From category archives: Boulay

State and Local Tax

Congress Takes Action on Taxes in Year-End Budget Bill

Congress added a number of tax extenders and changes to retirement plan rules to a must-sign budget bill that was passed and signed into law right before the holiday break.  

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Wisconsin – Income and Franchise Tax Nexus

New income tax and franchise tax regulations, CR 18-081, were finalized by the Wisconsin Department of Revenue. The new rules provide guidance on the level and types of activities that will create nexus for out-of-state businesses.

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Oregon’s Commercial Activity Tax (CAT)

Enacted in May 2019 with H.B. 3427, Oregon’s Commercial Activity Tax (CAT) becomes effective for periods beginning on or after January 1, 2020. Language in the bill makes it clear the federal protections of Public Law 86-272 do not apply, so the CAT will be broadly applicable to virtually all businesses with customers located in Oregon, including corporations and pass-through entities.

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Minnesota Local Sales Tax Nexus: Big Change for Some Taxpayers

The South Dakota vs. Wayfair U.S. Supreme Court ruling from June 2018 continues to spur new state laws and guidance. The newest change impacting Minnesota sales tax registrants has to do with requirements to collect local sales taxes. On September 7, 2018, the Minnesota Department of Revenue informed taxpayers they must collect local Minnesota sales taxes on certain sales even if their business does not have physical presence in those local jurisdictions. Businesses primarily impacted will be those delivering taxable products/services to their customers’ locations in Minnesota. Retailers only making point of sale transactions to customers who visit their retail business locations may not experience a change.

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Minnesota and Wisconsin Announce Sales Tax Collection Requirements for Remote Sellers

Since the U.S. Supreme Court’s decision in South Dakota v. Wayfair on June 21, which allowed states to require retailers to collect sales tax on purchases made by residents of states where the retailer has no physical presence, states have been providing a steady stream of guidance announcing their own intentions to begin sales tax collection by remote sellers. Minnesota and Wisconsin are two of the latest states to make such announcements, stating that remote sellers will be required to collect sales tax from residents beginning October 1.

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Quill is Gone: What Does that Mean for Physical Presence Requirements?

On June 21, 2018, the U.S. Supreme Court sided with the State of South Dakota to overcome the physical presence test required by the 1992 Quill Corp. v. North Dakota case. In Quill, the Court required retailers to have physical presence in a state before it could be held responsible for sales tax in that state.

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Remote Seller Notice and Reporting Requirements

States have problems enforcing sales and use tax laws, period. This is especially true when remote sellers ship products to in-state customers but do not charge sales tax. Advocates of the status quo may argue that purchasers still have an obligation to self-assess use tax. But when was the last time you self-assessed tax for your online purchases? Assuming you said ‘never,’ you’re not alone. Self-assessment is virtually unheard of by most individual consumers. Businesses are better at self-assessments, but compliance is far from 100%.

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Amazon Required to Identify FBA Sellers to State Authorities

Ever wondered how your business could wind up on some far-off state tax department’s hit list? How would another state, city or county jurisdiction ever know your company’s name, let alone have reason to question you about income taxes or sales taxes? These questions are common when businesses receive state tax questionnaires or notice letters. Conversations about how the department of revenue got your name generally result in guessing games. However, we do know that states are looking at one new method when it comes to sellers utilizing the Fulfilled By Amazon (FBA) program.

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Sales Tax Nexus Showdown – 'South Dakota v. Wayfair, Overstock and Newegg'

The U.S. Supreme Court established the physical presence standard for sales and use tax nexus 26 years ago with its Quill Corp. v. North Dakota decision. Nonetheless, in Quill, the Court said it was up to Congress to determine constitutional standards for allowing states to determine sales and use tax collection obligations. Congress has considered various legislative options but has yet to act, leading many states in recent years to create laws directly challenging Quill in the hope of motivating the Court to reconsider its physical presence standard. The states’ efforts paid off on Friday, January 12, 2018, when the U.S. Supreme Court granted certiorari in South Dakota v. Wayfair, Overstock and Newegg. This means the sales tax nexus issue will have its day in court once again.

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Summer is a Good Time to Start your 2017 Tax Planning and Organize your Tax Records

You may be tempted to forget all about taxes during summertime, when “the livin’ is easy,” as the Gershwin song goes. But if you start your tax planning now, you may avoid an unpleasant tax surprise when you file next year. 

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