MSDTaxLaw.com

Archive for November 2018

TopGolf, Walmart, and Target Challenge Florida DBPR Restaurant Rule

Remember when food trucks were the new threat to “traditional” restaurants?  Or how about the fast-casual concept that was sparked by the likes of Chipotle?  Even reminiscing on sentimental moments, childhoods were forever changed with the invention of the ‘Happy Meal.’  The dining industry is everchanging, yet the Sunshine State is handicapping innovative restaurant owners’…

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North Carolina Provides Guidance on Photograph Tint or Color Charges

North Carolina issued guidance to retailers who derive gross receipts from sales of services to tint or color photographs. Effective September 1, 2018, charges for tinting or coloring a consumer’s tangible or digital photograph are subject to North Carolina sales and use tax. Specifically, the sales price or gross receipts derived from these services are…

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Texas Sales & Use Tax Guide for Aircraft

Aircraft are a complex piece of machinery. Aircraft tax issues are even more complex, creating a tax minefield for the unwary. If a taxpayer navigates carefully, they can potentially come out with a reduced, or zero, tax liability for the aircraft. However, the slightest wrong move will leave the most careful owner with a sizeable…

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Texas Jumps on the Economic Nexus Bandwagon

Over the summer, the United States Supreme Court ruled in South Dakota v. Wayfair that no longer is a physical presence required for a state to mandate a seller to collect sales tax. Instead, states are now allowed free reign to require a seller to collect sales tax if the seller sells a certain dollar…

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South Carolina Updated Per Capita Figures Released

The South Carolina Department of Revenue has released the updated per capita income figures, as well as state figures for all the counties within the state for the purpose of calculating property, income, and sales tax incentives. The most recent available state per capita income figure is $40,421. The incentives that depend on these figures…

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Sales Tax Danger for FBA Users

Sellers using fulfilled by Amazon (“FBA”) services have unique issues with respect to charging, collecting, and remitting sales and use taxes across the country.  Often unaware of potential issues, FBA users are regularly blindsided by receiving a nexus letter from a state, which often is an indirect way of the state asserting that you have…

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North Carolina Governor Proposes Budget Adjustments

The North Carolina Office of State Budget and Management released Governor Roy Cooper’s proposed budget adjustments.  Included in these proposed adjustments are changes to certain sales and use tax provisions. Specifically, the proposal calls for the maintenance of the repealed mill machinery privilege tax and the sales tax exemption for order fulfillment centers. As a result,…

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North Carolina Eliminates Certain Machinery and Equipment Tax

Effective July 1, 2018, Article 5F of Chapter 105 of the North Carolina General Statutes will be repealed for sales and purchases occurring on or after that date. Consequently, sales and purchases on or after July 1, 2018, of qualifying mill machinery, mill machinery parts or accessories, and other qualifying items for specific industries will no…

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North Carolina Tax Changes to Certain Lease or Rental Billings

North Carolina issued a directive addressing the taxability of certain monthly or other periodic leases or rental billings assessed to tangible personal property or digital property. Effective September 1, 2018, anyone who leases or rents tangible personal property or digital property is required to collect and remit the applicable tax on gross receipts derived from…

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