Significant Changes to Illinois Nexus Rules effective October 1, 2018

Posted in Illinois, Nexus, Retail, Use Tax

Illinois recently passed Public Act 100-587 which requires remote sellers with no physical presence in Illinois to register and collect Use Tax on sales sourced to the state if certain thresholds are met, effective October 1, 2018. On September 11, 2018, the Department issued an emergency regulation, Sec. 150.803 to provide further guidance on the state’s new economic nexus statute.[1]

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Indiana SaaS Exemption Designed to Address Market Considerations

Posted in Indiana

Indiana recently passed a new sales tax exemption for Software as a Service (“SaaS”), effective July 1, 2018.  Under the new law, sales, leases, and licenses of prewritten software remains taxable, regardless of delivery mechanism, but sales, leases, and licenses of SaaS products are not subject to tax. As such, it appears that if a customer has access or control over the software code, the transaction remains taxable in Indiana. If not, the transaction will not be subject to tax going forward. This distinction is similar to the possessory versus non-possessory rules of the Chicago Personal Property Lease Transaction Tax (“Chicago Lease Tax”) which taxes the lease or license of cloud products at a lower rate, 5.25%, than leases or licenses of software delivered by other methods, which is taxed at 9%.

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Overturning Quill: The Widespread Reach of the South Dakota v. Wayfair Decision

Posted in E-Commerce, Nexus, Sales Tax, South Dakota, U.S. Supreme Court, Use Tax

Today, the U.S. Supreme Court issued its decision in South Dakota v. Wayfair, overturning Quill Corp. v. North Dakota, 504 U. S. 298 (1992) and National Bellas Hess, Inc. v. Department of Revenue of Ill., 386 U. S. 753 (1967), that required businesses to have a physical presence in a taxing jurisdiction in order to create nexus for sales and use tax purposes. The Court, overturning its own precedent, held that those cases were “unsound and incorrect.”  Additionally, the Court implied with this decision that its prior jurisprudence on the dormant Commerce Clause may be questioned.[1]

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SCOTUS Rejects Physical Presence Rule in Wayfair

Posted in E-Commerce, Nexus, Sales Tax, South Dakota, U.S. Supreme Court

In a narrow 5-4 decision, the Court in South Dakota v. Wayfair, Inc. overruled its long-held precedent and held that under the Commerce Clause physical presence is no longer the touchstone for sales tax nexus. Dating back to its decision in National Bellas Hess in 1967, the Court had been clear that a state sales tax passes scrutiny under the Commerce Clause only if the out-of-state business had a physical presence in the taxing state. The holding in National Bellas Hess was affirmed by the Court most recently in 1992 in Quill. Since Quill, the e-commerce marketplace has exploded and, in many ways, is now the sole channel through which consumers shop for purchases of tangible personal property.

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Tax Reform: Auto Dealers Rejoice Over Preservation of 100% Floor Plan Financing Interest Deduction

Posted in Federal Tax

The Tax Cuts and Jobs Act (Act) made significant changes to the Internal Revenue Code. One such change significantly restricts business interest deductions, which were fairly broad under the old law. However, significant carve outs remain in place for the complete deduction of floor plan financing interest. Revised Code § 163(j) states that the deduction for business interest is limited to the sum of:

  1. business interest income for the taxable year;
  2. 30 percent of the taxpayer’s adjusted taxable income for the taxable year; and
  3. the taxpayer’s floor plan financing interest for the taxable year.

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The Complexity of Sales and Use Tax Compliance

Posted in E-Commerce, Retail, Sales Tax, U.S. Supreme Court, Use Tax

Sales and use tax compliance is complicated.  Both sellers and purchasers are required to determine where they have nexus, where the purchased products or services should be sourced, and whether the product or service itself is subject to tax. While this sounds simple enough, in practice, it is extremely difficult.

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Alabama Tax Amnesty – Catching the Wave or Sliding in Before the Doors Close?

Posted in Alabama, Income Tax, Nexus, Sales Tax

Limited tax amnesty programs gain popularity every few years and this is one of those years. The Alabama legislature has joined the growing list of states providing amnesty programs for taxpayers with unreported tax liabilities.  The Tax Delinquency Amnesty Act of 2018 was recently passed and will be in effect from July 1, 2018, to September 30, 2018. Act 2018-153 (H.B. 137), Laws 2018. The program applies to all taxes administered by the Department of Revenue, but excludes motor fuel, motor vehicle, and property taxes. Eligible tax liabilities include liabilities that became due prior to January 1, 2017, or tax liabilities for periods that began before January 1, 2017.

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Colorado Department of Revenue Shocks Taxpayer Community by Rescinding All Prior Revenue Bulletins and Policy Positions

Posted in Colorado, Retroactive Taxes

The Colorado Department of Revenue, to the surprise of many, announced that effective as of February 28, 2018, it was rescinding all prior Revenue Bulletins and Policy Positions previously published by the Department.

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Illinois Secretary of State Significantly Decreases LLC Filing Fees

Posted in Illinois, Sales Tax, Use Tax

Businesses were pleasantly surprised to learn that the Illinois Secretary of State reduced Limited Liability Company (“LLC”) filing fees following the passage of Senate Bill 867. This bill was passed in both houses on November 7, 2017 and went into immediate effect upon signature by the governor on December 20, 2017. The fee reduction is intended to allow more businesses to register and maintain business registrations in Illinois. The reduction impacts nearly all LLC filings, reducing fees across the board. For example, the filing fee for Articles of Organization was $500, it is now $150. Similarly, the annual report filing fee was $250, it is now $75.

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