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State & Local Tax Blog

How do States Tax Construction Contractors?

In most states, if a contractor is performing work on real property, the contractor is deemed to be the final consumer, or the end user of the tangible personal property used to build the real property and, accordingly, must pay sales tax upon those purchases. Accordingly, in most states, as a purchaser of construction services,

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How do States Tax Manufacturing Equipment?

The first thing you need to think about in determining if certain manufacturing equipment can be purchased tax free is what is manufacturing? I’m sure that it comes as no surprise that the definition of the term “manufacturing” varies from state to state. For example, all manufacturing probably includes some processing and/or fabrication, but not

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Sales Tax Audits

What (NOT) To Expect From a Sales Tax Audit

First, don’t be shocked that you’re being audited! You should expect a sales tax audit if you sell to customers in other states. You may even be audited by another state before you get audited by your own. In fact, the odds of getting audited by more than one state are pretty good. This is

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Will Amazon Collect Your State Taxes For You As An FBA Seller?

Maybe They Will… Someday. But Not Today, or Tomorrow, or Yesterday. South Carolina has announced that they will pursue Amazon directly to force Amazon to collect sales taxes on behalf of Amazon sellers on sales to South Carolina customers. If all states adopted this policy and Amazon simply agreed with it today, it sure would

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Statute of Limitations for Sales & Use Tax

Statutes of limitations are laws that restrict the maximum time after an event that legal proceedings may be initiated. Once the period of time specified in a statute of limitation passes, a claim can no longer be validly filed. State tax laws have statutes of limitations also. As time passes, earlier tax periods “expire” and companies

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Let’s Not Panic and Go Overboard

We advocate being conservative when it comes to sales/use tax nexus. We don’t want your business to be destroyed by an audit out of the blue. When you haven’t filed sales tax returns in a state, the statute of limitations can be a lot longer or even nonexistent. If the state audits you, they could

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Top 5 Questions From Online Sellers About Sales Tax

These are exciting times for online sellers. There is tons of opportunity everywhere, but with opportunities come challenges. In reality, online sellers face a very difficult environment. Competition is fierce and change is constant. Just staying on top of the ever changing technology and platforms is a challenge, not to mention keeping up with pricing pressure

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It’s All Fun and Games Until Somebody Goes to Jail

It’s All Fun and Games Until Somebody Goes to Jail October 4th, 2012 by Andy Johnson The Tampa Bay Times just published an article about a restaurant owner in Florida. arrested and charged with a felony for failing to pay sales taxes that he had collected last year. He faces up to 30 years in prison. We

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