Regulatory Analysis

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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Posted September 11, 2020 by Charles Maniace
SST and CSP’s Ink New 3 Year Contract

On August 31, 2020, the 24 member states of the Streamlined Sales Tax Governing Board met in special session to consider a proposed new contract with those tax technology companies holding the designation of Certified Service Provider (CSP’s), including Sovos. The proposed contract was voted on favorably, with 23 states voting in favor and 1 […]

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Posted August 5, 2020 by Ramón Frias
Puerto Rico Allows Cash-Based Sales Tax Compliance for Construction Businesses

The Puerto Rico Treasury (Hacienda) released Administrative Determination 20-19 allowing certain businesses to report and pay sales tax, using the cash method. Specifically, those taxpayers with 80% or more of annual revenue stemming from construction activities (as measured over the last 3 years) will now be able to report and remit sales tax based on […]

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Posted August 5, 2020 by Alex Koral
Louisiana Publishes Sales Tax Guidance for Direct Wine Shippers

The Louisiana Department of Revenue recently issued a notice regarding the application of new economic nexus rules to Direct Wine Shippers. Under the state’s existing direct shipping laws, any licensed winery, wholesaler, or retailer shipping wine into the state is required to collect and remit only the state tax. However, now any Direct Wine Shipper […]

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Posted July 14, 2020 by Alex Koral
Colorado Preparing New Tax Filing Portal

Colorado is in the process of developing a new system to manage the collection of state sales tax, local tax in all state-administered localities, as well as local tax in select home rule cities. The new system, which is supported by a company called Munirevs, has yet to be publicly released. However, it promises to […]

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Posted July 14, 2020 by Charles Maniace
Utah Announces Mandatory E-Filing For Sales Tax

In a recent note disseminated by the Utah State Tax Commission, they announced effective for returns due October 31, 2020 or later, electronic filing will be required. This applies to all sales tax returns, schedules, and related filings including monthly returns and quarterly/annual returns due after October 31. Returns can continue to be filed electronically […]

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