Mississippi law requires “retailers” to collect and remit sales and use tax. In August 2018, the Mississippi DOR issued guidance that remote sellers with in-state sales above $250,000 are retailers required to collect sales and use tax. H.B. 379 would expand the definition of retailer to include persons who facilitate third-party sales with the same
Kansas Proposes Marketplace Facilitator Law; Remote Seller Safe Harbor
Under current Kansas DOR guidance, all remote sellers, regardless of size, are required to collect sales and use taxes. Kansas has introduced two bills to address the taxation of digital sales. H.B. 2537 would introduce a safe harbor for remote sellers with under $100,000 of gross revenues in the state. Additionally, H.B. 2513 would first
Nebraska Legislature Considers Sales Tax on Digital Advertising
On February 13, 2020, the Nebraska Legislature’s Revenue Committee heard testimony on Legislative Bill 989, which would expand Nebraska’s sales tax base to include sales of digital advertisements.
After an introduction by the bill’s sponsor, Senator Justin Wayne, the Revenue Committee heard testimony from four witnesses, each opposing the bill. The Committee also received
Maryland Seeks to Extend Tax on Peer-to-Peer Car Sharing
In 2018, Maryland S.B. 743 temporarily extended the 8% sales tax on short-term vehicle rentals to reach peer-to-peer car sharing companies. That temporary tax is due to sunset June 30, 2020. S.B. 573 seeks to make the tax upon peer-to-peer car sharing companies permanent and increase the sales tax rate to 10% for both traditional
Florida Seeks to Expand Communications Services Tax Base, Streamline Local Application
S.B. 1174, a bill seeking to simplify and reform the Florida communications services tax, has advanced in committee. The bill would expand the definition of taxable “video services” to expressly include streaming services where access to content expires at a specific time or on the occurrence of a condition subsequent. Per the legislative analysis
New to the Market: Georgia Enacts Marketplace Facilitator Bill
On January 30, 2020, Governor Kemp signed Georgia’s marketplace facilitator bill, H.B. 276, into law. Effective April 1, 2020, the law will require marketplace facilitators to collect and remit sales and use tax on behalf of marketplace sellers. It will apply to marketplace facilitators with sales in excess of $100,000 in the state.
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The 2020 State Legislative Trend to Watch – Advertising and Data Taxes
Over 40 state legislatures have convened their 2020 legislative sessions. Last year, states moved quickly to impose collection and remittance obligations on remote sellers and marketplace facilitators in light of Wayfair. This year, states are charting a new course – proposing legislation to expand sales taxes to include advertising services or proposing entirely new taxes
Colorado Department of Revenue to Hold Stakeholder Work Group on Draft Digital Goods Sales Tax Rule
The Colorado Department of Revenue will hold a stakeholder work group to discuss a draft sales tax rule that will “clarify the Department’s treatment of digital goods as tangible personal property.” In advance of the meeting, the Department has prepared a draft rule. Interested parties can attend the work group meeting on March 4,
Marketplace Monday: Michigan Legislature Approves Marketplace Collection Law
As we near the end of 2019, Michigan appears to be closing in on being the 39th state to pass a state tax marketplace collection law. The legislation passed a Republican-led Senate unanimously last week, and it is headed to the Governor who is expected to sign the bill.
In addition to marketplace collection requirements,
Legal Alert: Maryland bill proposes digital goods tax
The Maryland House of Delegates is considering legislation (House Bill 426) that would impose sales and use tax on digital products and sales tax on digital codes. If signed into law, Maryland would begin taxing digital products and digital codes on July 1, 2019. House Bill 426 was read for the first time in the