If you find sales and use tax compliance confusing (and
tedious), you’re not alone. But it’s important for small business owners, and
consumers, to understand the difference between sales and use tax to reduce the
risk of facing a potentially costly audit.
Leading sales tax automation software company, Avalara, defines
sales tax as an “intrastate transaction collected by the seller on the gross
receipts from a retail sale.” In other words, the tax consumers pay when they
go out to eat or shopping.
Use tax, on the other hand, relies upon self-assessment, and
there are two types—seller’s and consumer.
Seller’s tax is required when there is an “interstate
transaction, where the seller is compelled to collect tax because of “nexus,”
according to Avalara.
The second type of use tax, consumer use tax, must be paid on
“purchases of equipment and supplies from out-of-state for use in business.”
For example, say Coffee Shop X gets a shipment of coffee cups but allocates a
box for complimentary employee use—consumer use tax would need to be paid on
that box of materials.
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