How to Avoid E-Commerce Tax Pitfalls

Similar documents
10 Sales Tax Rules to Live By

John Sallese Sales and Use Tax Compliance Expert

Sales Tax 101 For The Small Business Owner

SALES TAX IMPLICATIONS OF DROP SHIPPING

The Sales Tax Knowledge Gap: Are You Ready for Internet Sales Tax? Shane Ratigan, JD LLM Taxation October 2103

Sales and Use Tax Audits Uncovered

Buying into Better Ecommerce

THE EXECUTIVE S GUIDE TO SALES TAX RISK: Hits and Misses among Industry Peers

2017 WAKEFIELD RESEARCH REPORT. What Companies Know About Sales Tax Compliance. Wakefield Research uncovers the highs and lows from the tax pros

Sales Tax Survival Guide. Life-saving tips to keep you afloat in a sea of changing compliance rules. Whitepaper

State Sales Tax on Drop Shipments: Navigating Various States' Rules on Registrations and Exemptions

Sales and Use Tax Audits Uncovered: Who gets audited, why they get audited, and the impact on companies

GET FIRM FOOTING WITH THESE EIGHT AUDIT-READY BEST PRACTICES.

Wayfair The Impact on Manufacturers November 7, 2018

Federal Remote Seller Collection Authority FAQ Workgroup

The Sales and Use Tax Knowledge Gap: What Companies are Really Doing About Sales Tax Compliance

Sales and Use Tax For Quickbooks Users

Navigating Sales & Use Tax w/ Microsoft Dynamics & CCH. Andrew Phillips. Channel Sales Representative, Corporate. May 2, 2014

IMPORTANT TAX INFORMATION

2017 Year-End State and Local Tax Update Jason Sneeringer, CPA Tax Manager

Sales and Use Tax Compliance: Manage the Process; Don t Let the Process Manage You

SALES TAX AND WAYFAIR -

TaxNewsFlash. KPMG report: Compilation of state responses to Wayfair

THE ULTIMATE GUIDE TO Exemption Certificates for Sales Tax Compliance

Drop Shipments and Sales Tax Navigating Varying State t Policies i on Registrations ti and Exemptions

SIMPLIFYING SALES TAX FOR E-COMMERCE MERCHANTS

UNIFORM SALES & USE TAX EXEMPTION/RESALE CERTIFICATE MULTIJURISDICTION

Analysis of the Remote Transactions Parity and Simplification Act and the Remote Transactions Parity Act of 2017

DECIPHERING THE WAYFAIR DECISION

Managing Sales Tax Exemptions

What is State Tax Nexus and How Does the Supreme Court s Wayfair Decision Change Things?

Sales and Use Tax Reserves: Reconciling ASC 450/FAS 5 Reserve Requirements With IAS 37 Standard for Foreign Activities

UNIFORM SALES & USE TAX CERTIFICATE MULTIJURISDICTION

Tax compliance for the holiday season 2016 Edition. (With Holiday Readiness Checklist)

The Honorable Max Baucus, Chairman The Honorable Dave Camp, Chairman

OVERVIEW OF STATE LAWS. Alabama - Any person selling tickets at a price greater than the original price must pay a license tax of $

SURVIVING A SALES TAX AUDIT AN INSIDER S VIEW

UNIFORM SALES & USE TAX EXEMPTION/RESALE CERTIFICATE MULTIJURISDICTION

IPT 2017 Sales Tax Symposium San Antonio, Texas September Drop Shipments

State Corporate Income Tax Collections Decline Sharply

Tax Recommendations and Actions in Other States. Joel Michael House Research Department June 9, 2011

A Publication of FastSpring Understanding International Sales Tax/VAT Requirements. Commerce in the Global Economy

TA X FACTS NORTHERN FUNDS 2O17

CRS Report for Congress

UNIFORM SALES & USE TAX CERTIFICATE MULTIJURISDICTION

When you have to be right. Tax & Accounting. Four Scenarios. that Signal. It's Time to Invest. in Automated Sales and Use Tax Software

Union Members in New York and New Jersey 2018

Don t Let Tax Compliance Slow Down Your Online Store

FREQUENTLY ASKED QUESTIONS - U.S. SALES TAX FOR FOREIGN PUBLISHERS

STATE AND LOCAL TAXES A Comparison Across States

Drop Shipments and Sales Tax Navigating Varying State Policies on Registrations and Exemptions

These materials are 2015 John Wiley & Sons, Inc. Any dissemination, distribution, or unauthorized use is strictly prohibited.

