The Pennsylvania Test

Pennsylvania is getting creative when it comes to determining a taxpayer’s domicile.

A Florida resident completed a questionnaire to the best of her knowledge. However, unbeknownst to the Florida resident, the document would implicate her as a Pennsylvania resident. Although the Florida resident had owned a rental property in Pennsylvania during the years in question, there were no other ties to the state. The taxpayer’s defense was that she had visited Pennsylvania part of that time she was caring for an ill family member. The Pennsylvania Department of Revenue up-held that the Florida taxpayer failed the residency “Days Test” and must therefore file and pay taxes for years 2004 through 2012.

Domicile laws can be tricky! Contact a member of our state and local tax team with any questions.

 

 

 

Wisconsin Issues New Publication on Tax Incentives

The state of Wisconsin has just issued a new publication outlining tax incentives. The publication contains tax incentives that may be available to businesses that are doing business in Wisconsin for taxable years beginning in 2017. This publication reflects the department’s position concerning laws enacted by the Wisconsin Legislature effective on December 31, 2017. It includes guidance on 15 different credits including business development, development zone credits, and manufacturing and agriculture credits.

For more information on this and similar tax incentives for other states, contact our state and local tax team.

 

 

Wyoming Approves Tax Collection Fees

Senate Bill 50 was signed into law amending Wyo. Stat. §39-15-107 to allow collection agencies to charge delinquent taxpayers additional fees for their collection efforts. They may now charge the taxpayer up to 20 percent of the value of the tax. This fee will be charged on top of the tax, interest, and other penalties. Those debt collection fees were previously paid for with funds from the Department of Revenue prior to the passage of this new law.

Contact a member of our state and local tax team for more information on similar laws that may be in the works for other states.

New York Division of Tax Appeals Dismisses Taxpayers Appeal as Frivolous

Recently, a taxpayer in New York challenged the assessment of additional income tax, stating that: “There is no law requiring me to pay taxes. Therefore I do not have a debt. Please grant me $1,500 for the years of inconvenience.” He also attached a copy of the Thirteenth Amendment to the U.S. Constitution (Prohibition against slavery). By dismissing the suit as “frivolous,” the court was empowered to assess an additional penalty of $500 which it chose to do in addition to upholding the Tax Division’s assessment.

While this may be a bit comical, frivolous law suits are no joke. Contact your local SALT professional to learn more about this case and others that might be deemed frivolous.

Amazon Announces that it will Collect Sales Tax on All Transactions in Pennsylvania

Amazon recently notified sellers that it would begin collecting and remitting sales tax on behalf of third party sellers starting April 1. This is the result of the newly enacted “Marketplace Facilitator Law” which Washington has also enacted. Amazon is also collecting tax on all sales in Washington. Normally, Amazon does not collect sales tax on third party sales that are not “fulfilled by Amazon.” Guidance on whether market place sellers have other compliance or filing requirements is still evolving.

For more information on how this new law may impact your business, contact your state and local tax professional.

Ignorance of the Law is Not a Defense Against a Sales Tax Assessment

A taxpayer that performed solid waste removal was recently assessed for sales tax not collected on that taxable service.  The assessment was upheld by an Arkansas Administrative Judge who opined that lack of constructive knowledge of the tax levy or that other similar entities were not collecting the tax was not an adequate defense. Additionally, the Department of Finance and Administration was not estopped from enforcing the tax law because there was no evidence that its employee’s had made statements that the service was not subject to sales tax.

Sales tax can be tricky to navigate, but we’re here to help. Contact an Eide Bailly SALT professional today.