The SALTcast

In this podcast episode, we discuss the complexities of rentals and leases, particularly in relation to sales tax. We cover various aspects of this topic, including different types of rentals (e.g., property, clothing, cars), the complexities of sales tax laws across different states, and the unique considerations for lessors.

Key points discussed include:

1. The variety of rentals and leases, from short-term to long-term, and the different tax implications they may have.
2. The complexity of sales tax laws in different states, including the options for lessors to pay tax upfront or based on lease flow or payments.
3. Different types of leases, such as financing leases and capital leases, and how they can affect tax obligations.
4. The importance of understanding property tax for lessors and how it relates to their inventory of leased items.

We emphasize the need for businesses to be aware of their tax obligations when engaging in rentals and leases, including considering physical nexus, the base for tax calculation, and the specific tax rates in different states. They also touch on the issue of double taxation in vehicle leasing and private party transactions.

Overall, the podcast highlights the complexity of rental and lease taxation, with a focus on providing valuable insights and considerations for businesses. We encourage listeners to schedule a "What's Next Call" for personalized guidance on their specific tax situations.

Navigating the ever-changing landscape of sales tax compliance can be a challenging endeavor for businesses. As sales patterns evolve and business circumstances change, it's crucial to stay on top of your sales tax obligations, even when you no longer meet the criteria for nexus. This is where Peisner Johnson comes in. With expert guidance and a personalized approach, Peisner Johnson can assist you in understanding and managing trailing nexus, ensuring your compliance with sales tax laws.

Here are some questions we cover in this episode:

What is Trailing Nexus?

How Long Does Trailing Nexus Last?

When Can I Cancel My Sales Tax Registration?

What About Online Sellers?

How Do I Know If My Business Has Trailing Nexus?


If you have questions regarding your business and whether or not you should be register let's chat here: https://www.peisnerjohnson.com/whats-next/

In this podcast episode we, Ryan Johnson, Danny Wright, and Paul Johnson discuss the compliance requirements for non-US businesses operating in the United States. The conversation touches on various aspects related to tax compliance, especially for foreign sellers. We delve into the concept of nexus, which triggers a business's obligation to collect and remit sales tax in a state. We discuss potential roadblocks and challenges foreign businesses may face when trying to become compliant in the US.

While foreign businesses don't necessarily need to set up an LLC or a corporation within a US state to establish tax compliance, having a US bank account could be necessary to facilitate transactions and payments to the states. We highlight scenarios where a foreign business might want to set up a US entity, such as when dealing with suppliers or vendors that require it for partnership purposes.

Our conversation emphasizes the importance of understanding the practical implications of compliance, including administrative burdens and costs. We share real-life examples of situations where foreign businesses had to deal with compliance issues, including the complexities of managing sales tax exemptions, working with vendors, and dealing with state audits. We offer insights and solutions to help foreign businesses navigate these challenges and find the best path to compliance.

If you are a business that is located outside of the United States but are running into sales tax compliance issues you can schedule a call with us here: https://www.peisnerjohnson.com/whats-next/

Just about a year ago Colorado implemented their "Retail Delivery Fee." Now with Minnesota ready to implement their own retail delivery fee we ask the question, "where does this end?" The other question we have is, do states really have the authority to impose this fee on businesses? We explore these and other questions in Today's episode.

If you have questions about proper compliance to this fee or other sales tax related questions do not hesitate to reach out to us by booking a call with us here. https://www.peisnerjohnson.com/whats-next/

Diane L. Yetter (www.linkedin.com/in/dianeyetter) is the “Sales Tax Nerd ® ”. She is a strategist, advisor, speaker, and author in the field of sales and use tax. She is the president and founder of YETTER Tax, a sales tax consulting and tax technology firm. She is also the founder of The Sales Tax Institute.

Diane works with clients of all sizes and in a myriad of industries to deliver sales tax services ranging from tax technology to tax policy, planning, and training. She also regularly partners with other advisors to help them serve their clients.

As a speaker, Diane is frequently asked to present to industry groups concerning sales and use tax issues. As an author, Diane regularly contributes to various publications and has published three books and numerous articles concerning sales and use tax issues. She is also the author of the US Sales Tax Chapter for the IBFD VAT Worldwide Research Database. Diane was invited to testify before the Senate Committee on Finance regarding the impact of the Wayfair decision on small businesses and remote sellers. She has also appeared as an expert witness in legal matters and litigations.

Diane was named in Accounting Today’s 100 Most Influential People in Accounting eight times between 2011 and 2022. As an entrepreneur, she was honored as Woman Business Owner of the Year 2020 by the National Association of Women Business Owners (NAWBO) Chicago Chapter. Her Twitter handle @SalesTaxInst has been one of Forbes’s Top 100 Tax Twitter Handles and @YetterTax is in the Accounting social media leaders. She also sits on the Avalara Accounting Meta Influencers Roundtable.

