The Evanston City Council voted on May 26, 2020 to introduce an ordinance that would extend its 5% amusement tax to reach online gaming and streaming. The Council stated that the increase is a reaction to a projected decrease in tax revenue from in-person amusement events. Given the “rise in popularity of streaming amusements, staff
Digital Economy
Mississippi Senate Committee Advances Marketplace Legislation
By Jonathan Feldman on
Posted in Marketplace
On June 4, 2020, the Mississippi Senate Finance Committee passed HB 379, which would require marketplace facilitators with more than $250,000 in sales into the state over a 12-month period to collect and remit sales and use tax starting July 1, 2020. The Committee also added an exemption for food delivery services and a…
North Carolina Excludes Sales of Certain Digital Goods from Sales and Use Taxes
By Jonathan Feldman on
Posted in Digital Economy
On June 5, 2020, Governor Cooper signed HB 1079, which will exclude sales of certain digital audio and visual works from the state’s sales and use tax, and make other tax changes. The law exempts sales of digital educational services and the sales of digital audio or digital audiovisual works that consist of nontaxable…
Colorado Proposes a Series of Regulations to Address Digital Taxation
By Jonathan Feldman on
Posted in Digital Economy
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…
Kansas Again Fails to Pass Remote-Seller and Marketplace Facilitator Bill
By Jonathan Feldman on
Posted in Digital Economy, Marketplace
Kansas lawmakers did not take their second bite at the remote-seller and marketplace-facilitator apple during a special legislative session. On June 3, 2020, Representative Steven Johnson re-introduced HB 2014, which would have required remote sellers with $100,000 or more in annual in-state sales to collect and remit taxes and would have required marketplace facilitators…
Washington Warns Taxpayers Not to Rely on Current Remote Seller Regulations
By Jonathan Feldman on
Posted in Digital Economy
Washington has required remote sellers meeting the $100,000 annual revenue of 200 annual transaction threshold to collect and remit sales tax since October 1, 2018. The requirement was first introduced by regulation and later confirmed and clarified by statute. In a May 22 emergency regulation, the Washington Department of Revenue warned taxpayers not to…
North Carolina Legislature Approves Sales and Use Tax Exclusion for Digital Educational Services
By Jonathan Feldman on
Posted in Digital Economy
North Carolina HB 1079, providing a variety of sales tax changes, has been approved by both houses of the legislature and now awaits the Governor’s signature. In particular, the bill would exclude from sales and use tax sales of digital educational services and would exempt: (1) sales to home school operators of digital audio…
Louisiana Legislature passes Marketplace Collection Bill
Posted in Legal Alert, Marketplace
On May 28, 2020, the Louisiana Legislature passed S.B. 138, which, if signed by the Governor, will require marketplace facilitators to collect and remit state and local sales and use taxes if they exceed an economic nexus threshold of $100,000 in sales or 200 transactions in the state in the current or previous calendar year.…
North Carolina Proposes Extending Marketplace Obligations to Local Meals Taxes
By Jonathan Feldman on
Posted in Marketplace
The North Carolina legislature has introduced a pair of bills, H.B. 1080 and S.B. 727, which would require marketplace facilitators of prepared food delivery to collect local meals taxes on top of the existing obligation to collect state sales tax. The pending bills also clarify that the state’s marketplace collection threshold of $100,000 or…
Missouri Fails to Pass Marketplace Facilitator Legislation
By Jonathan Feldman on
Posted in Marketplace