Ohio Finds that Auto Finance Company’s Receipts are Not “Gross Receipts” Under the Commercial Activity Tax

Ohio’s gross receipts-based Commercial Activity Tax (CAT) excludes from the tax certain categories of receipts, including those from certain financial transactions, so it is important for taxpayers to be aware of the nature of their transactions in order to not overpay their CAT liabilities. By Jess Johannesen, SALT Manager Ohio’s Commercial Activity Tax (“CAT”) is a…

Read More

Massachusetts Explains Application of Multiple Points of Use Exemption for Software Transactions

For businesses that purchase software that will be used concurrently by users in multiple states, sales tax rules may allow the purchaser to provide the seller documentation that certifies the percentage of usage in each state, which could minimize the purchaser’s sales and use tax liability. By Jess Johannesen, SALT Manager State tax laws have always…

Read More

Wyoming Rules That Sale of Business Assets Was Subject to Sales Tax

While most states provide a sales tax exemption for sales of business assets, the specific language of these exemptions differs among jurisdictions, and taxpayers that do not structure their transactions properly may find themselves on the wrong end of a sales tax dispute. By Jess Johannesen, SALT Manager When engaged in a transaction to buy/sell a…

Read More

Massachusetts Will Allow Residents to Claim Tax Credit for the Connecticut Pass-Through Entity Tax

Massachusetts issued a draft directive that will permit resident members of pass-through entities that pay the new Connecticut Pass-Through Entity Tax to claim a tax credit for their share of the tax paid. By Jess Johannesen, SALT Manager In our May 2018 SALT Newsletter, we wrote about the Connecticut Pass-Through Entity Tax (“PTE Tax”) that had…

Read More

Texas Rules That Taxpayer is Providing Taxable Data Processing Services

Whether a particular service should be classified for sales tax purposes as an exempt information service or a taxable data processing service is not always clear, and choosing incorrectly can result in unexpected sales tax exposures. By Jess Johannesen, SALT Manager As technology continues to evolve and reshape the way that businesses operate, state tax laws…

Read More

Maine Supreme Court Upholds Reduction of Taxpayer’s Credit for Taxes Paid to Norwegian County

When claiming resident tax credits for taxes paid to other jurisdictions (even ones outside the U.S.), the taxpayer must recalculate the amount of income subject to tax in the other jurisdiction as determined under the resident state’s rules. By Jess Johannesen, SALT Manager As an individual earning income in multiple states throughout the year, you’re paying…

Read More

Local Louisiana Jurisdiction Rules That Walmart.com is Required to Collect Sales Tax on Third-Party Sales

In this Louisiana court decision, one local parish argued successfully that Walmart.com was responsible for collecting and remitting local sales tax on sales made by third-party retailers on its website, potentially exposing marketplace facilitators to a myriad of complex local sale tax compliance obligations. By Jess Johannesen, SALT Manager In Aprio’s October 2018 SALT Newsletter, we…

Read More