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Intacct and AvaTax

Article 02.16.2018 Dean Dorton

Repost from Avalara  

2017 was a big year for sales and use tax, and 2018 promises to be even bigger. States will likely continue to creatively redefine physical presence nexus, impose use tax reporting requirements, and tax third-party (marketplace) sales. They’ll almost certainly have to adjust their sales tax laws if Congress succeeds in enacting federal tax reform. And 2018 could be the year the Supreme Court of the United States reconsiders Quill Corp. v. North Dakota, 504 U.S. 298 (1992), the seminal ruling that prohibits states from taxing remote businesses without an in-state presence.

While we can’t tell the future, we can anticipate some of the trends sales and use tax will see in 2018. Read on to learn more.

State efforts to tax marketplace sales

Collect tax or comply with use tax reporting requirements

Although Amazon now collects tax in all states with a sales tax, it only does so on its own sales; sales by its marketplace sellers go untaxed unless the seller specifically asks (and pays) Amazon to collect it. That changed in 2018 — at least in one state.

Starting Jan. 1, Amazon started to collect tax on all of its Washington state sales, marketplace transactions included. The e-commerce giant is complying with Washington state’s new marketplace fairness law, which requires it to either collect the tax or comply with new use tax reporting requirements for non-collecting retailers. Why Amazon has chosen to comply with this law is unclear, though Washington is its home state.

Minnesota, Pennsylvania, and Rhode Island have enacted similar laws. Although Minnesota won’t require collection on these sales until the middle of 2019, Pennsylvania expects marketplace facilitators to register and collect by March 1, 2018, and the Rhode Island law took effect last August. It’s unclear how many businesses are complying with it, or how the state plans to enforce it in the coming months.

These states aren’t going after marketplace facilitators only. All hold the marketplace seller liable if the facilitator doesn’t collect and remit tax on its behalf. They also impose collection or use tax reporting requirements on certain referrers.

Since Amazon is complying with Washington’s law, there’s a good chance we’ll see more of these laws in 2018. Keep an eye on New York, North Carolina, and Texas, three states that considered taxing marketplace facilitators 2017.

Identify your third-party sellers

Massachusetts and Connecticut are taking a different tactic. They’ve asked Amazon to identify all marketplace sellers with inventory in their states.

Last spring, Connecticut Revenue Services Commissioner Kevin B. Sullivan told Bloomberg BNA that he expects Amazon to comply with the state’s request. If it has, Connecticut is keeping quiet about it. As far as we know, the online behemoth hasn’t complied with Massachusetts’ request: It may be in private discussions with the state, or it may plan to fight the Massachusetts Superior Court’s order to comply.

A legal battle could drag on for much of 2018 in Massachusetts. On the other hand, the company could work out a deal with one or both states. Stay tuned for more news.

Here’s looking at you, seller

Virginia hasn’t asked Amazon to identify its third-party sellers. However, it does hold marketplace sellers liable for sales tax if they keep inventory in Virginia. States will be watching to see if Virginia actually brings in the more than $20 million it expects to get from this in the 2018 fiscal year. Could it be that easy to get remote sales tax revenue?

And as of Dec. 1, 2017, Mississippi is holding certain remote vendors who “purposefully or systematically” exploit the Mississippi market liable for tax on their sales. If it succeeds in getting remote vendors to comply, other states may enact similar legislation in 2018.

Just give us the money

South Carolina has taken still another stance. In 2017, it handed Amazon a bill for millions in uncollected tax on its marketplace sales, and that’s just for the first quarter of 2016. The state wants Amazon to collect tax and place it in trust until this issue can be resolved, which could happen when the case goes to trial in November 2018.

If South Carolina wins, expect other states to follow its lead.

Hungry for sales tax

If not, Connecticut, Massachusetts, Ohio, and Rhode Island have a plan. They all maintain that out-of-state internet companies establish a physical presence in the state when they place software or web cookies on in-state devices, like computers, phones, and tablets. While this might not impact catalog sellers that don’t advertise online, it will surely affect online sellers.

It will be interesting to see how these laws play out in the coming year. Rhode Island’s policy took effect last August, Massachusetts’ policy on Oct. 1, 2017. Ohio’s new law took effect Jan. 1, 2018, and Connecticut will release guidelines in early 2018.

