Tax Law

Recent Posts

Marketplace Monday: North Carolina Enacts Marketplace Collection Law
Posted on 11 Nov 2019 by Eversheds Sutherland LLP

On Friday, November 8, 2019, North Carolina’s Governor Roy Cooper signed Senate Bill 557 , which among its provisions, requires marketplace facilitators to collect and remit sales tax in the state beginning on February 1, 2020. The economic thresholds... Read More

Marketplace Monday: Important Considerations from the MTC’s Draft 2019 Marketplace Facilitator White Paper
Posted on 4 Nov 2019 by Eversheds Sutherland LLP

On October 21, 2019, the Multistate Tax Commission (“MTC”) Marketplace Work Group released its draft marketplace facilitator white paper addressing issues arising from marketplace facilitator laws that have been enacted in nearly all states. The draft... Read More

Marketplace Monday: Brexit – What are some of the key tax implications for the US tech and marketplace companies selling into the UK?
Posted on 28 Oct 2019 by Eversheds Sutherland LLP

After 46 years, the United Kingdom is braced for the impact of leaving the European Union. Brexit will inevitably have a significant impact on trade in goods and services not only with the EU but the rest of the world. The UK has negotiated a Withdrawal... Read More

Marketplace Monday – Hawaii Issues GET Marketplace Guidance
Posted on 21 Oct 2019 by Eversheds Sutherland LLP

On October 17, 2019, the Hawaii Department of Taxation released Tax Information Release No. 2019-03 (“TIR”), which provides guidance regarding Hawaii’s Gross Excise Tax (“GET”) marketplace collection provisions effective January 1, 2020. Specifically... Read More

Marketplace Monday – MTC Marketplace Update
Posted on 14 Oct 2019 by Eversheds Sutherland LLP

Since its annual meeting in Boise, Idaho, in early August, the MTC has held a series of teleconference calls to discuss the priority marketplace issue list that was developed based on state input. The purpose of these calls is to solicit additional feedback... Read More

Marketplace Monday: CDTFA Releases Initial Discussion Paper in Anticipation of Interested Parties Meeting on Marketplace Facilitator Act
Posted on 7 Oct 2019 by Eversheds Sutherland LLP

On October 4, 2019, the California Department of Tax and Fee Administration (CDTFA) released its Initial Discussion Paper in anticipation of an Interested Parties Meeting (IPM) set for October 15, 2019 in Sacramento. The subject of both the IPM and the... Read More

Marketplace Monday – California Legislation Pending on Marketplace Sellers
Posted on 30 Sep 2019 by Eversheds Sutherland LLP

California Assembly Bill (AB) 1790 passed the Legislature on September 26, 2019 and was sent to the Governor.   The Governor has until October 13 th to act on the bill.  The Legislative Counsel’s Digest for AB 1790 states the bill would require a marketplace... Read More

Marketplace Monday – Sourcing of Marketplace Sales
Posted on 23 Sep 2019 by Eversheds Sutherland LLP

The shift in tax collection responsibility to marketplace facilitators raises questions on how to accurately source sales made through the marketplaces. Depending on the state sourcing rules, a marketplace facilitator may need to know whether sourcing... Read More

Marketplace Monday – California Issues Marketplace Guidance
Posted on 16 Sep 2019 by Eversheds Sutherland LLP

The California Department of Tax and Fee Administration (“CDTFA”) issued two new special notices addressing marketplace facilitators and its new registration and filing requirements effective October 1, 2019. In Special Notice L-694, the CTDFA reiterated... Read More

Marketplace Monday – Marketplace Sales Tax Liability
Posted on 9 Sep 2019 by Eversheds Sutherland LLP

The shift in tax collection responsibility to marketplace facilitators raises issues regarding which party will bear the burden of any additional sales tax liability resulting from a state audit of marketplace transactions. These issues include the extent... Read More

Marketplace Monday: What to Watch for This Fall
Posted on 2 Sep 2019 by Eversheds Sutherland LLP

In this post-Labor Day update, we wanted to highlight the following marketplace discussions to watch for this fall: Northeastern States Tax Officials Association Annual Meeting September 9th through 12th in Providence, Rhode Island. There will be... Read More

Marketplace Monday – Accepting Exemption Certificates
Posted on 26 Aug 2019 by Eversheds Sutherland LLP

The shift in tax collection responsibility to marketplace facilitators raises questions on how to address exempt sales and related documentation requirements. States generally require sellers responsible for collecting sales and use tax to maintain that... Read More

Marketplace Monday: To Be or Not To Be A Seller
Posted on 19 Aug 2019 by Eversheds Sutherland LLP

Marketplace collection laws are a departure from traditional state sales tax rules that contemplate a single buyer and seller. The addition of the marketplace facilitator to a transaction, as the party responsible for collecting and remitting sales and... Read More

Marketplace Monday: The MTC’s “Top 12” Marketplace Collection Tax Issues
Posted on 12 Aug 2019 by Eversheds Sutherland LLP

The Multistate Tax Commission (MTC) held its annual meeting in Boise, Idaho August 5, 2019 through August 8, 2019. As part of the meeting, the MTC’s Uniformity Committee (“Committee”), which established the Marketplace Facilitator Work Group (“Work Group... Read More

Marketplace Monday: Economic Nexus
Posted on 5 Aug 2019 by Eversheds Sutherland LLP

Qualification as a “ marketplace facilitator ” does not by itself give rise to a tax collection obligation. A marketplace facilitator must also have sufficient nexus with a state before it may be obligated to collect the state’s sales and use tax on marketplace... Read More