Sunny Day |
05-06-2013 07:02 PM |
Sales tax totally (almost) explained
Alright, this is the web post I swore I wouldn?t write. The quote, ?never wise up a chump.? I?m giving you what as a consultant I should charge for.
I worked for a Fortune 750 company in their tax department. Most tax departments are seen as a Cost Center. We viewed ours as a Profit Center. Every $1,000,000 we saved in taxes was $1,000,000 in net profits. I personally helped on 2 projects of $30 million & $5 million and led $1 million & $.5 million recoveries.
I also know sales tax. I worked on creating a sales tax program for 5 years and gave up, as I couldn?t find a programmer. The biggest sales tax program in the country can?t make their program work and I bet I can spot errors in their rates. They charge over $10,000 a year for their program that doesn?t work right. It works, you just have to modify it for your specific business.
LPink is correct, posters here confuse income tax with sales tax. However if Interstate Sales Tax becomes the law of the land, and you pay a hefty sales tax in an area, the income tax man will come looking for his cut of income taxes. Since I thought LPink is in Kentucky, I?m going to him use as my example.
1st you have to understand terms like ?Nexus.? Nexus means LPink has a physical presence in a taxable area in KY. Having a store in an area is Nexus. Having a salesman based in CA or attends trade shows in LA where he sells product, (conventions don?t count if he isn?t selling) is Nexus in CA.
Next terms are tangible and non-tangible products. Tangible products are anything you can feel or touch. Buying a burger is a tangible product. Priceline getting you a room discount is a non-tangible product. It?s called a service. Since most of you aren?t in construction or a repair business, I?ll skip that, as it?s a complete new set of rules. In some states repairing a furnace is taxable, some not. Some the parts are, some not. But tangibles and non-tangibles can be charged different rates.
The myth is there are 50 states collecting 50 taxes. There are over 40,000 separate sales tax rates in the U.S. and if Lpink had to pay every jurisdiction, he would probably have to file close to at least 500 separate quarterly or yearly sales tax returns. Some states collect all the taxes. Some states allow locals to collect.
LPink, in Kentucky there is a flat rate of 6% of all Kentucky sales. A very simple form to fill out & pay..
If LPink was to start a business in several states, there is no sales tax. Period. End of story.
However, Alaska has no state sales tax, but there are local sales taxes. Some Boroughs (counties) and or some cities collect joint or separate sales taxes. Many exempt Native Americans (Eskimos) from the tax. I haven?t checked the rates lately, but Maryland and Oklahoma exempt ALL veterans from ANY sales tax. If memory recalls I think one or two places in Alaska have Vets exemptions. Many of the taxing districts only collect a sales tax March 1 to September 30. Right there you have about 50 separate filings. Church groups may be exempt from not only sales tax, but other taxes you?re required to collect.
Then many states exempt many different items and specifically tax certain items. Several East Coast states have taxable & non-taxable lists. Oh, did I mention many states have a ?Back to School? exemption on sales tax for ?school supplies?? This is just the tip of the iceberg.
Now let?s move to a really crazy state, Alabama.
Alabama collects a state sales tax. Alabama may or may not collect any county or city sales taxes. Each county or city decides if they let the state collect for them. Each county or city may collect their own sales tax or hire a private company to collect the sales tax. A sale may involve 1, 2 or 3 sales tax returns. To make it more fun. Sales tax rates on a local level may involve a county rate, a city rate and something called a ?Police Jurisdiction rate.? A ?Police Jurisdiction rate,? is the area the police patrol inside a city and SOME areas outside the city limits. Other than GEOCODING a specific property, you?ll never know if they are inside or outside. Hell, I don?t think the land owner knows half the time. He cousin, Bubba, the police chief always comes out for any crimes.
Getting the idea?
