IRS Notice 2018-96 provides that qualifying vehicles from Tesla, Inc. purchased for use or lease are eligible for a $7,500 credit if acquired before Jan. 1, 2019. Beginning Jan. 1, 2019, the credit will be $3,750 for Tesla’s eligible vehicles. On July 1, 2019, the credit will be reduced to $1,875 for the remainder of the year. After Dec. 31, 2019, no credit will be available.
Code Sec. 30D(a) provides for a credit for certain new qualified plug-in electric drive motor vehicles. The new qualified plug-in electric drive motor vehicle credit begins to phase out for a manufacturer’s vehicles in the second calendar quarter after the calendar quarter in which at least 200,000 of the manufacturer’s vehicles that qualify for the credit have been sold for use or lease in the U.S.
So what are you waiting for? Hurry up if you are intending to buy or lease Tesla. Only few weeks are left to claim the credit and bring down the cost of the vehicle. Merry Christmas!
You may have seen a headline or heard a discussion about “Wayfair”. What is this? “Wayfair” refers to the most significant state tax case to come before the U.S. Supreme Court in decades.
For more than 50 years, state sales and use tax laws have held that a seller’s requirements are based on a “physical presence” test. In other words, a company generally must collect sales tax in a given state only if that company had a physical presence (branch office, warehouse, etc.) in that state.
In 2016, South Dakota contested this law, pointing out that the physical presence test was obsolete in the Internet era. The physical presence test gave remote sellers an unfair advantage, as they could sell into the state without collecting sales tax, while in-state competitors were forced to collect sales tax.
On June 21, 2018, the U.S. Supreme Court issued a decision, stating that the physical presence test was invalid. The Court explained that a company has nexus (or connection) with a jurisdiction when that company “avails itself of the substantial privilege of carrying on business” in a jurisdiction.
In practical terms, this is means that when a company makes sales into a state over a certain threshold of sales or transactions, that company is required to collect sales tax in that state. For example, South Dakota law states that any company that has at least $100,000 in sales or 200 transactions in the state must begin to collect and remit South Dakota sales tax.
Since this decision in June, more than 30 states have (or will soon have) sales and transaction thresholds. Retailers of all types should examine their obligations and be prepared to collect sales tax in additional jurisdictions.
Each state can create its own standards and guidelines for nexus standards. Twenty-four states have adopted the same $100,000 annual sales or 200 transactions test as South Dakota. Eight other states have differing thresholds. Also, some of the states have required marketplaces (such as Amazon) to collect sales tax on behalf of vendors.
Another important issue to remember that the states are not party to the income tax treaty signed by the Federal government and they may or may not conform the treaty articles. This creates an added burden for the foreign sellers.
Retailers/ Amazon sellers should review the requirements state by state. Although the thresholds may be the same, the measuring periods and basis for measuring sales may vary. The beginning date of enforcement also varies. Penalties for non-compliance can be quite severe.
Tax Planning & Compliance
– Do not simply register in states once you determine you have nexus without considering several additional steps.
- Determine nexus
- Review the wording of your contracts and invoices. A change in wording could reduce the risk of sales tax requirements.
- Decide whether the risk is material. It may be that the cost of registration and compliance is greater than your risk of exposure.
- Implement a sales tax compliance software. Several commercial systems are available.
- Consider a system to store and track certificates.
CPA Global tax can help you with all questions you may have in complying with the state tax issues.
Joe just received a shocking notice from IRS (CP508C) informing him that his passport is being revoked when he was about to embark on a business meeting overseas.
Joe reaches out to his CPA for help. Can he do anything to avoid the revocation of passport?
CPA explained that IRS notified the U.S. State Department about his seriously delinquent federal tax debt (SDTD) and as a result, is revoking his current passport. Joe has limited options. He needs to request an installment agreement or pay off the tax debt. Both solutions seemed overwhelming to Joe.
Joe enters in to installment program with IRS based on the CPA’s advice. CPA with the help of Taxpayer Advocate Service, was able to resolve the issue. Joe received CP508R notice from IRS notifying him that the certification of tax debt was reversed. Fortunately in this case, Joe was able to get his passport reinstated only with the timely help of his CPA – just in time for his travel plans.
If you owe greater than $50,000 to IRS, be careful! IRS may have revoked your passport and you may not be able to travel. There are different options available for different situations based on facts and circumstances. We at CPA Global Tax are happy to assist.