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Thread started 28 Apr 2013 (Sunday) 14:41
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Question on Sales Tax (USA)

 
ChrisAdval
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Apr 28, 2013 14:41 |  #1

I am trying to figure out if I am supposed to charge sales tax to 100% (just) services (non-tangible product). I know its different for each state, but looking for a general answer, I searched my state's revenue website and read the sales tax book, nothing about services, just specific types of tangible products... :(


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Thomas ­ Campbell
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Apr 28, 2013 14:55 |  #2

Depends on the state. In Texas, if they get a digital file or print or anything else tangible, you must charge sales tax on 100%.

Most states will do the same because they don't want to be screwed on something like:

1. Session fee is $500. 20x30 print is $.99. You pay the $.99+tax for the print.
2. Session fee is $500. The disc is free. No tax.


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awad
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Apr 28, 2013 18:08 |  #3

The PA tax info on this is sketchy as hell. Have your accountant draft a proposal to the tax board and they'll approve or deny on a case by case basis. The way the law is written is too vague to go off of, gotta get it in writing from the actual state of PA in order to be safe.


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ChrisAdval
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Apr 29, 2013 00:35 |  #4

awad wrote in post #15876681 (external link)
The PA tax info on this is sketchy as hell. Have your accountant draft a proposal to the tax board and they'll approve or deny on a case by case basis. The way the law is written is too vague to go off of, gotta get it in writing from the actual state of PA in order to be safe.

don't have an accountant yet, as I am just barely starting out officially and earning something from the business... I'll see if I can somehow send an email to PA state of rev office see if they can respond... :rolleyes:

UPDATE:
found this on their FAQ area not sure if this means no sales tax for services or not;

Is there a list of taxable items, property and services that are exempt from sales and use tax in a KOZ/KOEZ?
No. There is no list for specific taxable property or services that are exempt in a KOZ. Services and tangible personal property – excluding motor vehicles – are exempt from Pennsylvania sales and use tax when they are sold to, used or consumed by a qualified business exclusively at its facility in a Keystone Opportunity Zone, Keystone Opportunity Expansion Zone or Keystone Opportunity Improvement Zone (collectively referred to as “KOZ”). Also exempted from sales and use tax are services, construction materials and tangible personal property purchased by a construction contractor for use in a construction contract with a qualified KOZ business, landowner in a KOZ or lessee in a KOZ at a facility owned by the entity in a KOZ.

also found this

Is there a list of services subject to PA sales tax?

Following is a list of taxable services in Pennsylvania.

1. Printing or imprinting of tangible personal property of another.

2. Washing, cleaning, waxing, polishing or lubricating of motor vehicles.

3. Inspecting motor vehicles as required by law.

4. Repairing, altering, mending, pressing, fitting, dyeing, laundering, dry-cleaning or cleaning tangible personal property other than wearing apparel or shoes.

5. Applying or installing tangible personal property as a repair or replacement part of

other tangible personal property.

6. Lobbying services.

7. Adjustment services, collection services or credit reporting services.

8. Secretarial or editing services.

9. Disinfecting or pest control services.

10. Building maintenance or cleaning services.

11. Employment agency services or help supply services.

12. Lawn care services.

13. Self-storage services.

14. Mobile telecommunications services.

15. Premium cable and video programming services including streaming of videos.

16. Non-residential electric, steam, and gas services.

17. Intrastate and interstate telecommunications services billed to PA service addresses except subscriber line charges and basic local residential phone service for residential use and payphone service.


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Foodguy
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Apr 29, 2013 16:18 |  #5

Found this " The photographer or photofinisher shall collect and remit tax upon the total purchase price charged for the photographs or services, even though the customer may furnish some of the materials"

source: http://www.pacode.com …061/chapter32/s​32.37.html (external link)

My guess is that like most states, sales tax is charged on the TOTAL amount of the invoice...inclusive of everything that goes into the project.

Also worth noting that if you have a sales tax resale certificate, you don't pay sales tax on anything that you've purchased that becomes part of the above.


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RDKirk
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Apr 29, 2013 19:50 |  #6

Ya really gotta check your own state.

Although in my state only tangible products are taxed, not services, my state actually has a provision specifically for photographers that requires sales tax collection on 10% of the total fee if it is not itemized (services+ tangibles) or tax on the tangible portion if it is itemized.


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