Navigating Sales Tax Obligations
Given the variations in rates and rules that apply to product taxability, it’s important to know which jurisdictions require sales tax collection. Yet knowing where your company has nexus (the connection that triggers a sales tax collection obligation) is more difficult than it seems.
Nexus can be triggered even for sellers without a significant physical presence in a state, such as online sellers. Other nexus-creating activities include:
- Traveling salespeople
- Attendance at trade shows
- Use of a drop shipper
Deciphering nexus is only the first step in the complicated process of identifying the product taxability challenges ahead.
The Complexity of Service-Based Businesses
Many service-based businesses that provide customer support, installation, or warranty services in conjunction with the sale of a physical good could keep an army of accountants busy for a year trying to determine exactly what is taxable.
If you:
- Run service contracts on goods sold
- Service tangible goods as part of your sales to customers
You may be liable to collect sales tax.
Varying State Laws on Taxability
States That Tax All Services
For instance, in Hawaii, New Mexico, and South Dakota, a sales tax is imposed on all services provided.
States With Specific Rules
In other states, lawmakers have taken a piecemeal approach and tax some types of services while leaving others exempt.
How to Determine Your Obligations
Determine whether the state in which you have nexus defines certain services as taxable.
For example, in Texas, janitorial services are taxable. Generally, tax is due on the entire amount charged for a taxable service, including items such as:
- Labor
- Materials
- Mileage charges
…even if these are separately stated.
Frequently Asked Questions
What is sales tax nexus, and how is it triggered?
Sales tax nexus is a connection between a business and a state that requires the business to collect and remit sales tax. Nexus can be triggered by activities such as having traveling salespeople, attending trade shows, using drop shippers, or even having an economic presence like selling online without physical facilities.
Do service-based businesses have to collect sales tax?
Yes, service-based businesses may need to collect sales tax, especially if they provide installation, maintenance, or warranty services in connection with physical goods. Taxability depends on the specific services and the state laws involved.
Are all services taxable in every state?
No, taxability of services varies by state. While states like Hawaii, New Mexico, and South Dakota tax nearly all services, others apply sales tax only to specific services. Each state has its own rules and exemptions.
How can I find out if my services are taxable in a specific state?
You must first determine if you have nexus in that state. Then, consult that state’s tax code or Department of Revenue to see if your specific services—such as janitorial or installation services—are classified as taxable.
What charges are included in the taxable amount for a service?
If a service is taxable in a state, then the entire amount billed is generally taxable. This includes labor, materials, and even mileage charges, regardless of whether these items are listed separately on the invoice.