Commissioners and the County President (you may have seen an earlier blog of mine).  The commissioners want the county sales tax to go back down to 1.25 from 1.75 and the president has been vetoing the roll back. 

Yesterday the commissioners were finally able to override the presidents veto.  The county sales tax rate will be 1.25% effective July 1, 2010.  This news was reported in the Chicago Tribune among many other news outlets.

December Sales and Use Tax Rate Changes

Wednesday, November 18, 2009 by Coco Hardy

December is a slow month in the sales and use tax world.  There are some rates changing in Alabama.  There are also some sales tax holidays in Alaska.  Absent from this year's roster of sales tax holidays is the one in DC that in the past has begun on the day after Thanksgiving and ran for 10 days.  This holiday along with their summer back to school sales tax holiday were eliminated this year as a result of budget cuts. 

December also marks the beginning of New York's 4th quarter.  They operate on a quarter schedule unique to them.  Despite it being the beginning of the quarter we haven't seen any changes to the standard sales and use tax rates so far. There are however, some changes to the Local Sales and Use Tax Rates on Sales and Installations of Residential Solar Energy Systems Equipment which are published on the 718-S

While December has been slow, January will be sure to make up for it.  We're already seeing several states and jurisdictions post changes that will be effective on Jan 1 and there are more to come.


Sales Tax Amnesty in LA a success!

Thursday, November 5, 2009 by Coco Hardy
Governor Bobby Jindal of Louisiana held a press conference yesterday and announced that the sales tax amnesty program which concluded on October 31st brought in $303.7 million and they're still counting.  A press release is available on the governor's website but here are some of the highlights. 

The total collections include $256 million from audits and $47.7 million from receivables.
$90 million of the collections will be deposited into the coastal fund.
$86 million will go towards replenishing the state Budget Stabilization Fund.
The remaining $127.7 million in tax amnesty collections will be used to offset reductions currently slated to health care services in FY 2010-2011.

It was also mentioned that LA amnesty program was more successful than what other states have seen.  Check out the announcement regarding the New Jersey program earlier this year in Governor Corzine's press release.

Flu Shot - Subject to Use Tax?

Tuesday, October 27, 2009 by Coco Hardy
I came across a letter ruling in Illinois regarding the flu shot.  Of course with the additional risk of contracting the H1N1 strain getting your flu shots has been a hot topic in the media.  So when I saw the letter ruling (ST 09-0118-GIL) I couldn't resist sharing it with you.

A company sought advice from the Illinois Department of Revenue as to whether a voucher given away that can be redeemed for a flu vaccine should be subject to use tax.  The voucher is not a part of a coupon program that will be reimbursed by the manufacturer and the flu shot does not require a prescription. 

Use tax is like the other half of sales tax.  Generally when you sell something at retail and there is no legal exemption you collect a sales tax from your customer.  Well there are also those times when you buy things when no sales tax was collected from you.  In general (keep in mind that for every rule there is an exemption) if you are the end user of a good and/or you are not going to resell the good then you are obligated to self-assess a use tax on the good(s).

That is essentially what IL indicates.  The letter ruling states as follows:
"When property is purchased and then given away, the donor has made a taxable use of the property by making such gift. Therefore, it is the donor of the gift who is deemed the end user of the property and who is subject to the Use Tax, rather than the donee. See 86 Ill. Adm. Code 150.305(c)."

So the company pays the use tax.  The government gets their funds.  We all get our flu shots and all is well.  Well I guess if you're in IL that is.

November Sales and Use Tax Rate Changes

Thursday, October 22, 2009 by Coco Hardy

November tends to be a slower month for sales and use tax changes.  There are a couple of rate changes in Alabama because lets face it - there are always changes in Alabama.  There is also a two month sales tax holiday in Skagway, AK on tangible personal property and weekend long sales tax holiday in North Carolina on non-business energy star products.  In addition, the energy product sales tax holiday is ongoing in West Virginia and will conclude at the end of November.

Also coming up is the major election day on November 3rd.  Several sales and use tax measures will be up to a public vote.  Some asking for extensions of existing sales and use taxes and others asking for a new levy.  Keep your eye out for these propositions in your ballot.

October Sales and Use Tax Rate Changes

Friday, September 25, 2009 by Coco Hardy

October is just around the corner and that means that a handful of sales and use tax changes are becoming effective.  As is typical with any quarter there are too many changes to talk about each one so I'll cover the major changes that are expected to impact larger areas in this blog.
 

