Ohio Sales & Use Tax: Digital Advertising Recognized as Nontaxable, but HB 466 Falls Short of Comprehensive Solution to Taxing on Services Delivered Online.

As we previously posted, the Ohio Department of Taxation has taken an extremely expansive view of taxable electronic information services (EIS). Per the Department, EIS essentially includes any services delivered via telecommunications equipment, including the Internet. With technological advances, the number of services delivered electronically has grown exponentially, which clearly could not have been anticipated... Read More

Ohio Sales & Use Tax – Are you certain your business is complying with its Direct Pay Permit? Stiff penalties and personal liability exist for failures to observe direct pay requirements.

The Department of Taxation recently updated its direct pay authority program to help ensure compliance amongst permit holders. Information Release ST 2003-01 (Updated March 2016). As part of the program, direct pay permit agreements will be reviewed and updated periodically, typically at least every four years. Direct pay permit holders are regularly audited and generally... Read More

Remote Vendor Nexus Coming To a Head

Since the U.S. Supreme Court’s decision in Quill v. North Dakota more than 24 years ago, states have been focused on addressing the ability to force a vendor to collect tax in their state in the absence of a physical presence as required by Quill. The fundamental basis for the decision is that in the... Read More

Proposed settlement of Walmart sales tax class action calls for at least $3 Million to be reimbursed to customers.

Plaintiffs filed a class action complaint last May against Wal-Mart Stores Inc. in the U.S. District Court for the Northern District of Ohio alleging that Wal-mart “systematically shortchanges customers who return products to a store located in an area with a lower sales tax than the store from which the product was originally purchased by... Read More

Are you sure you’re an Ohio non-resident? Bright-line residency effectively muted: Ohio Supreme Court rules taxpayers must satisfy the burdensome common-law domicile test for Ohio income tax even when residency affidavit filed.

The Ohio Supreme Court delivered a significant blow to individuals claiming nonresident status for Ohio personal income tax under the bright-line residency statute. Cunningham v. Testa, 2015-Ohio-2744. The Ohio statute provides that an individual is irrebuttably presumed to be a nonresident if the individual satisfies three requirements: (1) maintains an abode outside Ohio for the... Read More

Ohio Budget Bill for FY 2016-2017 Enacted: Significant expansion of sales/use tax nexus, including click-through nexus; further personal income tax reductions, including for small business owners.

Ohio’s biennium budget bill for FY 2016-2017 provides for expanded sales/use tax nexus and further income tax reductions. (Am. Sub. H.B. 64). Gov. Kasich made extensive use of his line-item veto ahead of the signing, striking 44 provisions from the bill. Several vetoes removed targeted benefits the legislature included for large businesses or industries, such... Read More

Resale Exemption – Ohio BTA Denies Resale Exemption to Non-Licensed Dealer

The Ohio BTA affirmed assessing use tax on six cars that had been purchased out of state and brought into Ohio, but subsequently shipped out. In Dotzauer v. Testa, Case Nos. 2014-2030, 2014-2076 (2/27/2015), the taxpayers testified that they were “brokers/agents,” and had no intent to “use” the vehicles in Ohio or to do business... Read More

Absence of “Magic Permanent Assignment Language” does not Preclude Leased Employee Exception

R.C. 5739.01(JJ)(3) provides an exception to otherwise taxable employment services for leased employees provided under a contract “that specifies that each employee covered under the contract is assigned to the purchaser on a permanent basis.” In A.M. Castle and Company v. Testa, Ohio BTA Case No. 2013-5851 (March 9, 2015), the taxpayer received leased employees... Read More

Will Governor’s Kasich’s Proposed Budget Significantly Increase the Tax Burden on Ohio Businesses?

Governor Kasich’s tax policy since taking office has been clear – lowering the income tax burden, especially for small business owners, will increase Ohio’s attractiveness to businesses. So, it is not surprising that the 2016 – 2017 budget proposal includes an over 20% reduction in the Ohio income tax rate and completely exempts income from... Read More

Buckingham’s SALT Published in Crain’s Cleveland Business

This article was originally published in Crain’s Cleveland Business, available at: http://www.crainscleveland.com/article/20150322/SPONSORED_BUCKINGHAM/303209999/ohio-tax-incentives-savings-for-small-midsize-businesses-critical. Ohio tax incentives, savings for small, midsize businesses: Critical planning opportunities By STEVEN A. DIMENGO, RICHARD B. FRY III and CASEY J. DAVIS 4:30 am, March 22, 2015 Exciting tax savings are immediately available to Ohio businesses and their owners without substantially changing... Read More