The New York State Department of Taxation and Finance released an advisory opinion finding the Petitioner’s fee paid for IT support services was not subject to sales and use tax because the only taxable component of the services was delivered to the Petitioner outside of New York. The Petitioner hired a New York-based company to
sales tax
SALT Policy Picks: Sales Tax Base Expansion Is Not the Answer
This year, Partner Nikki Dobay launched a new column for Tax Notes entitled “SALT Policy Picks,” which provides Nikki’s reflections on state and local tax policy and legislative updates.
In one of her initial columns, Nikki argues that now is not the time for states to consider sales tax base expansion, discussing specifically that…
New York Department of Taxation finds that IT support service was not subject to sales tax
The New York State Department of Taxation and Finance issued an advisory opinion determining that the fee paid for an information technology support service was not subject to sales and use tax because the taxable component of the service was delivered outside of New York. The taxpayer provided investment advice to its customers and as…
New York Tax Department concludes online webhosting product not subject to sales tax
The New York State Department of Taxation and Finance issued an advisory opinion, concluding that a taxpayer’s charges for its online webhosting solution were not subject to sales tax. The customers pay an annual fee for their events (audio and video meetings, conferences, webinars and live presentations) to be hosted and maintained and also…
For Your Eyes Only: New York Advises that Database Service is not Subject to Sales Tax
The New York Commissioner of Taxation and Finance issued an Advisory Opinion explaining that a petitioner’s service that allows customers to access its database and run reports of the customers’ data is not subject to sales tax. The petitioner enters into agreements with customers to maintain their fleet of vehicles, and the petitioner compiles data…
South Dakota Department of Revenue issues updated Internet-related services taxation guidance
The South Dakota Department of Revenue issued updated guidance regarding the application of sales tax to sales of Internet access and internet-related services. In particular, the Department added “Internet e-mail services” and “web hosting” to the list of exempt Internet-related services. However, the Department removed “live chat or conferencing fees” from the list. The Department…
Can you tax me now? Alabama finds that prepaid wireless service was subject to sales tax
Alabama considers the sale of prepaid telephone calling cards and the sale of prepaid authorization numbers not evidenced by a physical card, to be the sale of tangible personal property subject to sales tax. Specifically, Alabama statute considers the “sale of prepaid wireless service that is not evidenced by a physical card” to constitute the…
Indiana Department of Revenue rules that sales of digital coursework to universities are exempt from sales tax
On October 2, 2020, the Indiana Department of Revenue issued Revenue Ruling #2019-09ST concerning the sale of digital course materials to Indiana colleges and universities, which were made available to students on the schools’ online learning management systems. The Department determined that these sales were exempt from sales tax because: (i) the course materials were…
Illinois issues sales tax rules for remote sellers and marketplace facilitators
The Illinois Department of Revenue (IDOR) recently issued updated sales tax rules and guidance for remote sellers and marketplace facilitators. The updated rules and guidance reflect changes made by the 2019 “Leveling the Playing Field for Illinois Retail Act” that became effective on January 1, 2021 (Public Act 101-0031 and Public Act 101-0604).…
Washington ALJ Rules Video Game Developer’s Attendance at Trade Show Created Substantial Nexus
On December 4, 2020, the Washington Department of Revenue Appeals Division determined that an out-of-state company’s participation in an annual three-day trade show in Washington state was sufficient to create substantial nexus with the state and subject the company to both business and occupation tax (B&O tax) and retail sales tax. The taxpayer, an out-of-state…