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Articles Posted in Tangible Personal Property

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Washington Nexus Update

As it turns out, Colorado really was just the beginning. As of January 1, 2018, Washington will begin requiring remote sellers to either remit sales and use tax or comply with reporting and notice requirements similar to those in Direct Mktg. Ass’n v. Brohl (DMA IV), 814 F.3d 1129 (10th…

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Class Action Takes on Pizza Delivery Fee in Florida

Few understand or even bring up sales tax issues when they order pizza. The next time you order pizza, take a look at the receipt and see if the pizza shop charges you for the delivery. Taking it a step further, what happens if you purchase an item and pay…

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An Overview of Cloud Computing Trends

As the internet becomes essential to our everyday lives, states are consistently inconsistent in their attempt to tax cloud computing systems. Cloud computing is “the practice of using a network of remote servers hosted on the Internet to store, manage, and process data, rather than a local server or a…

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Received Florida Sales and Use Tax Audit Notice – What Do I Do?

It’s a grim and nerve-racking day for many when they receive the infamous DR-840, Notice of Intent to Audit Books and Records, from our friends at the Florida Department of Revenue. Many Florida taxpayers often ask themselves, “Why me?” Or, “What did my company do wrong in order to receive…

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The Future of State and Local Tax: Look to the Stars … I Mean the Clouds

Aside from the Marketplace Fairness Act, cloud computing has dominated the sales tax world in 2013. With more and more companies using software as a service (SaaS), platform as a service (“PaaS“), and infrastructure as a service (“IaaS“), more and more uncertainty has arisen in the sales tax world. Cloud…

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Senate Passes Marketplace Fairness Act By Overwhelming Majority

On May 6, 2013, Senate passed the Marketplace Fairness Act . It was announced that the bill passed with a vote of 69 to 27. The bill provides for an exception for businesses with sales of less than $1 million annually. States which are members to the Streamlined Sales and…

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WRONG QUESTIONS = WRONG ANSWERS: COURTS CONTINUE TO ASK THE WRONG QUESTIONS IN 2012 SALES TAX CASES

Without getting into a tedious history of a sales tax, the tax was essentially created during the Great Depression in the 1930’s. The first sales tax laws were hastily and poorly drafted. The poorly drafted laws were copied from state to state. The sales tax regime was designed to tax…

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MULTI-STATE SALES TAX UPDATE: TANGIBLE VS. REAL PROPERTY. WHY SHOULD IT MATTER AND WHY PENNSYLVANIA GOT IT WRONG.

For decades, courts, state agencies, and state legislatures continue to ask the wrong questions in regards to state sales tax. This continuing practice has led to decades of inconsistent decisions in different states with similar laws. At the heart of the issue is the notion that the states have continually…

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