SALT Blog - SALT Blawg

 By Paul Masters

Any Material Damage Enough to Avoid Sales Tax on Installation Costs for a Roller Coaster, But Likely Not in Texas

The New York Tax Appeals Tribunal has summarily affirmed a recent decision of the Division of Tax Appeals analyzing the applicability of sales and use tax to the $2,000,000 purchase and installation costs paid by Amusements of WNY, Inc. (“WNY”) for the Silver Comet roller coaster. The Tax Appeals Tribunal rejected the Division of Taxation’s appeal on the basis that the Silver Comet could be unbolted from its cement footings and re-erected elsewhere ...

Some two weeks ago, we commented on the passage of House Bill No. 2403, a stand-alone version of the Amazon law that would have clearly required Amazon and other Internet retailers subject to collecting Texas sales and use tax on sales of tangible personal property if there was a link to a physical presence in Texas. Amazon had such a link via its distribution center near Dallas. A bill introduced by Rep. Harper-Brown to protect Amazon from such a requirement to collectTexas sales and use tax was buried in the House Ways & Means Committee.

On May 31, 2011, Texas Governor Rick Perry vetoed this ...

The New York Division of Tax Appeals, an Administrative Court, recently ruled in Decision DTA Nos. 822750 and 822751 on the basis of whether the auditor properly used estimated techniques to determine the amount of tax due in connection with an audit of a full-service Japanese restaurant.  The taxpayer, a full-service Japanese restaurant with small bar, was audited for the period of March 1, 2004 through November 30, 2006 in connection with sales and use tax.  The audit period was subsequently amended to include that period through May 31, 2007.  During the course of the audit, the ...

Virginia, like Texas, treats a contractor as the consumer, or the user, of materials that it purchases in order to perform construction and other contracting services.  See generally, Virginia Field Audit Guidelines. In the case of Texas, this application of this rule depends on the invoice methodology used by the contractor, i.e., whether the contractor uses a separated or completed contract. See generally, Texas Audit Procedures for Contractors and Repairmen.

In the instant case, the taxpayer fabricates and delivers to job sites various tangible personal property (“TPP” ...

 By Paul Masters

With one lone dissent, the Texas Senate passed a bill last Friday, May 13, 2011, relating to Internet retailers doing business in Texas. As previously highlighted HB 2403 attempts to settle the issue raised by the Texas Comptroller on whether Amazon is engaged in business in Texas by setting up a distribution center in Texas. The Comptroller has already estimated a $269 million assessment against Amazon. This bill states that this is a "change in law," and that it does "not affect tax liability accruing before the effective date" of the legislation, being January 1 ...

 By Paul Masters

By unanimous consent, the Texas House passed HB 1841 which establishes that the sole activity of placing a web page on a server of a third party in Texas does not constitute doing business in Texas. Further, the bill provides safe havens for persons providing Texas host services, by ensuring no such person has a duty to (i) examine a user’s data to determine applicability of the sales tax to a user, (ii) report to the Comptroller the user’s activities, or (iii) advise a user as to the applicability of the sales tax in Texas. The Senate is expected to pass similar ...

 By Paul Masters

On Tuesday, the Texas House easily passed HB 2403. The bill addresses the “Amazon” issue, by subjecting a person to tax if the person has a distribution center in Texas, but also expands the definition of doing business in Texas to include any person who “derives receipts from the sale” of tangible personal property in Texas. This would presumably include Amazon affiliates, an issue hotly contested by Amazon in New York and other states.

Specifically, the bill modifies the Texas Tax Code as follows:

(i) redefines "seller" and "retailer" under the Texas Tax ...

The Texas Comptroller recently ruled in Hearing No. 100,984 that where an out-of-state seller authorizes Texas retailers to provide warranty service, such authorization constitutes sufficient nexus for sales and use tax purposes in Texas.