Regulatory Analysis
[July 9, 2019] The Governor of Hawaii recently signed SB 162 into law. This bill has direct and immediate impact on motor vehicle rental companies doing business in the state of Hawaii. Specifically, pursuant to this new bill, effective July 1, 2019, the rental motor vehicle surcharge is increased from $3.00 per day (or any portion […]
[July 1, 2019] Maine has recently enacted legislation requiring marketplace facilitators that meet certain sales thresholds to collect tax on behalf of their marketplace sellers. Marketplace facilitators must collect tax when they have 200 or more separate transactions or gross sales of more than $100,000 during the current or previous calendar year. The law goes into […]
While Louisiana is one of the few states (as of today) that does not actively require out-of-state vendors to collect their sales tax, they are poised to begin. At present, collection of the simplified 8.45% remote seller sales tax is voluntary; however, in the wake of the passage of Act 360 (HB547) related to remote […]
[June 26, 2019] New York Senate Bill S06615 (A06615) was signed into law on June 24th, increasing the economic nexus threshold to $500,000 worth of sales of tangible personal property. At the beginning of this year, the Department of Taxation of Finance released a notification stating that the Supreme Court’s decision in the Wayfair decision […]
[June 17, 2019] Nevada recently passed bill A.B. 445 requiring marketplace facilitators that meet certain thresholds to collect tax on behalf of their marketplace sellers. Marketplace facilitators must collect tax when they facilitate Nevada sales by marketplace sellers of $100,000 or more, or when they facilitate 200 or more individual transactions in the current or […]
[June 10, 2019] Tennessee recently published new guidance on Sales and Use Tax Rule 1320-05-01-.129(2) regarding the taxation of out-of-state retailers. Out-of-state sellers with no physical presence in Tennessee who make sales exceeding $500,000 to consumers in Tennessee during the previous 12-month period must register with the Department and begin collecting and remitting Tennessee sales and […]
[June 4, 2019] The City of Denver recently enacted legislation exempting feminine hygiene products from city sales tax effective July 1, 2019. Feminine hygiene products include, but are not limited to, tampons, menstrual pads and sanitary napkins, pantiliners, menstrual sponges, and menstrual cups.
[June 4, 2019] Tennessee recently enacted legislation amending the definition of tangible personal property to exclude fiber-optic cable after it has become attached to a structure or installed underground. Such fiber-optic cable is deemed realty upon installation and is not subject to sales tax. The exemption is effective July 1, 2019.
[June 4, 2019] Florida recently enacted legislation which creates a sales tax holiday between August 2, 2019 and August 6, 2019 during which clothing having a sales price of $60 or less and school supplies having a sales price of $15 or less are exempt. Additionally, personal computers or personal computer-related accessories having a sales […]
[June 4, 2019] Starting October 1, 2019, Arizona will require remote sellers and marketplace facilitators to collect and remit Arizona’s transaction privilege tax if they surpass certain economic thresholds. A remote seller will be required to collect and remit tax if its gross proceeds from sales to Arizona customers exceed: $200,000 for the 2019 calendar […]
[June 4, 2019] Pursuant to recently enacted Senate Bill 447, sales of durable medical equipment, oxygen delivery equipment, and mobility enhancing equipment are exempt from sales tax in Nevada. This exemption can be claimed when the equipment is prescribed for human use by a licensed health care provider acting within their scope of practice. This […]
[May 30, 2019] House Bill 2033, which passed both the House and the Senate in Kansas, would have established economic nexus in the state, and would have required marketplace providers to collect tax on behalf of marketplace sellers. The current trend is for states to impose these sorts of requirements; many states have passed bills over […]
[May 28, 2019] Effective October 1, 2019, marketplace facilitators selling into Texas are required to collect and remit Texas sales tax as retailers when they process sales for marketplace sellers. The law, which was signed on May 24, requires the marketplace facilitator to certify to each marketplace seller that the marketplace facilitator assumes the rights and […]
[May 22, 2019] Mississippi holds a sales tax holiday each year beginning on the last Friday in July and ending on the following Saturday. In years past, this holiday has applied to clothing and footwear with a selling price of less than $100. Pursuant to Senate Bill 2955, the state has added school supplies to […]
[May 22, 2019] Pursuant to recently enacted House Bill 2140, all sales of gold or silver coins as well as bullion of gold, silver, palladium, or platinum are exempt from sales and use tax in Kansas. Bullion is therein defined as “bars, ingots or commemorative medallions of gold, silver, platinum, palladium, or a combination thereof, for […]
[May 22, 2019] The state of Texas recently approved a new law giving remote sellers who are required to collect and remit local use taxes in Texas an option to collect the amount as a single local use tax rate as an alternative to combined local use tax rates. Under the law, a remote seller can […]
[May 22, 2019] With the passage of House Bill 6, effective July 1, 2019, the definition of “engaging in business” has been amended to apply to persons lacking physical presence in New Mexico provided they had at least $100,000 in taxable gross receipts from sales, leases and licenses of tangible personal property the previous calendar year. […]
[May 20, 2019] The Alabama Supreme Court recently issued a decision in Russell County Community Hospital v. State Department of Revenue holding that all software is tangible personal property and thus subject to sales tax. A number of justices concurred with respect to the result but not the reasoning of the decision and it is […]