Alaska
Winter is coming soon and for a handful of cities in Alaska it's time to reduce their sales tax rates.  These rates will increase back to what they were in April.




District of Columbia

The sales and use tax rate is increasing from 5.75% to 6%.
 

Georgia and Virginia
Both these states will be offering a sales tax holiday during the month of October on non-business purchases of qualified Energy Star products.  Georgia's holiday will run from 10/1 through 10/4 and offer an exemption on products up to $1,500.  Virginia's holiday will run from 10/9 through 10/12 and offer an exemption on products up to $2,500.  So if you've been intending to purchase a new energy star appliance now's the time to do it.  With the average rate of 5% in VA if you spent $2,500 on an item you could save $125 - not too shabby if you ask me.
 

Massachusetts
People enjoying a meal out on the town can expect to pay 0.75% more in sales taxes in certain cities.  These are new taxes that were just allowed via legislation passed this summer.
 

North Carolina
A simultaneous increase in the state rate and decrease in county rates will keep the overall rate the same.  However when it comes to reporting your taxes make sure they accurately reflect the new state rate and county rates.  The state is increasing by 0.75% while the counties decrease by the same amount.
 

Pennsylvania
Oh Philadelphia.  They have been trying to increase their sales and use tax rate to 2% all summer.  They finally got the legislature on board when they passed HB 1828 authorizing the increase.  This was just in time for Philadelphia to cancel Plan C which would have laid off 3,000 workers and ended several services including those at libraries and health centers.  The governor signed the bill on September 18th which enables the tax to go into effect as early as the 8th.  Sabrix has been in contact with the city and the DOR and have yet to receive official notification of when the change will become effective.  However for those of you using our service rest assured that as soon as we get confirmation directly from the administrator (news articles don't cut it here) we will implement the change to ensure that it is available to our customers prior to when it goes into effect.
 

That about sums up the major and more interesting developments.  We'll be keeping our eye out for more changes that are sure to come in November.
 

September Sales and Use Tax Changes

Saturday, August 22, 2009 by Coco Hardy
September is typically a quiet month for sales and use tax rate changes and this year wasn't much of an exception.  We generally anticipate some local changes in Alabama as they tend to have something change every month.  This year we didn't see any sales tax rate changes but the City of Boaz annexed the Town of Mountainboro into their jurisdiction on 14 August 2009 which impacted the sales taxes that should be collected in that area.

Probably the biggest change is the 1% increase in the state sales and use tax rate in North Carolina.  The rate is increasing from 4.5% to 5.5%.  Keep in mind though that there will be a second increase coming up in October.  You can refer to Robyn Gomez's earlier blog for more details on the sales and use tax effects of the budget bill passed earlier this month.

Just when we thought we got through the big push for Sales Tax Holidays this year.  Three more pop up that will take place at least partially in September.  Two of them are rather minor and will take place Wrangell and Kenai Alaska.  Wrangell will have a one day holiday on the 12th.  Kenai will have a 9 month holiday exempting sales tax on the sales of non-prepared food.  The big holiday is the 3 month holiday exempting the non-business purchases of qualified Energy Star products in West Virginia.   

Other than a few other changes that was the bulk of the activity.  Stayed tuned though, October is sure to bring more changes.

Alabama Amnesty Program Declared a Success

Wednesday, August 19, 2009 by Coco Hardy

The Governor issued a press release on Monday declaring the Alabama Operation Clean Slate amnesty program a success.  The Operation Clean Slate program ran from February 1st through May 15th and brought in $8.1 million in unpaid taxes.  3,161 individuals and businesses came forward during the period to file past due tax returns.  The program was available, but not limited, to Individual and Corporate Income taxes, Business Privilege Tax, and if unregistered with the department, Sales Tax and Use Tax.  During the amnesty period penalties that would normally be assessed for past due sales and use tax liabilities were waved.  Amnesty programs are a great time for businesses to achieve compliance in the states that they many not have been filing in.  If you know that you should register and pay taxes I would encourage you to see if there is an amnesty program currently happening in your state. 

Webinar: Sabrix Delivers SAP Business One Users a New Approach to Sales Tax Compliance

Tuesday, August 11, 2009 by Coco Hardy

Sabrix Delivers SAP Business One Users a New Approach to Sales Tax Compliance

Join me, Sabrix tax expert, Coco Hardy on Thursday, August 20th at 10am PDT to learn how Sabrix Managed Tax Service integrates with SAP Business One to provide a new approach to solving sales and use tax management. Combining on-demand software managed by skilled tax experts, Sabrix MTS allows you to focus on your core business.

