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Sales Tax Defined Sales Tax
Imposed on the retail sale of tangible personalty or services within the taxing jurisdiction
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Use Tax Defined Use Tax Imposed on the possession, use, storage, or consumption of tangible personal or services within the taxing jurisdiction
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Use Tax Illustration Doris O’Brien Resident of State A
Purchases $ 30,000 of goods Pays $ 1,200 sales tax (*) $ 30,000 X 6.5% $ 1,950 (1,200) $ net tax due
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Sales and Use Tax Nexus Vendor's physical presence in state is required (Quill decision) and is established if the vendor: Maintains a place of business for selling or storing property in-state. Uses employees or independent contractors for selling or delivering goods in-state.
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Sales Tax Burden Wealthy taxpayer illustration:
Income (net of income taxes) of $ 200,000; 50% Investment or $ 100,000; Consumption $ 100,000 including $ 6,000 sales tax Middle income taxpayer illustration: Income (net of income taxes) of $ 50,000 Consumption $ 50,000 including $ 3,000 sales tax
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Excluded Goods or Transactions
Sales for resale Ingredient or component parts Industrial or agricultural machinery or equipment Property used or consumed in manufacturing Containers and packaging Occasional sales
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Tax-exempt Purchasers
Federal government and agencies State and local governments and agencies (public hospitals, state schools, etc. Not for profits
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Areas of Current Interest
Definition of Specific Exemptions Taxation of Services Sales Tax Audits (Tyco) Taxation of e-Commerce Streamlined Sales Tax Project Alternative Approaches to Sales/Income Tax Sales/Use Tax on Capital Changes Competition with No Sales Tax States—NH,DE,MT,OR Tax Amnesty, Holiday Programs
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Payroll Taxes State Withholding Arrangements Unemployment Compensation
Audit Issues
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Property Taxes Ad valorem base Personal Property Taxes Intangibles
Autos and Similar Vehicles Accounts Receivable, Inventory, Machinery and Equipment Intangibles Real Property Taxes Assessment & Collection Procedures
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Other Taxes Incorporation Tax License Tax (Occupations & Professions)
Realty Transfer Tax Mortgage Recording Tax Capital Stock Tax Franchise Tax
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