In this episode of the SALT Shaker Podcast, host Chris Lee discusses four recent developments, which includes a New York State advisory opinion addressing the taxation of email services (TSB-A-20(30)S, July 14, 2020), an Iowa publication addressing the taxability of computer peripherals, a Rhode Island rule concerning the taxability of online hosted software related to
Rhode Island
Rhode Island clarifies sales taxation of advertising software
On December 29, 2020, the Rhode Island Division of Taxation issued a declaratory ruling concerning the taxability of marketing analytic services using proprietary software and an online dashboard hosted on the taxpayer’s own servers. The software and services help customers develop advertising services and evaluate the effectiveness of advertising. According to the Division, the taxpayer’s…
Rhode Island Governor Signs SSUTA Legislation
On June 24, the Rhode Island Governor signed into law S2650 Substitute A, which clarifies the state’s sales taxation of cloud computing and streaming digital products to comply with the Streamlined Sales & Use Tax Agreement. The bill amends the definition of a taxable sale to include any license, lease, or rental of prewritten…
Rhode Island passes SSUTA legislation
On June 18, Rhode Island’s legislature passed H 7532, which expands the state’s tax base to computer software and streaming entertainment to comply with the Streamlined Sales & Use Tax Agreement. The bill expands the definition of a taxable sale to include any license, lease, or rental of prewritten or vendor-hosted computer software…
Rhode Island: Section 965 Income Is not Deferrable for State Tax Purposes
The Rhode Island Department of Revenue recently released Advisory #2018-21 (PDF), which deals with “Section 965” income. The advisory states that the repatriation transition tax is not deferrable for Rhode Island state tax purposes.
Section 965 Background
On December 22, 2017, President Donald Trump signed into a law a bill popularly known as…
Bundled Up: Rhode Island Division of Taxation Finds Subscription Fee Subject to Sales and Use Tax
By Maria Todorova and Charles Capouet
The Rhode Island Division of Taxation ruled that a monthly or annual membership fee that allowed customers to access various benefits associated with shopping on a taxpayer’s website—including discounted shipping benefits; streaming or downloading movies and music; photo storage; and access to games and in-game content—is subject to sales…
A Win for Clean Energy: Court Holds Wind Turbine Exempt from Property Tax in Rhode Island
By Samantha Trencs and Madison Barnett
The Rhode Island Supreme Court held that a wind turbine owned by a non-utility private party was exempt from personal property tax under a manufacturing exemption because the turbine converted wind into electricity. The court rejected the taxing authority’s argument that the turbine was ineligible for the exemption because…
Multistate Tax Commission Commences Annual Conference, Expands Audit Program
Yesterday, the Multistate Tax Commission kicked off its annual conference and committee meetings with meetings of the Audit and Nexus Committees. The MTC’s Audit program continues to grow by adding Iowa, Pennsylvania, Rhode Island and Delaware to the program during the last fiscal year. The MTC Nexus Committee is responsible for administering the National Nexus…
Without Intent to Mislead, Deceptive Trade Practices Claim Fails
A Rhode Island Superior Court decision may provide some comfort to retailers concerned about potential class actions for improper collection of sales and use tax. In Long v. Dell Computer Corp., No. PB 03-2636 (R.I. Sup. Ct., Apr. 2, 2012), the court determined that Dell’s improper collection of sales tax on optional service contracts…