The sneaky solution

Tired of waiting for Godot, some states have come up with a creative, if sneaky, solution. They’re imposing use tax reporting and notification requirements on non-collecting vendors, which require these vendors to inform all potential customers that they don’t collect sales tax and the customer may have to remit use tax directly to the state. Non-collecting vendors also have to send all customers an annual report detailing the total amount of their purchases that year, at a minimum, and send states annual reports of the total amount of customer purchases.

This is a way to pressure non-collecting vendors to collect without enacting litigious remote sales tax laws — the lengthy legal battle over use tax reporting has already come and gone. If the first states to enact these (Colorado, Vermont) see an uptick in sales tax collections, other states are likely to consider similar requirements in 2018.

The ongoing battle to kill Quill

Let the Supreme Court decide

The slow-burning battle to kill Quill is likely to heat up this year. South Dakota has petitioned the Supreme Court of the United States to hear a case involving its remote seller compliance law, which was created specifically to challenge the physical presence precedent upheld by Quill. If the court takes the case, all states will be watching. If it abrogates Quill, states will have a clearer path to tax sales by remote vendors. If the court doesn’t take the case, states will aggressively enact the preceding concepts.

Let Congress decide

Many states are hoping the court will intervene because Congress hasn’t, despite repeated calls for it to do so. Yet Congressman Bob Goodlatte, Chairman of the House Judiciary Committee, recently asked the court to not “give up on Congress.” He says his committee “has been working diligently and assiduously” to solve the problem of untaxed remote sales and urges the court to let Congress finish what it’s started.

Does this mean we can expect to see more congressional action on this in 2018? Time will tell.

Federal tax reform fallout

Until we know exactly what the final plan is, there’s no knowing exactly how state sales and use tax will be impacted by federal tax reform. However, there is guaranteed to be fallout. If Congress succeeds in pushing it through as quickly as it hopes, states will be scrambling to understand and react to it in 2018.

Everything else

The above are some of the biggest issues facing sales tax in 2018, but they’re far from the only changes.

Taxing sin, exempting essentials

State and local governments are still grappling with how to tax specific products: those that aren’t all that good for us (i.e., candy and soda), and those some of us absolutely need (i.e., diapers, tampons).

Arkansas raised the sales tax rate on both candy and soda Jan. 1, the same day new taxes on sweetened beverages took effect in San Francisco and Seattle. And a group in Oregon is looking to put a sugar-sweetened tax to voters sometime in 2018. On the other hand, the Cook County soda tax was recently repealed, and a Michigan lawmaker is looking to prohibit local governments from imposing any sort of tax or fee on the manufacture, distribution, or retail sale of food.

Like Wisconsin, the Florida legislature will consider a sales tax exemption for diapers and incontinent products in 2018. They’ll likely be joined by several other states, including California and Texas.

Already on the calendar is an exemption for feminine hygiene products in Florida (effective Jan. 1), and an exemption for both diapers and feminine hygiene products in Connecticut (as of July 1, 2018).

Taxing … wheels?

On Jan. 1, sales-tax-free Oregon began to tax sales of bikes and vehicles. Be warned, if it has wheels, it could be taxed.

Oregon isn’t the only state getting creative with vehicle taxes. Fuel-efficient cars are better for the environment, but they take a bite out of the gas tax revenue cities states rely on to fund roads. California, Utah, and Seattle are all starting or considering pilot projects to tax miles driven rather than fuel. Expect to see more of this in 2018.

Rate changes

There will be a plethora of sales and use tax rate changes in 2018, some of which have already been announced. And watch out for department of revenue rulings, which remind us just how complicated sales tax can be.

There is sure to be more sales and use tax news in 2018, but one of the most entertaining aspects of tax (if it can be said to be entertaining), is that we never know what we’re going to get

Filed Under: Accounting Software, Industry Solutions, Microsoft Dynamics 365, Microsoft Dynamics GP, Sage Intacct, Services Tagged With: 2018 sales tax, Avalara, avatax, Intacct and AvaTax

Article 09.7.2017 Dean Dorton

Nothing drowns the fires of business growth quite like busy work. It holds back how much your team can accomplish, rains on the can-do attitude they need to roll up their sleeves when you need them, and it stifles creative problem solving and morale.  Most of all, it absorbs precious hours that are better spent on proactive strategies for business growth.

Growing businesses that value innovation inevitably reach a point in their expansion when the processes and systems they have been using are no longer a good fit, and taking on ERP cloud accounting solution is an important one.  
When these companies leave behind spreadsheets to step into the more efficient and productive world of automation, they experience more. Their workflows get more flexible approval processes, more streamlined corporate policy procedures and more accurate and intuitive mobile applications that help boost team momentum and productivity.