REGISTER NOW
August 20th, 2009 at 10am PDT (1pm EDT)
 

August Sales and Use Tax Rate Changes

Friday, July 31, 2009 by Coco Hardy
Aside from sales tax holidays August typically doesn't have too many sales and use tax changes that become effective.  For details on the sales tax holidays see my earlier blog.  Also please be aware of the blog written by Andrea which discusses the repeal of the back to school sales tax holiday which normally occurs in the District of Columbia every August.  This August is a little a-typical in that there are two major changes taking effect.

The first is the 25% increase in the state sales and use tax rate in Massachusetts.  This rate change impacts the general sales and use tax as well as the sales tax levied on meals.  There are several other changes but a first for Massachusetts is that they are allowing local governments to impose a local option tax on the sales of meals up to 0.75%.  More details on the sales tax changes that are going into effect can be found on the Massachusetts Department of Revenue's website. 

We are also seeing some changes in New York City that will become effective 1 August 2009.  For those that do business in the state of New York you're surely aware of the unique quarter that they operate on.  We are currently in the second NY quarter which runs from June through August.  Typically we only see rate changes become effective on the NY quarter starts (March, June, September & December).  So it is indeed unique that there are sales tax changes becoming effective but I guess in this economy nothing is impossible.  The city sales tax rate is increasing from 4% to 4.5% which will bring the total sales and use tax rate to 8.875% on the first.  There are a few other changes but another one to take note of is that there will no longer be a full exemption from New York City's sales tax for the sale of clothing and footwear.  After August the exemption will only apply to the sales of clothing and footwear that are less than $110.  This may hit home to some as many families will be back to school shopping in the upcoming weeks.  All the details of the changes to New York City can be found on the New York Department of Taxation and Finance website.

2009 Back to School Sales Tax Holidays

Tuesday, July 7, 2009 by Coco Hardy

Yes, it’s that time again.  Time for back to school shopping.  States differ on the variety of items that are exempt and the threshold amount.  Most states will exempt clothing and footwear while others will also exempt school supplies and computers as well.  So parents can make sure that their kids have the latest styles for that all important first day of school outfit and stock up on the essentials needed in the classroom too (are trapper keepers still as cool as I remember them to be?).   All while saving on that pesky sales tax.  Here is a brief breakdown of what is going to be offered this month and the next.

Alabama – 8/7/09-8/9/09
Clothing, Computers, Computer Supplies, School Supplies, Books
This holiday can be particularly fun to ensure you remain in compliance - counties and municipalities decide whether or not they would like to participate.

Connecticut – 8/16/09-8/22/09
Clothing, Footwear

District of Columbia – 8/1/09-8/9/09
Clothing, Footwear, School Supplies

Georgia – 7/30/09-8/2/09
Clothing, Footwear, Computers, Computer Accessories, School Supplies

Iowa – 8/7/09-8/9/09
Clothing, Footwear

Louisiana – 8/7/09-8/8/09
Consumer Purchases
Yes – that’s right LA doesn’t discriminate on goods as long as they are tangible personal property that is $2500 or less and purchased for personal use.  However, while in the past a couple parishes have participated, 90% of the time you’ll be paying local sales and use tax.

Massachusetts - ??
Who knows?  At this point nothing is passed but the legislature has been known to approve a sales tax holiday in the 11th hour in prior years.

Missouri – 8/7/09-8/9/09
Clothing, Footwear, School Supplies, Computers, Computer Accessories
Another fun one like AL where locals get to decide if they participate.

Mississippi – 7/31/09-8/1/09
Clothing, Footwear
Brand new sales tax holiday this year!

North Carolina – 8/7/09-8/9/09
Clothing, School Supplies, School Instructional Material, Computers, Computer Supplies, Sports or Recreational Equipment

New Mexico – 8/7/09-8/9/09
Clothing, Footwear, Computers, School Supplies, Computer Equipment

Oklahoma – 8/7/09-8/9/09
Clothing, Footwear

Puerto Rico – 7/15/09-7/17/09
Clothing, Computers, School Supplies
Oh yes, territories can have sales taxes and sales tax holidays too.