CUSTOMER APPLICATION Please fax back to PLEASE ALLOW 3-5 BUSINESS DAYS FOR PROCESSING Business Name and Billing Address

Avoiding Audit Nightmares: Sales Shipped Out of State

Instructions for Completing the UNIFORM SALES & USE TAX CERTIFICATE MULTIJURISDICTION

IPT 2015 Sales Tax Symposium Indian Wells, California. State Tax Restructuring

Sales Tax Return Filing Thresholds by State

The Aftermath of Wayfair: What s Next?

PRINCIPAL OWNERS & OFFICERS. Name SS# Position or Title Full Time Part Time

CATTLEMEN S BEEF PROMOTION AND RESEARCH BOARD. Financial Statements. September 30, 2017 and (With Independent Auditors Report Thereon)

State Estate Taxes BECAUSE YOU ASKED ADVANCED MARKETS

The Impact of Third-Party Debt Collection on the US National and State Economies in 2016

Online* Yes No I agree to adhere to MAP Policy: Yes No *Online customers are subject to approval

CATTLEMEN S BEEF PROMOTION AND RESEARCH BOARD. Financial Statements. September 30, 2018 and (With Independent Auditors Report Thereon)

EBRI Databook on Employee Benefits Chapter 6: Employment-Based Retirement Plan Participation

SUBMISSION OF SALES TAX NUMBERS

Undocumented Immigrants are:

Retail Application. Quick Reference Guide RDM SYNERGY

STATEMENT OF. Exploring Alternative Solutions on the Internet Sales Tax Issue

LOCALLY ADMINISTERED SALES AND USE TAXES A REPORT PREPARED FOR THE INSTITUTE FOR PROFESSIONALS IN TAXATION

The Starting Portfolio is divided into the following account types based on the proportions in your accounts. Cash accounts are considered taxable.

Chapter D State and Local Governments

Total State and Local Business Taxes

State Unemployment Insurance (SUI) Rate. Additional State Assessments. Paychex PEO Quarter-End Guide State Update. Alaska SUI

STREAMLINED SALES TAX COMPLIANCE CHECKLIST WEST VIRGINIA

Internet Delivery Methods. TeleStrategies Communications Taxation 2016

Sales and Use Tax Information Session

USING INCOME TAXES TO ADDRESS STATE BUDGET SHORTFALLS. By Elizabeth C. McNichol

STATE MINIMUM WAGES 2017 MINIMUM WAGE BY STATE

Consumer Returns in the Retail Industry

Residual Income Requirements


8, ADP,

2018 Client Payroll Information Guide

Sales & Use Tax Sourcing: Applying Old Rules to New Business Models

MASS LAYOFFS DECEMBER 2012 ANNUAL TOTALS 2012

Drop Shipments. Arizona

NEW CUSTOMER PROFILE AND INFORMATION PACKET

Nation s Uninsured Rate for Children Drops to Another Historic Low in 2016

ARIZONA TRANSACTION PRIVILEGE AND USE TAX

Sales/Use Tax Updates & Developments - Texas & Louisiana - Streamlined Sales Tax - Affiliate Nexus. IPT - San Antonio March 28, 2012

Sales and Use Tax Fundamentals: Mastering Tax Base, Compliance, Nexus, and Other Essential Multistate Concepts

Comparison of 2006 Individual Income Tax Burdens by State

Understanding Oregon s Throwback Rule for Apportioning Corporate Income

Pay Frequency and Final Pay Provisions

MINIMUM WAGE WORKERS IN HAWAII 2013

Tax Implications and Best Practices for Conducting Business in the Cloud. Subrina L. Wood, CPA Senior Director