Diane earned a BS in accounting and business administration from the University of Kansas in 1985 and a MS in taxation from DePaul University in 1994. Prior to founding the company, Diane was a state and local tax manager in the Chicago office of Arthur Andersen LLP, the sales and use tax director for the Quaker Oats Company, and a sales and use tax auditor for the Kansas Department of Revenue.

As announced during the podcast, The Sales Tax Institute would love to offer a 10% discount to the SALTcast community to join the Sales Tax Nerd Community. To find out more about the Community please visit https://www.salestaxinstitute.com/sales-tax-education/sales-tax-nerd-community-membership and if you want to join, enter discount code SALTcast10 on the order form to receive 10% off.

When it comes to helping your clients with sales tax, you may find yourself looking for direction and answers. What better people to turn to than the “Sales Tax People”? Here are the top 6 benefits you will find partnering with Peisner Johnson.

 Since July 2018, the landscape of sales tax has changed drastically. The United States Supreme Court ruled in favor of South Dakota v. Wayfair. With that, companies across the country saw their nexus footprint change. Every state started looking less at where businesses operate from a physical standpoint and more on where customers are located and where products and services are being sold to.

Picture this. You're strolling through the labyrinth of sales tax laws in the United States, and suddenly you come across five states that hit like a cool breeze on a hot summer day: the NOMAD states.

These states, devotedly referred to as NOMAD (New Hampshire, Oregon, Montana, Alaska, and Delaware), have something unique to offer—they don't impose any state sales tax. You read that right, no state sales tax. It's like a dream come true, giving you a reason to rest easy at night.

However, before you become too complacent, keep in mind that there are always nuances to consider when it comes to sales tax. While these NOMAD states may not impose state-wide sales tax, it's crucial to remember that the government still requires revenue to maintain smooth operations.

So, where does this revenue come from? The NOMAD states have their own compensatory methods for the lack of state sales tax revenue. They frequently depend on higher business, income, or excise taxes compared to states with a state sales tax. And then there are local jurisdictional sales tax nuances to be aware of.

To ensure clarity, let's delve a little deeper into these states and their unique tax structures.

Studies show that most companies aren’t happy with their current sales tax process. It doesn’t have to be like that. You can have an exceptional experience with outsourcing your sales tax process and we can prove it. Here are the top benefits of choosing Peisner Johnson.

Our Core Beliefs 
“We over me.”
We believe when you help others, you help yourself. This has driven us to keep a ‘We over Me’ mentality across everything we do. This makes the work we do more than just figuring out sales taxes. We are here to help you, however that may be. We understand the inevitable nature of sales taxes and ultimately, we want you to have the peace of mind that comes from knowing what your options are.

Managing sales and use tax obligations is no easy task. It requires careful attention to detail, a deep understanding of complex rules and regulations, and a significant investment of time and resources. Yet, despite the challenges, many businesses continue to handle these obligations in-house. In fact, most companies still manage various aspects of sales tax internally.

So, why do businesses choose to shoulder this burden themselves? There are several reasons, ranging from a lack of trust in external partners to a desire to maintain control over critical financial processes. However, it's essential to recognize that the right sales tax compliance experts can alleviate these concerns and become trusted partners, reducing risk and liability.

But first things first. Let’s talk about what sales tax compliance is. 

Have you ever noticed how sometimes we hear a phrase so often that we don't really think about what it means? "Sales and use tax" is one of those phrases that we've probably all heard before, but have you ever stopped to think about what "use tax" actually means? While most of us are familiar with "sales" tax, "use" tax is a concept that often gets overlooked or misunderstood.

Let's take a moment to give "use tax" the attention it deserves and learn more about it.

What is Use Tax?
Use tax is officially defined as the tax on the use, consumption, or storage of a taxable item or service on which no sales tax has been paid. It is required to be paid by the consumer in cases where the seller does not collect sales tax. 

How Use Tax Works
The use tax is a form of taxation that applies to specific goods and is charged by a consumer's home municipality or state. Unlike sales tax, which is typically applied to all goods and services, the use tax is only charged under certain circumstances.

Here are some common instances where use tax is charged.

• When a buyer purchases goods from an out-of-state seller who does not charge a sales tax.
• If you're a professional and you buy goods for your trade in an area where sales tax doesn't apply but you plan to use those goods in an area where sales tax is charged, you might be responsible for paying a use tax.
• If a buyer purchases items from a seller outside of their home jurisdiction and the seller doesn't charge sales tax, the use tax may be charged if the customer intends to use or store the goods in an area where sales tax is applicable.

Use tax is a complementary tax; it’s not charged if sales tax is charged. The use tax rate is typically the same as the local sales tax rate, but this also varies per state. It is left up to consumers to calculate and pay use taxes, which makes it challenging to enforce. However, a resident who does not pay use tax may be subject to fines, interest, and penalties.