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Streamlined Sales Tax Helps wth State and Local Tax Collections
Most businesses are concerned about the increasing burden of determining
and remitting state and local taxes. Even though the 1972 Quill
decision created the "brick and mortar" test, effectively
exempting many educational publishers and suppliers from state
and local taxes, the reality is that new efforts to target mail
order and other non-local businesses for taxes is increasing. States
have been looking for new revenue sources since their tax receipts
took a hit after the 2001 recession. The trend is for states to
institute new sales and use taxes on goods and services--specifically
on those purchased for state use such as instructional and educational
materials.
States realize that there is a challenge in collecting state and
local taxes from out-of-state vendors. Most state budgets, and
certainly local taxing district budgets, do not have the capacity
to enforce all taxes at all levels. In recognition of this dilemma,
some states have formed an alliance known as the Streamlined Sales
Tax Project. The purpose of the project is to facilitate the calculation
and remittance of the taxes, thereby making the process less burdensome
for sellers. Member states benefit by actually being able to collect
the taxes on the products.
Under this system, sellers who volunteer to register with the
Project will get the most recent and updated sales and use tax
information for all member and selected associate member states.
The seller is then registered in each of the selected member and
associate member states. By registering, the seller agrees to pay
the tax. The seller will then have a choice in how the taxes are
determined.
There are currently three ways that sellers can have their taxes
determined. First, they may use a Certified Service Provider (CSP),
an agent certified under the Agreement to perform all the seller's
sales and use tax functions, other than the seller's obligation
to remit tax on its own purchases. Second, sellers may use
a Certified Automated System (CAS), which is software certified
under the Agreement to calculate the tax imposed by each jurisdiction
on a transaction, determine the amount of tax to remit to the appropriate
state, and maintain a record of the transaction. Finally, a seller
may use its own proprietary automated sales tax system if the system
has been certified by the member states and the seller has entered
into a performance agreement with the member states.
There is a list of approved CSPs and CASs for sellers. For those
who register and choose to use a CSP or CAS, another benefit is
amnesty. Amnesty is generally available to a vendor for the previous
12 months in which they had sales in that state, providing they
are not under audit by a member state for unresolved tax issues.
Questions, ideas, or
in need of more information? Please contact Stacey
Pusey at 302-295-8349.
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More information including an FAQ is available
on the sellers' part of the Project's website.
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Publishers
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