MSDTaxLaw.com

Archive for April 2019

The Sharing Economy and Sales Tax Nexus: A Peer-to-Peer Business Problem

Sales tax nexus is just the more recent issue plaguing peer-to-peer platforms, which have been struggling with tax issues since their inception. June 2018 added a new problem to the mix, when the Supreme Court held in South Dakota vs. Wayfair that states could require businesses to collect and remit sales tax when certain economic…

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California Economic Nexus Changes and Marketplace Facilitator Law

California’s Marketplace Facilitator Act, AB 147, has changed California’s economic nexus law to a $500,000 threshold and enacted a new law classifying marketplace facilitators as the retail seller of all sales they facilitate for a marketplace seller. The new law, enacted April 25, 2019, simplifies California’s sales tax scheme, exempting small businesses and shifting the…

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California Implements Economic Nexus

In South Dakota v. Wayfair, the United States Supreme Court ruled physical presence is no longer required for a state to require a seller to collect sales tax. States can freely require a seller to collect sales tax if the seller sells a certain dollar amount of sales into the state or a minimum number…

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California Sales & Use Tax Guide for Aircraft

Aircraft are a complex piece of machinery. Aircraft tax issues create a tax minefield for the unwary. If you navigate carefully, you can come out potentially with no tax liability for the aircraft or a reduced tax liability. However, the slightest wrong move will leave the most careful owner with a sizeable tax debt to…

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How do you get a Sales Tax ID Number?

Now more than ever, businesses are finding that they need to obtain sales tax ID numbers in the states in which they are doing business. But how, exactly, do businesses go about getting a sales tax ID? Since the Supreme Court of the United States held in South Dakota vs. Wayfair that states could require businesses…

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How to Register your Online Business for Sales Tax

You need to register to pay sales tax with multiple states, but how do you get started? Like many online retailers, you may have discovered the sales tax laws you were familiar with were turned on their head in June 2018 when the landmark decision, South Dakota vs. Wayfair, came down from the Supreme Court…

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When to Register for a Sales Tax Permit

Businesses that know they need to register for sales and use tax may be dragging their feet in deciding when to go through with it. Between June 2018 and April 2019, many businesses have gone from being registered only in the states they are physically located in to needing to register in many states across…

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I have nexus. What next?

Once business owners realize they have sales tax nexus, it is important to understand the registration options that come next. You may have done your research when you first heard about the recent Supreme Court case South Dakota vs. Wayfair that changed United States sales tax law forever. First, you may have looked into what…

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Florida Jumps on Board to Regulate Vapes as Tobacco Products

In Florida, recent legislation seeks to define e-cigarettes as tobacco products and also restrict flavored vape products to be sold at 18 and over stores.   Although some reports have determined that e-cigs and vapes are much safer than traditional cigarettes, the potential harmful effects seem to have motivated the restrictive lawmaking.  Surprisingly, the new law’s…

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Three More States Propose Economic Nexus Legislation

In the growing trend to collect more sales tax, states have turned to economic nexus and marketplace facilitator statutes over the past year. Following the U.S. Supreme Court’s Wayfair decision, which overturned the prior physical presence nexus requirement, states have enacted laws that force companies to collect tax in their state based on sales alone.  The most…

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