IMPORTANT INFORMATION ABOUT 403(b) RETIREMENT PLAN DISTRIBUTIONS

Population in the U.S. Floodplains

Total state and local business taxes

Transcription:

How to Avoid E-Commerce Tax Pitfalls Featuring: Shane Ratigan, Avalara Inc. Eric Smith, Modern Distribution Management Sponsored by: July 27, 2017

Avalara helps make sales tax compliance simple and automatic for businesses of all sizes. The company provides end-to-end solutions that automatically determine taxability, identify applicable tax rates, accurately calculate taxes, prepare and file returns, remit taxes, maintain tax records, and manage tax exemption certificates. www.avalara.com 877-780-4848 1

Agenda The Sales Tax Revenue Landscape Nexus: When and Where to Collect and Remit Determining the Right Rate Tax Implications of Drop Shipping Conclusion and Q&A 2017 Gale Media, Inc. All rights reserved.

Speakers Shane Ratigan Content Compliance Manager, Avalara Inc. Eric Smith Associate Editor, Modern Distribution Management 2017 Gale Media, Inc. All rights reserved.

Presenter Shane Ratigan Tax Law and Compliance Expert at Avalara, Inc. Shane Ratigan is responsible for managing compliance processes, reporting, and legislative trends that impact management of indirect tax. As a graduate of the University of Washington School of Law (LLM), Shane is an expert on sales tax and regularly counsels organizations from all industries on maintaining compliance.

Where do states turn for tax revenue? Total State Government Tax Collections by Category Other taxes 3.9% Corporation net income taxes 5.3% Total license taxes 6.8% Total selective sales taxes 16.6% Property taxes 1.6% Individual income taxes 35.3% When general sales tax and selective sales tax are combined, sales tax makes up 47% of total state revenue General sales and gross receipts taxes 30.5% Source: US Census Bureau, Census of Governments: Finance Survey of State Government Tax Collections at www.census.gov/govs/statetax

The Growth of E-Commerce E-Commerce sales are projected to reach $500 Billion by 2018.

Loss of State Revenue from E-Commerce In 2009, California BOE projected close to $800 Million in uncollected consumer use tax.

Nexus: When and Where to Collect and Remit

The Concept of Nexus Nexus = Substantial Physical Presence Once Nexus is created, Seller Inherits Legal Obligation to Collect Common Nexus Triggers Owns An Office Owns a Warehouse Remote Employee on Payroll Owns Property

The Role of Nexus Don t always have to be physically present in a state. Remote staff, using a drop shipper, even attending trade shows, can establish nexus in many states. More than 20 states have enacted click-through or affiliate nexus laws 13 states have either enacted or are in the process of enacting economic nexus laws, whereby companies that generate at least $250,000 in sales are obligated to collect and remit sales tax.

Sales Tax Holidays Clothing, school supplies, and even firearms are tax exempt at certain times in as many as 17 states. Holidays are always in flux.

Determining the Right Rate

Determining Taxability Rules and rates vary between states The following industries have varying taxability rules Software / hardware Digital goods Services Medical device / equipment Food / beverage Clothing / apparel School-related products Dietary supplements And many other industries / products

Product Taxability is (Always) Changing Taxable Candy with or without flour can determine if it is taxable Exempt Taxable Exempt Non-carbonated with supplement label is taxable Non-carbonated with nutritional label is exempt

Determining the Right Rate Taxing jurisdictions don t always follow ZIP Codes! Individual counties and municipalities levy sales taxes in addition to state rates Tax rates can vary significantly within a ZIP code ZIP codes Are a blunt instrument for determining sales tax rates and boundaries Will almost certainly lead to calculation mistakes Can lull you into a false sense of security

You Can t Rely on Zip Codes Ex. Greenwood Village, CO has one ZIP code, but four different sales tax rates! Automation Tip! Geolocation technology determines the exact point of taxable transaction.

Bill to Vs. Ship to Sourcing. Most states are destination-based (they charge sales tax based on the location of the end-user), there are several that base sales taxes on the seller s location.