South Carolina – 8/7/09-8/9/09
Clothing, School Supplies, Computers

Tennessee – 8/7/09-8/9/09
Clothing, School Supplies, Computers
Even though they canceled their March sales tax holiday this year, this one is still on.

Texas – 8/21/09-8/23/09
Clothing, Footwear, Backpacks, School Supplies
Texas is showing neighboring states what’s up by adding school supplies for the first time this year.

Virginia – 8/7/09-8/9/09
Clothing, Footwear, School Supplies

Vermont – 8/22/09
Consumer products
Yep, another one like LA.

July Sales and Use Tax Rate Changes

Tuesday, July 7, 2009 by Coco Hardy

Working at Sabrix we’ve become accustomed to a large influx of sales and use tax rate changes that become effective 1 July 2009 and this year was no exception.  I’ll hit the high notes here and possibly post some follow up blogs with details on the more interesting developments.

There is a new district tax going into effect in Los Angeles County, California.  In most areas of Los Angeles County the sales and use tax rate is now 9.75%.  However, due to currently existing districts in other areas some cities within the county will have sales tax rates that are 10.25% and 10.75%. 

Arkansas is continuing to lower the sales and use tax rates on the sales of food for home consumption.  Effective July 1st the rate is going from 3% to 2%.

Minnesota is raising their sales and use tax rate from 6.5% to 6.875%.

Nevada increased their sales and use tax rate from 6.5% to 6.85%.  You can see my earlier post titled Nevada State Sales Tax Rate Increase for more details on how that tax was passed.

Also the meals and lodging sales tax rate in New Hampshire is raising from 8% to 9%.

Nevada State Sales Tax Rate Increase

Wednesday, June 3, 2009 by Coco Hardy

As I find new items to blog about I'm starting to think that instead of Sales and Use Tax News my blog should be titled Political Shenanigans.  Maybe it's a sign of the times but it seems that there is more controversy as governments struggle to fill budget gaps.  And such is the case with the Nevada state sales and use tax increase which will become effective 1 July 2009.

SB 429 was first voted and approved by both houses on 22 May 2009.  On the 28th the bill was vetoed by Governor Jim Gibbons.  He sent a letter to the Senate Majority Leader and issued a press release the same day.  The following is stated in the press release, "... I find this budget is a job-killing, economy-crushing insult to the working families of Nevada."  So it seems pretty clear how the Governor feels about raising taxes.  Despite all the Governor's efforts the veto was overridden on 28 May 2009 by the Senate and 29 May 2009 by the Assembly. 

There are several tax increases in SB 429 making it the largest tax increase in Nevada history.  Included is the state sales and use tax rate increase of 0.35% increasing the Local School Support Tax from 2.25% to 2.6%.  This will bring the total state sales and use tax rate from 6.5% to 6.85%.  Also keep in mind that there are local sales tax levies at the county levy to so in some areas the sales tax rate will exceed 6.85% after 1 July 2009.

Vermont Legislature Overrides Governor Veto of Budget

Tuesday, June 2, 2009 by Coco Hardy
The Vermont Legislature successfully overrode Governor Jim Douglas' veto of the budget.  This is quite a historic move and although it seems to be happening more often in various states it is still uncommon to see a governor veto overridden. 

The Vermont Legislature is currently in their first special session of 2009.  The House voted 100-50 to override the veto barely making the two-thirds majority of 100 votes required.  The vote can be viewed on 2 June 2009 House Journal.  The Senate voted 23-5 also attaining the required two-thirds majority but with a little more room to spare.  The vote can be viewed on the 2 June 2009 Senate Journal.

While the budget covers a variety of topics there are a couple implications to sales and use tax to take note of.  The first of which is the imposition of sales and use tax on specified digital products which was defined as "digital audio-visual works, digital audio works, digital books, or ringtones that are transferred electronically".  Looks like those books you purchase for you Kindle and that hot new ring-tone are no longer going to be sales and use tax free.  This portion of the budget goes into 1 July 2009.

Additional sales and use tax related changes pertain to Sec. H. 44 - a sales tax on spirituous liquor which will become effective 1 July 2009, and Sec. H. 45 - cancellation of sales and use tax account which will also become effective 1 July 2009.

