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Sales Tax

One of the most common irritations of adult life is having to try to mentally calculate what the actual price of an object is. This is because the object’s sticker price almost never includes sales tax. Sales tax is a fee levied on goods and services as they are bought and sold. Sales tax is usually levied by state and local governments and can be tricky to navigate as a business owner.

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Southron Firm, P.A.

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13 years in practice
Advance Healthcare Directives, Bankruptcy, Binding Contracts, Breach of Contract, Business Arbitration
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The Marques Law Firm, PLLC

4 years in practice
Advance Healthcare Directives, Business Contracts, Business Law, Business Taxes, Contract Law
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McLaughlin Legal, APC

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17 years in practice
Advance Healthcare Directives, Business Taxes, Criminal Tax Litigation, Estate Administration, Estate Planning
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The Marques Law Firm, PLLC

4 years in practice
Advance Healthcare Directives, Business Contracts, Business Law, Business Taxes, Contract Law
View Profile

Southron Firm, P.A.

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13 years in practice
Advance Healthcare Directives, Bankruptcy, Binding Contracts, Breach of Contract, Business Arbitration
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Alejandro Hernandez - Wealth Advisor and US Tax Lawyer

25 years in practice
Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Federal Taxes, Income Tax
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Taxing Products at Time of Sale

For consumers, sales tax is little more than a surcharge at the register, but for businesses it can be a challenge to fully navigate. It’s very important to consult with a local tax attorney who can go over the state and local laws surrounding sales tax so that proprietors know what products are exempt from sales tax as well as when and where to file their collected sales taxes.

Sales Tax Exemptions and Variants

The general rule is that all products must have sales tax added on. However, the general rule can get more complex. First, if the buyer is out-of-state then a different sales tax may need to be charged. This is an increasingly popular subject as more and more businesses put inventory online to be bought and sold.

Another problem is that not everything is subject to income tax and what is exempt varies by state. In most states, essential foods such as fruits, vegetables, and staples are not taxed, while chips, soda, and other more “frivolous” foods are. Another major exception to sales tax is with prescription medication. Almost every state has a law that exempts prescribed medication from being subject to income tax. This does not apply, however, to over the counter medications.

When to File and Where

When and where sales taxes must be submitted is imperative knowledge to ensure that a business maintains compliance with their tax laws. In most cases, sales taxes are submitted to the tax collector’s office of the principality that assesses the sales tax. For example, a county sales tax is given to the county tax collector while a state’s sales tax goes to the state tax collector. When sales taxes are due varies from state to state as well and can either be every month, quarter, fiscal year, or calendar year. It is important to consult a tax law attorney who can inform you of what taxes are due when and to whom.

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Giving You The Best Take-Home Rate

If you are an employer seeking to navigate the complexities of sales taxes, you will need the help of an experienced tax law attorney. A tax law attorney is able to focus completely on your case, zealously advocate for your interests, and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice tax law.

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Sales Tax Frequently Asked Questions

1. What is sales tax and how is it calculated?

Sales tax is a state-levied tax on all goods and services bought and sold within the state. For things that ship from different states, the sales tax of the sender is usually applied while the sales tax of the recipient is usually used for international orders. Each state sets its own sales tax rate and the total value of a purchase is then multiplied by the tax rate to calculate sales tax owed.

2. What types of products or services are subject to sales tax?

In the U.S. most items are eligible for sales tax. Everything from a stick of gum to a vehicle will incur sales tax. Sales tax is usually calculated automatically as a routine part of a transaction.

3. Are there any exemptions or exceptions to sales tax?

There are some products that are exempt from sales tax because they are seen as essential, though this can vary from state to state. In most states food items are considered too essential to be taxed, though that may only refer to certain, staple foods with sugary or unhealthy junk foods incurring sales tax or a separate excise tax. Another exempt category is prescription drugs, though over the counter medication may still be taxable.

4. How is sales tax collected and remitted to the appropriate tax authorities?

Sales tax is typically collected by a business at the time of sale and the tax is then submitted to the authorities within a certain time period, sometimes annually, sometimes sooner. 

5. What are the penalties for non-compliance with sales tax regulations or failure to collect and remit sales tax?

It is very difficult for an individual to fail to pay sales tax on a product they are buying. Most payment software will automatically calculate and apply sales tax and any long standing business will usually do the same as a matter of routine. However, it is possible for the business to fail to submit the collected sales tax to the proper authorities, usually the tax collector’s office. In the event of nonpayment of sales taxes, most often there will be a civil fee equal to the amount of sales tax owed in addition to any applicable fines and fees associated with delinquent filing. In the event that the business demonstrates a pattern of delinquent behavior, there may also be criminal penalties.

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