Taxability is not intuitive
The same SaaS subscription is taxable in one state, exempt in the next, and taxable only if downloaded in a third. Shipping charges follow their own rules again.
Tax service
Sales tax is money you collect on a state's behalf and hold in trust. Getting it wrong is treated far more seriously than an income tax error, and personal liability is on the table.
The problem
It is transactional, it is state-by-state, and the rules change without anyone telling you.
The same SaaS subscription is taxable in one state, exempt in the next, and taxable only if downloaded in a third. Shipping charges follow their own rules again.
Tax collected and not remitted is not an ordinary business debt. Officers and responsible persons can be assessed personally, and it generally survives bankruptcy.
An expired or missing resale certificate turns an exempt sale into a taxable one at audit, with the tax assessed against you, not your customer.
What we do
From first registration through to cleaning up several years of missed filings.
How it works
Four stages, with a defined deliverable at each one. You always know where the work stands.
Sales data by state and product line reviewed against current thresholds and taxability rules.
Exposure calculated per state and period, so remediation decisions are made on numbers rather than nerves.
Registrations filed at considered effective dates; voluntary disclosure pursued where the exposure justifies it.
Ongoing preparation and filing on each state's calendar, with a threshold monitor for the states you are approaching.
Who it's for
If you sell across state lines in any volume, sales tax is almost certainly already an obligation somewhere.
Deliverables
Questions
For sales made through the marketplace, generally yes: marketplace facilitator laws shift collection to the platform in every state that has them. But those sales may still count toward your economic nexus threshold, and any direct sales through your own website are entirely your responsibility. Mixed-channel sellers are where this most often goes wrong.
Florida does not currently impose sales tax on most cloud-based software delivered without any tangible medium, which is favorable relative to many states. But the analysis turns on the specifics of what you deliver and how, several states take the opposite position, and this is an area where rules have shifted repeatedly. It is worth a documented determination rather than an assumption.
First quantify: the number is often smaller than feared, particularly if much of your volume ran through marketplaces. Then choose deliberately between registering prospectively, pursuing a voluntary disclosure with a capped look-back, or documenting a defensible no-nexus position. What you should not do is register without addressing the prior periods, since registration can prompt a state to ask about them.
Yes, and this is the most important thing to understand about sales tax. Tax collected from customers is held in trust for the state. Where it is not remitted, states can and do assess responsible persons (officers, directors and sometimes controllers) personally. Unlike most business debts, trust-fund liability generally survives both the dissolution of the company and personal bankruptcy.
Related
Know where you owe before a state tells you.
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Learn moreA 30-minute review is usually enough to tell you whether you are leaving money on the table, carrying compliance risk, or both.