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ECJ Case Provides Guidance on Zero-Rated Services relating to the Exporting and Importing of Goods

The European Court of Justice has ruled, in Case C-288/16, that an exemption for services “directly connected” with exportation or importation of goods applies only if those services are supplied directly to the importer/exporter or to the consignee of the goods. The holding turned on the definition of the phrase “direct connection” within Article 146(1)(e) […]

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Further Clarity of Pending Puerto Rico Sales Tax Legislation

As reported earlier on this forum, Puerto Rico is considering 2017-2018 budget legislation that may significantly impact remittance requirements for existing taxpayers in the immediate future. Specifically the bill which is currently sitting on the Governor’s desk, would require taxpayers whose average sales tax liability is at least $2000 per month (or who otherwise qualify […]

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Cook County Court Blocks Sweetened Beverage Tax

Just a day before it was slated to take effect, a Cook County Circuit Court granted an emergency motion that temporarily bars the enforcement of the Sweetened Beverage Tax. The ordinance, which was passed last November, would have imposed a $.01 per ounce tax on virtually all sales of sweetened beverages (and beverage syrups) in […]

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LA restores the sales and use tax exemption for medical devices.

Last year, Louisiana re-vamped their tax code, and among the changes imposed was that medical devices went from being exempt to being taxed at a 3% rate.  This change was scheduled to expire on July 1, 2018.  However, on June 23, 2017, Governor John Bell Edwards signed Senate Bill 180 into law (Act No. 426). […]

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IRS Releases Publication 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns

The IRS has released an updated Publication 1179 for Tax Year 2017. This publication provides guidelines for those who create and provide substitute information returns to follow.  There are a few changes from the previous revision: Vendor codes The use of a vendor code is encouraged in place of a form printer EINs The 4-digit […]

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IRS Releases 2017 Guam Wage & Tax Statement

The IRS recently published the 2017 version of Form W-2GU, the Guam Wage and Tax Statement. This form is used to report Guam wages, and should not be used to report wages subject to U.S. income tax withholding. While the form itself remains the same, there are minor changes made to the instructions attached to […]

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IRS Releases Bulletin No. 2017-26 Highlighting Certain Information Return Updates and Changes

The IRS recently released Bulletin No. 2017-26. The bulletin is noteworthy particularly because part of this Bulletin will be repurposed into Publication 1179. Below is a list of the changes the IRS has specifically highlighted for attention: Vendor code. The use of a vendor code is encouraged in place of a form printer EINs. See Section […]

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Louisiana exempts coins and precious metals.

Under House Bill 396 (Act No. 340) Louisiana will permit full exemptions from sales and use taxes for platinum, gold, or silver bullion, valued on its precious metal content; numismatic coins with a sales price of no more than one thousand dollars; and numismatic coins sold at a national, statewide, or multi-parish numismatic trade show. […]

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Louisiana qualifies agricultural exemptions: feed, seed, and fertilizer

Senate Bill 97 (Act No. 378) qualifies the Louisiana sales and use tax exemptions for certain agricultural items.  Effective January 1, 2018, sales of seeds used for planting crops, pesticides used for agricultural purposes, liquefied petroleum gases used for farm purposes, and commercial farm irrigation equipment will only be exempt when made to commercial farmers.

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Colorado Finalizes Emergency Rule on Reporting for Non Collecting Retailers

As previously reported in this forum, on July 1, 2017, Colorado’s long anticipated notice and reporting requirements for non-collecting retailers goes into effect. In the last few days, Colorado moved to finalize the details as to how the rule will be enforced, which are described in Emergency Rule 39.21-112.35. This law requires retailers that do not […]

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Delaware Advances Filing Due Date for 1099-MISC

Filing extended for 1099-MISC Forms reporting non-employee compensation now in line with federal calendar.  Delaware recently amended legislation pertaining to information returns, and part of this legislation advances the filing due date for 1099-MISC forms reporting non-employee compensation in Box 7. This brings the filing deadlines in line with the federal calendar. 1099-MISC forms with Box […]

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4 Key Changes in Ecuador’s New Offline E-Invoicing Model

Starting January 2018, all taxpayers in Ecuador will be required to start invoicing under Ecuador’s new offline schema. Announced by the SRI, Ecuador’s tax authority, in 2015, this new e-invoicing model presents both benefits and challenges to companies operating in Ecuador. On one hand, this new process will give companies a slight buffer for compliance, […]

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IRS Releases Drafts of Form W-8IMY and Instructions

The IRS has published draft versions of its revised Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting, and instructions for filers of this form. There are a number of significant updates to this form of which filers should be aware: Qualified Derivatives Dealers […]

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IRS Reminds Financial Institutions to Renew FFI Agreements

The IRS released an updated FFI Agreement for Financial Institutions with FATCA obligations on December 30, 2016. Those FFIs whose agreements expired at the end of last year, and that wish to retain their GIINs, are required to renew their FFI Agreements. They can do so through the FATCA FFI Registration System. The FFIs will be […]

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South Carolina Releases Updated Interest Rates for Overpayments and Underpayments

The South Carolina Department of Revenue recently published Information Letter #17-9, detailing interest rates for overpayments and underpayments relating to withholding tax through September 2017. South Carolina publishes these Information Letters periodically throughout the year, and these letters are the primary method of notifying the taxpaying public about changes in withholding tax interest. The effective […]

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South Carolina Releases Updated Withholding Tax Coupon

South Carolina recently released an updated Form WH-1601, Withholding Tax Coupon. This form/coupon is used to submit payment to the South Carolina Department of Revenue. This form/coupon also has an electronic counterpart on the South Carolina MYDORWAY online portal for those who make their payments electronically. There was one minor change to the preliminary instructions […]

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Virginia Releases Updated Electronic Payment Guide

Virginia has lately released an updated copy of its Electronic Payment Guide.  This guide details the instructions necessary to complete an ACH payment to the Department of Taxation.  No material changes were made to instructions for filing or paying taxes related to withholding or information returns.  Some changes were made to the instructions for filing […]

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Massachusetts Revokes Nexus Directive 17-1 Before it Takes Effect

Just two days before it was slated to take effect, the Massachusetts Department of Revenue revoked the highly controversial Directive 17-1 that sought to extend sales tax collection and remittance responsibilities on internet vendors that licensed software to Massachusetts customers, used cookies or contracted with marketplace providers located in the state. While Directive 17.2 revoking the earlier guidance is […]

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