One other source, a 2006 online publication from the Texas Comptroller of Public Accounts (TCPA) on Internet sales, states that businesses with “physical representation” in Texas must collect sales tax but an “out-of-state seller is not required to collect Texas tax if the seller only conducts business in Texas from out-of-state by mail, telephone, or via the Internet.”
Companies often use email marketing to re-engage past customers, but a “Where’d You Go? Want To Buy This?” message can come across as aggressive, and you want to be careful with your wording to cultivate a long-term email subscriber. This is why JetBlue’s one year re-engagement email works so well -- it uses humor to convey a sense of friendliness and fun, while simultaneously reminding an old email subscriber they might want to check out some of JetBlue’s new flight deals.
On top of that, states are continually introducing new tax laws and modifying old ones to capture revenue on everything from streaming media to bicycles. This last one, oddly enough, was passed in Oregon, arguably one of the more bicycle-friendly states in the country, as part of a transportation bill designed to raise money for infrastructure funding.
Your sale of electronic data products such as software, data, digital books (eBooks), mobile applications, and digital images is generally not taxable when you transmit the data to your customer over the Internet or by modem. However, if as part of the sale you provide your customer with a printed copy of the electronically transferred information or a backup data copy on a physical storage medium such as a CD-ROM, your entire sale is usually taxable.
For instance, the Pew Internet & American Life Project has demographic data that suggests individuals between the ages of 18 and 33 are the most likely to use mobile Internet technology like smartphones and tablets, while the “Gen-X” demographic of individuals who are in their 30’s and 40’s are far more likely to seek out information through their laptop and desktop computers.(See also Targeted Marketing)
As previously explained either sales or use tax applies to the retail sale of tangible personal to a California consumer through an online marketplace, unless the sale is specifically exempt or excluded from tax. If, as described above, you are a California retailer or an out-of-state retailer that is engaged in business in California and you are the retailer for purposes of the sale, then you are liable for any applicable sales tax or you are responsible for collecting applicable use tax from the customer.
The Nielsen Global Connected Commerce Survey conducted interviews in 26 countries to observe how consumers are using the Internet to make shopping decisions in stores and online. Online shoppers are increasingly looking to purchase internationally, with over 50% in the study who purchased online in the last six months stating they bought from an overseas retailer.
For further details regarding these examples and California’s use tax registration and collection requirements generally, please see Regulation 1684, Collection of Use Tax by Retailers, publication 77, Out-of-State Sellers: Do You Need to Register in California?, or our frequently asked questions (FAQs) on Use Tax Collection Requirements for Out-of-State Retailers.
While the physical presence rule may seem clear, this is not necessarily the case. In Quill, the Supreme Court discusses not only physical presence, but also several types of potential nexus (connections) between a business and a state. Many states, including Texas, have used the term nexus rather than physical presence in their sales tax laws, regulations, or other official documents, and have sometimes defined nexus in ways that could go beyond physical presence.
Pay per click (PPC) advertising, commonly referred to as Search Engine Marketing, delivers targeted traffic and conversions and will yield results faster than organic search engine optimization. Successful PPC marketing programs offer incredible revenue and brand-building opportunities. However, without a thorough understanding of how PPC works, it is very easy to mismanage valuable advertising budgets. That’s where we come in!