On April 26, 2021, the California Assembly voted to approve AB 1402, which in addition to sales tax would extend the requirements of a marketplace facilitator law to fees administered pursuant to the California Fee Collection Procedures Law that are imposed on the retail sale of tangible personal property in the state. The bill
Digital Economy
Legal Alert: MTC Uniformity Committee update—hey partner, let’s tax your digital goods and services
Massachusetts issues guidance on taxation of internet access
On April 26, 2021, the Massachusetts Department of Revenue issued Technical Information Release 21-5. This TIR was issued in response to New Cingular Wireless PCS LLC v. Commissioner of Revenue, 98 Mass. App. Ct. 356 (2020), where the court held that the Internet Tax Freedom Act (ITFA) preempts the imposition of sales and…
Connecticut Digital Advertising Services and Wage Tax Proposals Moving Forward
On April 22, 2021, the Connecticut General Assembly’s Joint Committee on Finance Revenue and Bonding (“Joint Committee”) approved a revised revenue bill (HB6443) to implement the Connecticut state budget. We have learned that the revised bill includes: (1) a new digital advertising services tax; and (2) a new wage compensation tax, whereby, at…
Virginia determines that software purchase was subject to use tax
The Virginia Tax Commissioner issued a determination addressing use tax on the purchase of a software. Virginia statute provides an exemption for services not involving the exchange of tangible personal property, which provide access to or use of the internet and any other related electronic communication services including software, data, content and other information services…
Kansas governor vetoes economic nexus and marketplace facilitator bill
On April 16, 2021, Governor Laura Kelly vetoed S.B. 50, which would require sales and use tax collection by marketplace facilitators and would set a remote seller tax collection threshold. Marketplace facilitators would be required to collect and remit these taxes if, during the current or immediately preceding calendar year: (1) the marketplace facilitator…
Legal Alert: Connecticut proposes digital advertising services tax and employee-elective wage compensation tax on employers
On April 14, 2021, the Connecticut General Assembly’s Joint Committee on Finance Revenue and Bonding introduced SB1106. The bill would establish the “Connecticut Equitable Investment Fund,” which would be funded by, among other things: (1) a new digital advertising services tax; and (2) a new wage compensation tax, whereby, at an employee’s or independent…
New York Department of Taxation finds that IT support service was not subject to sales tax
The New York State Department of Taxation and Finance issued an advisory opinion determining that the fee paid for an information technology support service was not subject to sales and use tax because the taxable component of the service was delivered outside of New York. The taxpayer provided investment advice to its customers and as…
Florida sends economic nexus and marketplace facilitator bill to the governor
On April 12, 2021, the Florida legislature presented S.B. 50 to Governor DeSantis, which would require sales tax collection from a person whose remote sales to Florida exceed $100,000 per year. It states that a person whose “taxable remote sales in the previous calendar year” exceed $100,000 has a “substantial number of remote sales” and…
Legal Alert: Not enough lipstick – Maryland Legislature amends digital ads and digital products taxes
Maryland had previously enacted two important – and troubling – sets of tax changes: a new tax on digital advertising and a substantial expansion of its sales tax to digital products and services. As a result of several significant problems with both tax changes, the Maryland legislature just passed Senate Bill 787.
- S.B. 787 amends
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