July 12, 2006 | Comments: (0)
Managing Internet Sales Tax

I recently had a chance to do a phoner with the CEO of a company called Avalara. His name is Jared Vogt, and the discussion we had was one of those good news-bad news deals.
The bad news is that state budgets can no longer afford to ignore the revenue they could be making if they simply enforced the sales tax laws that exist today--to say nothing of creating new dollar-sucking legislation.
The good news is that while this morass of legal dollar disolving detritus is definitely bearing down on all SMBs, there are technical forces at work to ensure that this burden won't be that heavy--light enough not to notice even, though the impact on your bottom line is inevitable.
According to Vogt, there are over 75 separate sales tax jurisdictions that every business is technically subject to. Until now, states were forced to ignore most of these because enforcing them on all but the largest of companies simply wasn't feasible. Technically, for example, if a guy in Florida sells a guy in DC something on eBay, he's free and clear, but the DC buyer is supposed to what's called a use tax to DC. DC isn't going to chase him down, however, because it simply costs too much.
Enter the Streamlined Sales Tax Program [Project] (SSTP). This is legislation already finalized by our wondrous federal and state governments that dictates compliance with an internet tax program that will levy the full tax burden on all SMBs no matter where they're located. 42 states have signed up for the program and 19 are rolling it out in the near future.
The compliance burden here is a potential nightmare, provided it plays out the way Avalara says it will. Every transaction must be weighed against the sales tax jurisdictions of both buyer and seller as well as any third-party intermediaries. Screw it up and you're in hot water. They've got an interesting white paper on the topic of SSTP here.
That's the bad news. However, services like Avalara's AvaTax are the good news. And enough people seem to take SSTP seriously, as AvaTax is a Web service with over 2,000 SMB accounts after only 24 months in operation.
Do a Web transaction and AvaTax analyses the thing end-to-end an applies the proper sales tax on both sides of the transaction. It integrates with most accounting systems. And best of all, if there's ever a complaince audit, the feds won't audit you, they'll audit AvaTax.
So we're paying more money both to the states as well as Avalara, but at least it won't slow business down.
Posted by Oliver Rist on July 12, 2006 12:30 PM
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There is some good information above and I would encourage everyone to learn more about the Streamlined Sales Tax. (www.streamlinedsalestax.org) However, there are many things to consider with regard to Streamlined Sales Tax.
The federal government hasn't blessed or "finalized" any Streamlined Legislation...thankfully. Congress has been reluctant to ignore the Quill decision by the U.S. Supreme Court that protects businesses from the complexities of sales tax collection and compliance in states where the business does not have a physical presence. There remain significant issues (small business exceptions, telecommunications and sourcing) at the Federal level that many groups are working to resolve.
While it is true that over 40 states are participating in discussions on the issue, only a little over one dozen states have fully enacted Streamlined Sales Tax legislation. A few others are close to full compliance. However, many large states representing an overwhelming percentage of the U.S. economy are no where near adoption of the current Streamlined Sales Tax Agreement. California has basically withdrawn from the process. Several unresolved issues will likely prevent Texas from joining. (www.window.state.tx.us/comptrol/fnotes/fn0606/stalemate.html ) Illinois, New York and Florida all face significant hurdles before they will enact SST legislation.
Companies like Avalara have created a fabulous product that can make sales tax compliance easier for many businesses. However, the cost of integration and operation of the software in many states is still unresolved.
The original goal of the Streamlined Sales Tax Agreement was simplified compliance and administration. I would encourage everyone to thoroughly examine the current Streamlined Agreement and/or legislation in your state and see for yourself if this will reduce your sales tax compliance cost or burden.
John Kroll
Coalition for Appropriate Sales Tax Law Enactment (CASTLE)
512-236-1158
Makes us feel a bit smug in Montana where we have no state sales tax, at least until we get our property tax bills or add up the income taxes. But we do avoid the overhead expenses of government reporting and now, AvaTax.
Posted by: Gordon Lemon at July 14, 2006 12:07 PMWhy are the states making this so complicated? Just change the rules so that internet sales tax is collected at the location of the transaction, not the location of the customer. That way there is only one sales tax return to fill out for businesses, the states get the much needed revenue, and they can enact it themselves without waiting for the other states. Plus, PayPal and existing shopping cart software would support such a scheme now. There is a much better way than what they are proposing.
Posted by: Simplifed Internet Sales Tax at January 12, 2007 03:26 AM| EMERGING ENTERPRISE PODCAST |
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