Nexonia knows the value of automations. In our upcoming webinar on September 14, at 2 PM ET, Nexonia brings in their expense expertise to show you how to get the most out of your Sage Intacct best-in-class solutions with automation.

In this webinar you’ll learn how to:

  • Recognize your unique time and expense management business challenges.
  • Gain the full benefits of automating your reporting process.
  • Discover time and money-saving specialized integrations with Sage Intacct.

Your team probably didn’t begin their careers with grand dreams of sifting through spreadsheets and countless hours of duplicate data entry. That busy work can drown your team’s passion for their work and it certainly isn’t helping drive the company mission, or your business success.

Ignite the fires of growth again. Put down the spreadsheets, and take your biggest proactive step toward growing your business the right way by freeing your teams to start working proactively for your business to make more happen, and to dream bigger

Filed Under: Accounting and Financial Outsourcing, Accounting Software, Industry Solutions, Microsoft Dynamics GP, Sage Intacct, Services Tagged With: Expense Solutions, Intacct and AvaTax, Nexonia, Nexonia and Intacct, Nexonia Raleigh

Article 09.6.2017 Dean Dorton

Repost from Avalara

With the myriad responsibilities involved in running a successful business, it should come as no surprise that preparing for a sales and use tax audit is not exactly a high priority or favorite topic of conversation among business owners. There are only so many hours in a day, and many companies choose to put examining their compliance process on the back burner; at worst, the idea is ignored entirely. Even business owners who are ready and willing to tackle the issue rarely know where to begin. But sales and use tax audits don’t have to be a specter that looms in the mind of every well-intentioned businessperson. Instead, in the same way we are told the benefits of “knowing thy enemy,” knowing one’s compliance process as it relates to industry-specific audit risk can make all the difference in the world.

First, an important clarification: Auditors are not the enemy in this scenario, audit risk is. The current tax system is, for many, extremely complex and difficult to navigate, but auditors are simply those tasked with ensuring that business owners — with all the tools at their disposal — are honoring what’s owed to the state. Every year, it seems there are fewer states not suffering from a budget deficit, and as a result, states are finding more ways to maximize the amount of sales and use tax revenue, including significantly increasing the audit workforce across the country. In short, auditing is easy money. Furthermore, not only are states adding to their audit divisions, but many of those newly hired auditors are setting up shop outside of their home state and auditing out-of-state businesses. With nexus legislation and use tax reporting requirements proving difficult to pass or enforce, it’s no wonder states turn to their audit professionals to save the day.

So, what do you do if you’re a remote auditor charged with bringing home the bacon? Easy: You target companies with an obligation to collect and remit your state’s tax, and you focus on the industries most prone to error when it comes to compliance. That list is shorter than you might think. According to a study Avalara conducted with Peisner Johnson & Company, nearly 60 percent of state audits are spread among just four or five industries: retail, manufacturing, construction, wholesale/distribution, and food service. This reality is the basis of the newest Avalara whitepaper, Sales and Use Tax Audits Uncovered: Who Gets Audited, Why They Get Audited, and the Impact on Companies.

As the whitepaper reveals, certain industries get targeted by auditors due to the nature of how they operate, like how food service companies are frequently audited because they’re cash-based and known to leave cash unreported. Beyond that, the primary reason these industries are targeted is that they historically fail to adhere to state and local sales and use tax regulations. In fact, according to the California Board of Equalization, the number one most frequent error of noncompliance made by businesses typically involves untaxed purchases from out-of-state vendors. Consequently, the data suggests that the bulk of audit assessments resulting from these errors came from use tax not being paid. And these are no small assessments: Avalara’s joint study also found that the average cost of an audit is approximately $114,000 including penalties, fees, and professional counsel. That’s quite a price to pay for something so avoidable.
Ultimately, when it comes to sales and use tax audits, the best offense is a solid defense. In the whitepaper, Sales and Use Tax Audits Uncovered, you’ll learn the most common audit triggers for each key industry, as well as how best to prepare and support yourself before or during an audit. Sales and use tax compliance may be tricky, but with the wealth of tools and information available today, business owners have never been in a better position to eliminate risk and safeguard themselves against a costly audit.

READ NOW

Filed Under: Accounting & Tax, Accounting and Financial Outsourcing, Accounting Software, Industry Solutions, Sage Intacct, Services Tagged With: Avalara, cloud solutions, Intacct and AvaTax, sales and use tax

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