Representative J.D. Prescott (R) introduced Indiana House Bill 1312, which would impose a surcharge tax on social media providers. This proposed bill shares similarities with proposed digital advertising taxes in Maryland and New York, except that Indiana’s proposed surcharge tax is targeted at social media providers deriving revenue from advertising services on their
2021 – State Legislative Prognostication
Welcome to the Eversheds Sutherland State and Local Tax policy series, a new feature of the SALT Shaker Podcast. In this first episode, we focus on 2021, the effect of the pandemic on state budgets and attempt to prognosticate what to expect as state legislatures near the time for their sessions.
The Eversheds Sutherland State
New York Rings in the New Year by Proposing Bill that Would Expand Sales Tax Base to Digital Advertising Services
Legislation (S.302) was prefiled in the New York State Senate for the 2021-2022 legislative session that would expand the sales tax base to digital advertising services. The bill was prefiled by Democratic State Senator Kevin Thomas.
The bill defines “digital advertising services” as “advertisement services on a digital interface, including advertisements in
Florida Senate introduces economic nexus and marketplace facilitator bill
On December 18, SB 50 was filed in the Florida Senate 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 is therefore
Colorado Department of Revenue Amends Regulation to Tax Streaming Digital Goods
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
Strike Two: Another California Court of Appeal Holds Voter-Initiated Local Special Taxes Not Subject to Constitutional Two-Thirds Supermajority Voting Requirement
On December 17, 2020, a California Court of Appeal in the state’s Fifth Appellate District reversed a Fresno trial court decision, which held the California Constitution’s requirement that local taxes be approved by a supermajority vote applies to taxes imposed by voter initiative. The Fifth District followed in the footsteps of the First Appellate District
California Department of Tax and Fee Administration requests comments on marketplace sales regulation
The California Department of Tax and Fee Administration has informed the public that it intends to commence formal rulemaking to permanently adopt Emergency Sales and Use Tax Regulation 1684.5, Marketplace Sales. The regulation addresses issues regarding marketplace facilitators’ and marketplace sellers’ registration and tax collection obligations. The Department asks for interested parties to submit
Missouri legislator files economic nexus and marketplace facilitator bill
A Missouri legislator pre-filed House Bill No. 244, which would require, beginning January 1, 2022, use tax nexus for remote vendors if their cumulative gross receipts from sales of tangible personal property, digital goods, and services to purchasers in Missouri is at least $100,000 annually. The bill would also require, beginning no later than
Tax on Broadband Service Providers is New York’s Newest Bad Idea
Companion bills recently introduced in New York State (A. 11180 and S. 9112) would impose a temporary tax on businesses that provide broadband internet access service. Revenues generated from the tax would be earmarked to fund the provision of broadband internet access services to students in the state during the COVID-19 pandemic.
California’s Three-Member Franchise Tax Board to Consider Proposed Market-Based Sourcing and Alternative Apportionment Regulations at December Meeting
On December 18th, the three-member Board of the Franchise Tax Board (FTB) will hold its final quarterly meeting of 2020. At the meeting, the Board will consider the 2021 Rulemaking Calendar. The Calendar contains the agency’s schedules for its administrative rulemaking processes on various regulation projects. Two significant corporate franchise tax regulation projects on