Sales and Use Tax

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The Mississippi Court of Appeals reversed a summary judgment ruling in favor of the Mississippi Department of Revenue (DOR) in a case challenging a sales tax audit assessment. The Court of Appeals held that the taxpayer had presented sufficient evidence to create a genuine issue of material fact on the issues raised such that summary…

The Colorado Department of Revenue recently issued GIL 26-004, concluding that digitally delivered photographs and stand-alone licenses to use those photographs are subject to state sales tax. In the Department’s view, both transactions involve taxable transfers of interests in tangible personal property (“TPP”). The GIL applies Colorado’s digital goods statute to treat electronically stored…

In Tyson Chicken, Inc. v. Hudson, the Arkansas Supreme Court addressed whether rented wooden shipping pallets used to deliver chicken products qualify for the state’s sale for resale exemption. The court concluded they do not, affirming the circuit court’s grant of summary judgment in favor of the Department of Finance and Administration.

Three Tyson…

On remand from the Ohio Supreme Court, the Ohio Board of Tax Appeals (BTA) applied the true object test to determine whether charges paid by Cincinnati Federal Savings & Loan (Cincinnati Federal) to Fiserv constituted taxable automatic data processing (ADP) and electric information services (EIS), or nontaxable professional services. The Ohio Supreme Court had previously…

The Massachusetts Appellate Tax Board (ATB) held that an auto body repair shop owed sales tax on the full receipts from its repair services because it failed to separately state nontaxable labor charges from taxable tangible personal property costs, notwithstanding that the shop itself paid sales tax when purchasing the tangible personal property incorporated into…

The U.S. District Court for the Northern District of Illinois ruled that the National Bank Act (NBA) does not preempt Illinois’ Interchange Fee Prohibition Act (IFPA), which prohibits credit card and debit card transaction processors from charging interchange fees on the portion of any card transaction that includes state and local taxes and gratuities.

In…

The Indiana Tax Court addressed whether cell phones qualify for Indiana’s telecommunications equipment exemption from sales and use tax. New Cingular purchased certain cell phones that were later used to fulfill contractual obligations by either providing them free to customers who entered service agreements, or by issuing replacements under insurance programs. New Cingular sought a…

In Det. No. 23-0004, 45 WTD 013 (2026), the Washington Department of Revenue (DOR) concluded that professional implementation services and associated travel reimbursements are subject to retail sales tax when provided exclusively in connection with a Digital Automated Service (DAS).

The taxpayer was a software provider that offered cloud-based solutions to state and local…

The North Carolina Superior Court held that intercompany transfers of product between affiliated entities do not constitute “sales” subject to sales tax when those transfers are not supported by bargained-for consideration, even if the taxpayer records the transfers using hypothetical “due to/due from” accounting entries.

The taxpayer, Asphalt Emulsion Industries, LLC (AEI), was a single-member…

The Washington Court of Appeals held that a company’s title insurance and escrow services provided remotely should be sourced to Washington because the company’s customers made “first use” of the services in Washington. The trial court held that the services were sourced out-of-state to the remote location where the title company performed its services under…