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Sales Tax Update - May 2026

by Michael T. Dillon, Esq., Dillon Tax Consulting LLC
5/13/2026

The recent decision by the California Office of Tax Appeals (OTA) is a reminder that states have owner / officer liability provisions under which persons defined as “responsible persons” can be held personally liable for the sales tax debts of the organization. [Z. Sultana, California Office of Tax Appeals, 2026-OTA-204P, May 2026]

California Department of Tax and Finance Administration (CDTFA) conducted a sales tax audit of Ark (a clothing store) for sales tax for the periods 2014-2016, and reviewed z-tapes (i.e., cash register tapes), bank statements and daily sales worksheets.  The auditor found a material difference of nearly $700,000 ...

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data processing

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 ...

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Texas Court says the “Essence of Transaction” involving a Provider’s technology platform is not “Data Processing”

Dillon Tax Consulting
5/10/2016

In a decision involving the true object, or “essence of the transaction” test, the Texas court of appeals upheld the trial court’s decision in favor of the taxpayer refund claim for sales tax assessed on the provision of bill pay services. In Hegar v. CheckFree Services Corporation, NO. 14-15-00027-CV (Tex. Ct. App., April 19 ...

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