As many are aware, I have been writing a number of blogs and articles recently discussing the Department of Business and Professional Regulation here in Florida and its potentially unfair audit tactics. Many of you have seen cigar wrappers, or the more scientifically described “blunt wraps”, at convenience stores and…
Multi-State Tax Law Blog
Florida Tobacco Tax Audit – Is DBPR Playing Fair? Part 3
Part 3 – Is the Item Taxable? This article is a follow up to a previous article I wrote in dealing with tobacco tax audits. In addition to looking at the applicable statute of limitations and whether excise tax and shipping charges are included in the tax base any experienced…
Florida Tobacco Tax Audit – Is DBPR Playing Fair?
Part 2 – Is the Tax on The Correct Taxable Base? This article is a follow up to a previous article I wrote in dealing with tobacco tax audits. In addition to looking at the applicable statute of limitations, any experienced Florida tobacco tax attorney should closely examine the taxable…
Florida Tobacco Tax Audit – Is DBPR Playing Fair?
Over the past year, we have been involved in more and more Florida Tobacco Tax Audits. With the volume of audits we deal with on a regular basis, we see trends within the state. We also have seen audit after audit in Florida in which the Department of Business and…
Governor Scott Accepts Amazon Deal
In many states Amazon does not have any physical locations or employees, therefore, Amazon is not required to charge and collect sales tax in many states. States have taken aggressive tactics by arguing that Amazon has affiliates in their state or servers in their state which constitute nexus and require…
The Future of State and Local Tax: Look to the Stars … I Mean the Clouds
Aside from the Marketplace Fairness Act, cloud computing has dominated the sales tax world in 2013. With more and more companies using software as a service (SaaS), platform as a service (“PaaS“), and infrastructure as a service (“IaaS“), more and more uncertainty has arisen in the sales tax world. Cloud…
Employment Taxes: One Month Remains for Voluntary Classification Settlement Program (VCSP) With IRS
In Announcement 2011-64, the Internal Revenue Service (“IRS” ), which provided taxpayers with a chance to change the status of their workers from independent contractors to employees for future tax periods. If the program was elected by a taxpayer, then the IRS would apply minimal tax liability to the employer…
TAXES SHAPE PUBLIC POLICY: UTAH TAXES E-CIGARETTES?
In an attempt to quit smoking, many Americans purchase a piece of equipment for about $50 and e-juice for about $15. When heated by the equipment, the e-juice, nicotine laced liquid, becomes an inhalable vapor that can be used as a cigarette replacement for many nicotine addicts. The electronic cigarette,…
TAXES AND MEDICINE: ARE FALSE CLAIM ACT (FCA) SETTLEMENTS DEDUCTIBLE?
Between the years of 1993 and 1997, whistle blowers brought forth ten cases accusing medical groups of conspiring to defraud Medicare. Normally, a case like this doesn’t grab my attention; however, as a Florida tax attorney, this medical case caught my eye. I was not interested in whether the claims…
BE A GOOD CORPORATE CITIZEN: TAX COURT RULES CORPORATION MUST BE IN GOOD STANDING TO FILE PETITION
Whenever a new potential client comes to your office, it is good practice to run a quick check. Among the initial checks that should be made by a Florida tax attorney or other tax professional is to make sure the person you are speaking to is an officer of the…