Tax Implications of Drop Shipping

Tax Implications of Drop Shipping payment invoice Manufacturer/Wholesaler (Drop-shipper) Retailer (Distributor) Customer (End User)

Tax Implications of Drop Shipping There are Three Parties to a Drop Ship arrangement: 1. Retailer/Distributor: The retailer of the item. The Seller for Sales Tax Purposes. 2. Manufacturer/Wholesaler: The provider of the item. The Drop Shipper. 3. Customer: The final purchaser and user of the item. Wants his stuff. There are Two Sales in a Drop Shipment: The sale from the Manufacturer to the Retailer/Distributor The sale from the Retailer/Distributor to the Customer. 17

Tax Implications of Drop Shipping The transaction between the Retailer and Customer is the taxable retail transaction. There is no retail sale transaction between the Manufacturer and Customer. The transaction between the Manufacturer and Retailer/Distributor is a transaction for resale. 18

Tax Implications of Drop Shipping Use of a Drop-Shipper does not alter the obligation to collect in a state where the Retailer already has nexus. Even when a Retailer lacks nexus in the Customer s state, a Drop-Shipper with nexus in the customer s state may have an obligation to collect.

Where Tax Compliance Gets Tricky The Retailer does not concede nexus in the Customer s state. The Drop-shipper concedes nexus in the Customer s state. In states where foreign reseller exemption certificates are accepted, the use tax obligation on the Customer. Some states (about 33) allow Drop-shippers to accept out of state exemption certificates from Retailers, others (about 13) do not. A challenge lies in those states who do not accept outof-state exemption certificates.

Where Tax Compliance Gets Tricky (cont.) The Retailer does not concede nexus in the Customer s state. The Drop-shipper concedes nexus in the Customer s state. In States where foreign reseller exemption certificates are not accepted, rules exist to determine the appropriate tax base. For example, in CA, a Drop-shipper is required to assess tax on the sale to the Retailer at 110% of the price charged to the Retailer, unless the Drop-shipper knows the actual retail price paid by the customer, then the Drop-shipper must charge tax on the full retail amount to the Retailer.

Where Tax Compliance Gets Tricky (cont.) The Retailer does not concede nexus in the Customer s state. The Drop-shipper concedes nexus in the Customer s state. In other states, the Drop-shipper is obligated to collect sales taxes on the actual price paid by the Retailer: DC Florida Louisiana Maryland Nebraska Nevada Tennessee

Where Tax Compliance Gets Tricky (cont.) The Retailer does not concede nexus in the Customer s state. The Drop-shipper concedes nexus in the Customer s state. Some states obligate the Drop-shipper to collect sales taxes on the actual price paid by the Customer. California Connecticut Hawaii Massachusetts Rhode Island Wisconsin

Conclusion

Tax Compliance: Pitfalls & Mistakes Not knowing where you have nexus Charging the wrong rate (errors in jurisdiction or taxability) Not knowing drop shipping rules (for each state) Failing to file a return Failing to report sales Taking excessive credits or exclusions on a return Filing returns with errors Return information that doesn t match other records Failing to fix mistakes found in previous audit

Tax Compliance is a Pain! Sales Tax is a statutory requirement Companies are always at risk of an audit (when, not if) Audits frequently result in back taxes and penalties Manual sales tax management It s labor-intensive Human error leads to inaccurate results Expensive Rules are always in flux: 2014 had close to 14,000 rule changes in U.S. 100% non-revenue generating activity It makes sense to automate with a technology solution

Tax Compliance: Risk Prone & Expensive $301,496 75% of tax professionals believe an auditor would find a mistake if audited for sales and use tax. Average total cost for businesses to manage a sales tax audit Source: Wakefield Research, July 2017

Tax Compliance: Time-Consuming

Why cloud software is the answer... Tax rates SaaS $ Remittances Customer invoice systems ERP, Ecommerce, POS / MPOS, Payments, etc. Real-time, accurate sales tax calculation Automated storage, management of tax certificates, exemptions, etc. Automated returns processing and remittance Government

Request a Demo www.avalara.com/how-to-buy-avatax/ 877-780-4848 shane.ratigan@avalara.com 30

Questions? How to Avoid E-Commerce Tax Pitfalls Sponsored by: July 27, 2017