News & Tips

Here you can read up on significant developments in the world of sales and use tax. Find the latest legislative updates and helpful tips to keep you in compliance across all 50 states. You can filter news items by topic and/or a jurisdiction of interest.

Michigan Court of Appeals: Recycling machines do not qualify for Industrial Processing Exemption

A Michigan Court of Appeals on July 21, 2022 upheld a ruling that the seller of recycling machines did not qualify for the state’s industrial processing exemption.

Vermont expands sales and use tax manufacturing exemption to include machinery and equipment in integrated production operation

Machinery used in or consumed as an integral or essential part of an integrated production operation is not subject to sales and use tax in the State of Vermont as of July 2022 following an amendment expanding the Manufacturing Tax Exemption.

Washington issues interim statement regarding the taxability of non-fungible tokens

Purchases of non-fungible tokens, or NFTs, are taxable in most cases and sellers of NFTs are subject to Washington business and occupation (B&O) tax on gross proceeds, according to an interim statement provided by the Washington Department of Revenue in July.

Online learning courses ruled nontaxable in Texas

Subscriptions to online learning services are not taxable in the state of Texas, according to a July ruling in a private letter published by the state comptroller, but planning services purchased by teachers are subject to tax.

Challenge to Chicago’s streaming tax settled between the city and Apple

Apple and Chicago agreed to settle a lawsuit claiming the city’s 9% streaming tax was unconstitutional.

New Jersey creates an annual sales tax holiday for school supplies, including computers and sports equipment

Retail sellers of school supplies, computers and sports equipment in New Jersey will be eligible for a back-to-school sales tax holiday signed into law on June 30, 2022 as Chapter 21 by the state’s senate and general assembly.

Pennsylvania warns businesses of scam letters impersonating the state’s Department of Revenue

Phishing scams are not limited to email and bad actors are even using snail mail to create fear of sales tax audits in the hope of defrauding businesses, according to a warning issued by the Pennsylvania Department of Revenue on July 14, 2022.

New York Appeals Court ruling on sales tax refund for concrete offers reminder of the critical role invoicing plays in sales tax

A July 2022 slip opinion ruling by New York Appellate Division’s Third Department against a company claiming eligibility for sales tax refunds on several purchases of concrete is a reminder that companies can save vendors money simply by the way they package goods for sale.

Wisconsin clarifies sales and use tax of antiques, crafts and artwork in July fact sheet

Sellers of antiques, crafts and artwork in Wisconsin will need a seller’s permit, and the items are subject to sales tax unless an exemption applies, according to a fact sheet published by the Wisconsin Department of Revenue in July 2022.…

North Carolina ruling on taxation of manufacturing machinery and equipment offers a reminder for taxpayers in all states

In a decision impacting manufacturers in North Carolina, the state’s Department of Revenue, Sales and Use Tax Division explained in a private letter ruling request that the purchasers of machinery and equipment for a manufacturing plant are not exempt from state sales and use tax.

Colorado Enacts COVID-19 Tax Relief for Restaurants, Bars and Mobile Food Vendors

Colorado has enacted legislation that provides a temporary deduction from state net taxable sales for qualifying bars, restaurants and mobile food service vendors.

Maryland Updates Digital Products Definition with New Exclusions

On July 1, 2022, Maryland changed the definition of a digital product to make application of sales and use tax exclude certain products.

Maryland Creates Exemptions for Diapers and Infant Related Products

Beginning July 1, 2022, Maryland exempts diapers and various other products related to infants and their care.

Iowa Updates Sales Tax Base

A new Iowa law modified their sales tax base. In short, the changes include combining sales and use tax returns and their permits into one.

Washington Taxes Account Access Services

The Washington Department of Revenue (DOR) denied a company seeking to claim sales tax exemptions for their account access services to credit unions.

New Louisiana Laws Aiming to Streamline Sales Tax System

On June 18, 2022, the Louisiana governor signed three acts into law that aim at giving the Louisiana Sales and Use Tax Commission for Remote Sellers more authority and centralizing sales tax in the state.

Oklahoma Makes Changes to Qualifications of Marketplace Facilitators

Oklahoma amended their definition of marketplace facilitator to include any person that facilitates any retail sales of “products,” not only retail sales of “tangible personal property.”

Pennsylvania Provides Notice for All Recent Taxability Changes

Pennsylvania has provided a notice that details the changes made to their state laws regarding sales tax.

Washington Enforces Collection of Sales Tax for Renewable Energy Equipment Sales

Washington Department of Revenue held a taxpayer accountable for collecting sales tax on their retail sales to a renewable energy company.

Utah Issues Guidance on Taxing Sales of Tangible Personal Property Attached to Real Property

In May 2022, the Utah State Tax Commission released a publication regarding the sales taxation of tangible personal property attached to real property, as well as guidelines on who must collect and pay the sales tax on those sales.

Pennsylvania Online Sales Tax System Changing to myPATH

Pennsylvania is changing the way that taxpayers will electronically file sales and use and excise returns, make payments, and renew licenses, among other services.

Florida Lowers Electronic Sales Tax Filing Threshold

Effective January 1, 2023, Florida is lowering their threshold for the electronic filing of sales taxes.

Massachusetts Cookie Nexus Challenged

In the US Supreme Court decision, South Dakota v. Wayfair, it was made clear that taxing sales from out-of-state sellers cannot be applied retroactively and electronic cookies do not constitute physical presence according to the Massachusetts Appellate Tax Board in a recent ruling.

Florida Offering Over One Billion In Tax Relief

On May 6, 2022 the Governor of Florida, Ron DeSantis signed HB 7071, offering $1.2 billion in tax relief, by means of gas tax and sales tax holidays.