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Sales Tax Update - April 2025

by Michael T. Dillon, Esq., Dillon Tax Consulting LLC
4/26/2025

Texas Comptroller Adopts Changes to Data Processing Services

Effective April 2, 2025, the Texas Comptroller effected changes to Texas Administrative Code Rule 3.330, addressing the definition and sales tax treatment of data processing services, most specifically (1) refining what constitutes and does not constitute data processing services, and (2) adopting an exclusion for data processing that is sold for a single charge with another service if the data processing service (a) does not have a separate value and (b) is ancillary to the other service.  Data processing is defined as “the computerized entry, retrieval, search, compilation, manipulation, or storage ...

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Archive

Cloud-based Services: “The Wild West” and the Cavalry

Dillon Tax Consulting
11/8/2015

The New York Department of Taxation and Finance (Department) recently issued an Advisory Opinion providing their interpretation of yet another Taxpayer's provision of Software As a Service (SAaS). In TSB-A-15(36)S, Taxpayer sought an Advisory Opinion from the Office of Counsel for the Department, as to the application of New York sales tax ...

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“What’s A Remote Seller To Do?” you ask. “Register and Collect,” states say.

Dillon Tax Consulting
7/29/2015

Ohio is the most recent of states to have enacted a click-through nexus provision. To date, 24 other states have adopted (by statute or otherwise) some form of either an affiliate nexus or a click-through nexus provision.

Under an affiliate nexus provision, a rebuttable presumption of nexus is typically established for an out-of-state seller that ...

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The Quill ‘Physical Presence’ Standard – A “Perfect Storm” Brewing

Dillon Tax Consulting
3/15/2015

Ever since, and even before, the U.S. Supreme Court’s landmark 1992 decision in Quill Corp. v. North Dakota, in which it affirmed the Commerce Clause ‘physical presence’ standard for sales tax nexus, Congress has continually grappled with the increasing sales tax revenue shortfalls and perceived unfair advantage that online and mail-order retailers have ...

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Try, Try Again ... Illinois Imposes a New and “Improved?” Affiliate Nexus Law

Dillon Tax Consulting
2/10/2015

Effective January 1, 2015, out-of-state retailers are once again presumed to have sales tax nexus in Illinois if they satisfy the following criteria:

  • the out-of-state retailer has a contract with a person in Illinois;
  • under the contract, the person in Illinois refers potential customers to the retailer and the retailer pays to the person in ...
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Will Net Neutrality Cost American Consumers More in Taxes?

Dillon Tax Consulting
1/18/2015

Net neutrality is the principle that Internet service providers and governments should treat all data on the Internet equally, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. There has been extensive debate about whether "Net neutrality" should be required by law. Proponents of "Net ...

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