On December 1, 2020, the Colorado Department of Revenue adopted amendments to its tangible personal property rule – Rule 39-26-102(15) – that will impose sales tax on sales of streaming digital goods. The Department considers these amendments to be a “clarification” of their tangible personal property definition. Now, per the amended regulation, “[t]he method of
Quick Update: Colorado, Missouri and New York City
In this episode of the SALT Shaker Podcast, host Chris Lee discusses recent sales tax rulings from Colorado (PLR-20-2008) and Missouri (Ltr Rul 8095) and an ALJ income tax nexus decision from New York City (In the Matter of Mars Holding Inc
.).
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Colorado DOR releases sales and use tax guidance for marketplace facilitators
Last month, the Colorado Department of Revenue released revised guidance on marketplace sales taxation. The document provides a high-level overview of the tax rules applicable to marketplace transactions, such as definitions and information related to licensing, collection, filing, and recordkeeping requirements.
Colorado Backs Up Backup: DOR Concludes Backup Service Non-Taxable Sale of Computer Software
The Colorado Department of Revenue has determined that an information technology provider’s sale of its backup service, which allowed its customers to back up business applications, files, and systems, and also included the delivery of computer servers to customers’ locations, constituted a nontaxable service. Although the Department “considered whether the placement of [the] servers constitut[ed]
Colorado updates regulations concerning remote sellers and marketplace facilitators
On September 10, the Colorado Department of Revenue promulgated four sets of regulations related to remote sellers and marketplace facilitators. One set, adopts a special rule that establishes the sales tax requirements and conditions for sales made through a marketplace facilitator’s marketplace. A second set updates Rule 39-26-102(3) to clarify when a retailer is doing
Colorado Proposes a Series of Regulations to Address Digital Taxation
The Colorado Department of Revenue has proposed several regulations related to taxation of digital goods, remote sales, and marketplace collection. First, it proposed a “doing-business” rule, which clarifies a person maintains a business in Colorado if the person meets the economic nexus test of $100,000 annual retail sales in Colorado. It also proposed another
Several State Legislatures to Take Historic Pause Due to COVID-19 Concerns
With the threat of COVID-19 looming, several state legislatures will halt or temporarily suspend their legislative sessions, including: Colorado, Delaware, Connecticut, Georgia, Kentucky, Maine, Maryland, New Hampshire, and Vermont. For many states, this is an unprecedented move while in others, the legislature has not adjourned early since the Civil War. Other state legislatures, like California’s
Lights, Camera, Action – Colorado Court of Appeals Upholds Use Tax on Licensing Agreements With Motion Picture Distributors
The Colorado Court of Appeals held that the City of Aurora correctly levied use tax on American Multi-Cinema, Inc.’s (AMC’s) license agreements with film distributors. The court concluded that the true object of the arrangement was to obtain tangible personal property (i.e., the data files) rather than being a nontaxable, intangible right. In the past,
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,
Much Ado About Nothing! Colorado Supreme Court Holds that Holding Companies with No Property or Employees are Not Includable in a Combined Group
The Colorado Supreme Court issued two decisions simultaneously holding that neither Oracle Corporation nor Agilent Technologies, Inc. were required to include in their combined income tax returns holding companies that did not meet the statutory definition of an “includable C corporation.” To be included in a combined return in Colorado, an affiliate must have more