Here?s a couple of more. Kansas and other states are going to ?Delivered Address Tax.? LPink sells a sofa in his store and the buyer uses his pickup to haul away, Lpink uses the store rate. If LPink has to deliver the sofa, Lpink charges the tax rate where the buyer lives. Each tax district has an in store and delivered sales tax code. Making Kansas has over 850 sales tax rates you must line item. It?s all paid to the state, but you must line item the amount of sales collected in that jurisdiction.
Every county has a line code. Now if that sale is in a city or county There may be a tax. For either the city or county or both.
Now to spice things up. Kansas like many states now have special districts to collect a small percentage to offset bonds issued to pay off shops built. Raging Socialism, despite the beneficiaries claiming Capitalism at it?s best. WTF? In Kansas, the smallest, poorest county of 155 sq. miles v London at 607 sq. miles, v the Kansas City Metro area of over 2000 sq. miles. (In perspective, Luxembourg has 996 sq. miles & Holland has 2100 sq. miles). Wyandotte County, Kansas City, Kansas, manages to have 9 separate sales tax rates, line items to account for, in a 3 sq. mile area in or around the NASCAR track, Kansas Speedway, plus 3 other sales tax areas.
But Wait!! There?s MORE!! THERE?S LOUISIANA!!!
Louisiana collects the state sales tax and a few parishes (counties) allow the state to collect the sales tax. Fortunately local governments defer to the parishes. Now here is where the fun begins. There can be 1 to 6 line columns on a parish return. You might have to break down the collect by parish, school district, criminal/civil district or other district.
But Wait!! There?s MORE!! THERE?S TEXAS!!!
4 houses on street corners may have different codes/rates as being in separate library, school, hospital or fire districts. And the county, city and districts can set their own rate as long as the don?t exceed a maximum rate. So a store in the city may pay a lower fire rate than a store in the county, even than a in the same fire district if the city, which trumps the fire district claims all the tax. Actually, it?s easy in math, just hard to explain.
But Wait!! There?s MORE!! THERE?S New Mexico!!!
New Mexico has no ?sales tax.? It?s a Gross Receipts tax. But you get to deduct cost of the products you sold or returns. Gross receipts means if LPink adds on a ?sales tax?? he pays a Gr based on the total sale. Say $100. + 6% for $106. LPink pays New Mexico 6% on the $106. Pennies, but it adds up. Much as $.30 per $100.
But Wait!! There?s MORE!! THERE?S Hawaii!!!
Sort of like New Mexico, Hawaii is a ?Revenue? state. But crazier, you can?t add a sales tax or revenue tax on top of the purchase price. LPinks sells an ice cream cone on the beach, he can only collect a dollar if that?s his posted price [a separate issue ? TOTALLY]. LPink then has to use math to back out the sales tax amount. After backing out the tax, you can?t be charging more than a certain percentage. Also In Hawaii, you pay the tax on wholesales sales ½ of 1% last time I checked.
Then states allow you to collect a flat amount. Say a dollar for a product and you pay the sales tax out of the dollar. But some states require you to post a sign stating the sale sales tax is included. Other states, including the tax is illegal.
And don?t think of using zip codes. Zip Codes cross multiple county, city and any other district boundaries. Every state with more than one taxing code will have to provide geocoding for every address. However, that doesn?t work as the computers are set up to EXACT MATCH. If you live on Honey Lane and enter it as such but the computer uses the USPS of Honey LN it bounces back as no match. Or if LPink has a store and a warehouse next door and uses the warehouse address for deliveries it might bounce out as his store id the listed address for USPS.
There you have the short lesson in American sale tax. When you master the entire U.S. Income tax code you might be ready for Lesson One of the sales tax code. Actually, sales tax is nothing compared to knowing all the licenses and permits any business needs to know for any U.S. jurisdiction. There are millions of rules and regulations. Fortunately I only had to know those for 450 jurisdictions. Several states require a separate license to sell ice cream at a movie theatre. In Massachusetts if there are moviegoers under 16 a ?matron? is required to be on duty. In the old days they wore nurses? uniforms, now an usher can just wear a badge saying ?Matron.? Many states still require a separate Sunday license for many items.
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