Posts by Betsy Tuck
Georgia and South Carolina Provide Guidance Regarding Sales Tax on “Fees”
By: Betsy Goldstein, SALT Manager At a glance Schedule a free consultation today to learn more! The full story: As businesses experience increasing costs, they are looking for creative ways to recover some of those costs without expressly raising the price of their goods and services. The result is that consumers are seeing more “fees”…
Read MoreColorado and Wisconsin Offer Conflicting Sales Tax Views of Taxpayer’s Online Learning Platform
By: Betsy Goldstein, SALT Manager At a glance Schedule a free consultation today to learn more! The full story: In the July 2021 issue of our SALT Newsletter, we reported on an Iowa Department of Revenue declaratory order issued on a request submitted by Study.com. As a quick refresher, Study.com (“the petitioner”) requested guidance from…
Read MoreNews for Iowa Businesses: Study.com’s Online Learning Platform is Subject to Sales Tax as SaaS
By: Betsy Goldstein, SALT Manager At a glance The main takeaway: There has been much debate across states regarding the taxability of software and services accessed online. Impact on your business: The Iowa Department of Revenue’s ruling regarding Study.com, and the taxability of its online learning platform as SaaS, has major implications for businesses that…
Read MoreTo Tax or Not to Tax? Using the True Object Test to Assess Sales Taxability
By: Betsy Tuck, State and Local Tax Manager at Aprio At a Glance: The Main Takeaway: In today’s growing, tech-fueled economy, it can be hard to distinguish a “service” from “software,” especially when it comes to assessing sales tax. Impact on Your Business: A recent letter ruling out of Tennessee looks at this issue and applies the…
Read MoreThe Liquidation Exception to Business Income: When It Does and Doesn’t Apply
Some states provide an exemption to business income for liquidations and will instead classify gains from such transactions as nonbusiness income. However, the specific requirements for claiming the liquidation exemption must be satisfied, and states are likely to apply a narrow interpretation to those requirements. By: Betsy Tuck, State and Local Tax Manager at Aprio…
Read MoreArkansas Ruling Treats Short-Term Car Rental Platform as a Marketplace Facilitator
As the sharing economy continues to expand, businesses that create online platforms to facilitate those transactions may be required to collect sales and use tax under economic nexus and marketplace facilitator rules. By: Betsy Tuck, SALT Manager The sharing economy is everywhere. Where there is a good or service to sell and a buyer, there…
Read MoreVirginia Rules That Separate Charges for Photo Booth Rentals in Party Services Contract Were Taxable
When vendors sell property and services for a single price or pursuant to a single contract, it is important to understand the sales tax implications and how the “true object” test may or may not apply, as explained in this Virginia tax ruling. By: Betsy Tuck, SALT Manager In a recent Virginia tax ruling addressing…
Read MoreTennessee Ruling Concludes that Certain Audio and Visual Services Constitute Taxable Digital Products
A recent Tennessee Revenue Ruling explains the application of the state’s sales tax on digital products to the taxpayer’s audio/visual services. Businesses should consider whether their products/services might be taxable as digital products. By: Betsy Tuck, SALT Manager States traditionally assess sales tax on tangible personal property, including intellectual property sold via tangible mediums, such…
Read MoreMichigan Supreme Court Rules That Services Are Sourced to Location of Performance for Local Income Taxes
Sometimes, the application of a state tax rule can hinge on the interpretation of one word, which was the case when the Michigan Supreme Court was asked whether “services rendered” meant “services performed” or “services delivered” for apportionment purposes under Detroit’s income tax. By: Betsy Tuck, SALT Manager In the February 2018 issue of the…
Read MoreCalifornia Imposed Successor Liability on Purchaser of Restaurant Assets
When acquiring the assets of a business, be careful how the transaction is structured or you may be deemed to be a business successor that is liable for the predecessor’s sales taxes. By Betsy Tuck, SALT Manager Are you considering buying the assets of a business? Have you considered that you may be responsible for…
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