Regulatory Analysis

Posted April 8, 2022 by Bradley Feimer
Maryland Exempts Various Products from Sales Tax

Beginning July 1, 2022, various products related to infant care, personal hygiene, and medical care will be exempt from sales tax in the state of Maryland. Specifically, Governor Hogan signed eight bills providing sales tax exemptions for items such as diapers, toothbrushes, certain masks, baby wipes, as well as blood pressure monitors. The enacted bills […]

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Posted March 23, 2022 by Bradley Feimer
Colorado Establishes Marketplace Information Disclosures for Third-Party Sellers

On March 17, 2022, Colorado Governor Jared Polis signed CO 1099 establishing mandatory disclosures by high-volume third-party sellers using online marketplaces. Effective January 1, 2023, “high-volume third-party sellers” must disclose to a marketplace the seller’s bank account number, contact information, and tax identification number. A high-volume third-party seller is a seller that in any continuous […]

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Posted February 7, 2022 by Bradley Feimer
Maryland Clarifies Exemption Applicable to Covid Related Products

2/4/2022 Maryland recently published an updated List of Tangible Personal Property and Services Subject to Sales Tax. The guidance clarifies that sales of respirators such as KN95 and N95 masks and infectious drug tests including covid tests are exempt products that fall under the state’s disposable medical supplies sales tax exemption. To review the full […]

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Posted December 17, 2021 by Erik Wallin
Massachusetts Codifies Accelerated Payment Safe Harbor

On December 13, 2021, Massachusetts Governor Charlie Baker signed (in part) Bill H.4269 “An Act Relative to Immediate Covid-19 Recovery Needs” into law. This new legislation, in effect, codifies and make permanent the safe harbor rule for advanced payments of sales and use tax, and room occupancy tax that was set to expire January 1, […]

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Posted November 11, 2021 by Erik Wallin
Michigan Moves To Exempt Feminine Hygiene Products

11/10/2021 The Governor of Michigan recently signed into law House Bill 5267 and Senate Bill 153. These bills provide an exemption from sales and use tax on the sales of feminine hygiene products. Feminine hygiene products are defined as “tampons, panty liners, menstrual cups, sanitary napkins, and other similar tangible personal property designed for feminine […]

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Posted September 7, 2021 by Erik Wallin
Planned October Sourcing Change in Texas Enjoined by Local Court

Texas Tax Rule 3.334 was recently modified to clarify the definition of a “place of business” as it applies to local sales and use tax sourcing. It now clearly specifies that sales personnel must be present for a location to be considered a “place of business” and that a “place of business” does not include […]

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Posted July 30, 2021 by Bradley Feimer
Virginia is First in the Nation to enact E-988 Surcharge Legislation

Effective July 1, 2021, Virginia Senate Bill 1302 was a the first legislation in the nation to provide for an E-988 surcharge on retail prepaid wireless services to fund a 988 suicide prevention hotline. Notably, the E-988 surcharge is combined to the existing E-911 surcharge. Thus on sales tax returns, the new E-911/E-988 surcharge of […]

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Posted July 29, 2021 by Bradley Feimer
Colorado Enacts E-988 Surcharge Legislation

Colorado recently enacted Senate Bill 154 to establish a 988 suicide prevention hotline and impose an E-988 surcharge. The legislation provides that beginning January 1, 2022, there is to be a E-988 surcharge applied to each retail transaction for prepaid wireless services. This surcharge will be used to fund the 988 network in the state. […]

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Posted June 25, 2021 by Bradley Feimer
Maine Amends Remote Seller and Marketplace Facilitator Economic Nexus Threshold

Maine’s governor recently signed LD 1216 into law. This bill provides that on or after January 1, 2022, economic nexus will no longer require 200 separate transactions. Entities with gross sales exceeding $100,000 in the current or previous calendar year must continue to register, collect and remit sales and use tax. The relevant amendment can […]

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Posted June 18, 2021 by Bradley Feimer
Colorado Enacts Law Enabling Restaurants, Caterers, and Bars to Retain Sales Tax for Assistance

Colorado Governor Jared Polis recently signed HB 21-1265 allowing a temporary deduction from state net taxable sales for qualifying retailers including, restaurants, caterers, and bars, so that they may retain the sales tax collected as assistance for revenue losses suffered from the pandemic. The bill is effective from June 2021 through August 2021. Further information, […]

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Posted June 18, 2021 by Bradley Feimer
Denver, Colorado Plastic Bag Fee Effective July 1, 2021

Beginning July 1, 2021, the city of Denver, Colorado will impose a $0.10 fee on disposable plastic and paper bags. The fee is not included as a part of the taxable sales price and will be used to help educate customers through information programs and provide free reusable bags. The bag fee was originally set […]

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Posted May 27, 2021 by Alexander Dunn
Florida Enacts Trio of Sales Tax Holidays for 2021

Pursuant to Governor DeSantis signing FL HB 7061, Florida will now have three Sales Tax Holidays in 2021.  The Disaster Preparedness Sales Tax Holiday will be held between May 28, 2021 and June 6, 2021, giving shoppers the opportunity to purchase certain disaster and emergency supplies free from state sales tax when the cost per […]

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Posted March 16, 2021 by Katherine Mullen
Maryland Veto Overrides

On February 12, the Maryland Legislature overrode the Governor’s veto of House Bills 932 and 732 of the 2020 legislative session. Under the Maryland constitution, this means that the laws take effect 30 days after the override, or on the date specified in the Bills, whichever is later. As a result, House Bills 932 and […]

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Posted January 12, 2021 by Charles Maniace
Puerto Rico Enacts Economic Nexus and Marketplace Facilitator Requirements

On December 8, 2020. The Puerto Rico Secretary of Hacienda signed Regulation 2020-9237 expanding sales tax collection requirements to include Remote Sellers and Marketplace Facilitators effective 1/1/21. Businesses that have at least $100,000 in gross sales or 200 individual sales transactions during any preceding 12-month period have an obligation to collect and remit sales tax. […]

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Posted December 23, 2020 by Erik Wallin
Massachusetts Approves 2021 Budget With Accelerated Remittance

Governor Charlie Baker recently signed H. 5164 the Fiscal Year 2021 budget into law. As part of the budget bill, retailers that collected more than $150,000 in sales tax or room occupancy and meals tax in the previous calendar year will need to remit sales taxes for their first three weeks each month in the […]

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Posted December 23, 2020 by Charles Maniace
Indiana Requires Electronic Filing and Adopts New Filing Portal

The Indiana Department of Revenue has updated their filing requirements  for sales and withholding taxes to require electronic filing. Transition from old INTAX system to the new INTIME system is required for all taxpayers before Dec. 31, 2020 as no returns or payments through INTAX will be accepted after the December filing period ends, If […]

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Posted December 23, 2020 by Charles Maniace
Colorado Adopts New Jurisdiction Codes

The Colorado Department of Revenue has updated their jurisdiction codes for .XML sales tax filing. All old jurisdiction codes will still be accepted by the state (at least for now) for any existing locations. However if you will be reporting in a new location as part of your January 1, 2021 filing of the CO […]

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Posted November 9, 2020 by Daniel Kostrzewa
Pennsylvania Considers Face Masks to be Exempt Clothing

On October 29, 2020, Pennsylvania updated its guidance to indicate that both cloth and disposable face masks are clothing and therefore exempt from sales tax. According to Pennsylvania, “face masks (cloth and disposable) are exempt from Pennsylvania sales tax. Prior to the COVID-19 pandemic, masks sold at retail were typically subject to Pennsylvania sales tax. […]

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