Sales Tax Relief for WV Flood Victims

Tuesday, May 26, 2009 by Coco Hardy
On 13 May 2009 West Virginia Governor Joe Manchin signed Executive Order No. 10-09 into law, enacting a suspension of consumer sales and use tax on specific purchases of construction materials being used for flood relief in Boone, Logan, McDowell, Mingo, Raleigh, and Wyoming Counties.  The sales tax exemption became effective immediately (13 May 2009) and will continue until 10 June 2009. 

The sales tax exemption only applies to building materials and supplies used to repair, restore, reconstruct, or replace structures damaged by flooding. It does not apply to the replacement or repair of property that is not classified as a permanent fixture to the structure, non-essential or luxury items, or typical household appliances.  In order to qualify for sales and use tax exemptions, the taxpayer must complete a Flood Exemption Certificate. 

I am very pleased to say that Sabrix first became aware of this on Friday, May 15th and was able to release an update to provide the correct sales tax calculation for flood victims and business selling eligible items on Saturday, May 16th at 9 a.m. PDT.  Trust me, I was not looking forward to bringing the bad news that we needed an additional update when it was Friday morning and the weekend forecast looked great.  However, in retrospect I had nothing to fear and I am so proud to work for a company that has such a commitment to our work product and ensuring sales and use tax compliance. 

For more information on the WV Exemption see here.

Cook County Sales Tax Repeal Vetoed

Tuesday, May 12, 2009 by Coco Hardy

On Monday Cook County Board President Todd H. Stroger vetoed the repeal of the very unpopular 1% sales tax increase that was approved by the Cook County Board last week.  The 1% sales tax rate increase will remain in place unless the county commissioners override the veto by a minimum 14-3 vote or they are able to pass another proposal that President Stroger approves.  Cook County Board President Todd H. Stroger

The sales tax increase went into effect 1 July 2008 and was extremely unpopular then and continues to be so now.  A portion of the City of Chicago is in Cook County where the current sales tax rate is 10.25% (6.25% state sales tax, 1% Cook County Regional Transportation sales tax, 1.75% Cook County sales tax & 1.25% Chicago city sales tax).   Had the repeal been approved the sales tax rate would have dropped to 9.25%. 

President Stroger cites budget shortfalls has the reason he vetoed the sales tax repeal.  However he has made it clear that he's not opposed to eliminating the sales tax as was promised earlier, however the cuts that would be necessary if the sales tax is repealed would put "too much at stake".  Last month he proposed to roll back the increase by 25% which would reduce the cook county sales tax rate to 1.5%.  However the board went with a full repeal instead.

Cook County Board President Todd H. Stroger has issued a statement which can be viewed here.


SC Energy Product & Gun Sales Tax Holiday and Fuel mixing Act Unconstitutional

Tuesday, May 5, 2009 by Coco Hardy
The Supreme Court of South Carolina issued Opinion No. 26645 Monday, May 4th.  They have declared that Act 338 enacted by the General Assembly in 2008 is unconstitutional in its entirety because it violates the one subject rule.

What is the one subject rule?  Well it provides that every piece of legislation be limited to one subject.  Pretty straight forward if you ask me and not a bad idea.  Basically if a subject is unable to pass standing alone, it can’t be rolled into a bigger perhaps more popular bill, to increase the likelihood of it being approved.  

What is Act 338?  It might be what you’d call a three-for, as in three for the price of one.  The bill (S. 1143) starting out innocently enough calling for a sales tax exemption for energy efficient products.  However, after being passed in the Senate and moved on to the House you might saw that’s when trouble started to brew.  The House added an amendment that provided a sales tax exemption for firearms.  That’s right a sales tax holiday exempting state and local sales and use tax on the purchase of “handguns” for a 48-hour period.  A gun sales tax holiday is seeming to become quite popular but that is another blog entry in of itself.  So that’s two, an energy efficient sales tax exemption and a handgun sales tax exemption, the third in the three-for is regarding fuel-blending.  Fuel-blending is not that interesting to me but apparently very interesting to The American Petroleum Institute and BP Products North America Inc. who petitioned the supreme court.

Just when you thought the story was over… the governor vetoed the bill six days after it was initially passed.  The House and Senate then over-rode the veto.  The governor’s reason for the veto was because it violated the one subject rule; a smart man if you ask me.

The Supreme Court thought it best to not take over the legislative process and to declare the act in its entirety as unconstitutional, leaving the law-making up to the legislative body.  So will we see another energy efficient and handgun sales tax holiday in South Carolina?  With the current session ending June 4th time will surely tell.