Your Physical Presence is No Longer Required

By Courtney Morin
Senior, Tax Services
cmorin@sponselcpagroup.com

As our economic and social landscapes continually change through products purchased and consumed, so do the regulations as well as the way business is conducted. This can be demonstrated by the US Supreme Court’s recent ruling of South Dakota v. Wayfair, Inc., which overturned a previous 1992 decision related to sales tax. This latest ruling states that a physical presence is no longer needed, making remote sellers obligated in collecting and remitting sales tax.

Effective October 1, 2018, Indiana will begin enforcing the state’s economic nexus law, requiring remote sellers to start collecting sales tax for purchases made within Indiana. Under Indiana law, sellers not having a physical location in Indiana are required to obtain a registered retail merchant’s certificate if a seller meets either one or both of the following two conditions in either the previous calendar year or the current calendar year:

  • Has gross revenue from sales within Indiana in excess of $100,000 or
  • 200 or more separate transaction within Indiana

What does this mean to online consumers? For purchases made online, where sales tax has not yet been charged or collected, the submission of use tax may be required. In some states imposing an income tax such as Indiana, consumers can report this portion of sales taxes on a transaction, not charged by the seller on their income tax return. The applicable rules and rates may vary from state to state.

Even as Indiana has provided explanation and guidance of the modified stance on this specific sales tax issue, how are other states examining this development that could affect your business? The progress made in regard to this change — along with requirements — vary from state-to-state. If you are a remote seller to other areas outside of Indiana, your business potentially has exposure of additional tax that may be required based upon this Supreme Court case. This is where a trusted advisor is crucial in steering you through the complexities of these matters.

Sponsel CPA Group can offer assistance and consultation related to the recent sales tax changes and answer questions such as:

  • Is my business required to register as a remote seller?
  • What are the steps for registering as a remote seller?
  • What steps are required in other states related to this recent court case?
  • How should retroactive sales from my business be treated?

In addition to updated laws in multiple states, this recent change and the court case ruling add another level of complexity that business owners need to be made aware of and understand. Feel free to contact a Sponsel CPA Group professional to assist with your questions related to this topic or other financial areas at (317) 608-6699.

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