For additional guidance, check Rule 3.286 under Title 34 of the Texas Administrative Code, which provides definitions of when a seller is engaged in business in Texas. The Rule includes a statement that a person does not have nexus with the state simply because he or she has a certificate of authority to do business in the state. The Rule also states that an out-of-state seller with nexus with the state must collect sales tax.
The case confronted the constitutionality of a law South Dakota passed in 2006, which requires online retailers to collect sales taxes if the business generates more than $100,000 in annual sales to South Dakota residents, or more than 200 separate transactions with state residents. Up until this point, remote sellers had taken their lead on this issue from a 1992 Supreme Court ruling – Quill Corporation v. North Dakota – and been only required to collect sales taxes on purchases if they had a physical presence in the state where the goods were bought.
1. General. A vendor that is engaged in making taxable sales in the commonwealth or that sells taxable tangible personal property or services for use in the commonwealth is subject to a sales or use tax collection duty when it is “engaged in business in the commonwealth” within the meaning of M.G.L. c. 64H, § 1 and meets the U.S. constitutional requirements. The provisions of M.G.L. c. 64H, § 1 are generally enforced to the extent allowed under the constitutional limits.
Texas also has an annual sales tax holiday from the first Friday in August through to the following Sunday. The holiday covers certain clothing, footwear, backpacks, and school supplies costing less than $100 per item. The TCPA publishes awebpage and a FAQ page on the holiday. In addition, more detailed information is available in Rule 3.365 of the Texas Administrative Code.
If the above conditions apply, you are required by law to collect, report and remit the appropriate state and local sales and use tax on taxable items delivered to customers in Texas. The sales price includes all shipping and handling charges. "Taxable items" include all tangible personal property as well as taxable services. For a list of the services taxable in Texas, see our publication 96-259, Taxable Services (PDF).
Finally, it’s critical you spend time and resources on your business’s website design. When these aforementioned customers find your website, they’ll likely feel deterred from trusting your brand and purchasing your product if they find your site confusing or unhelpful. For this reason, it’s important you take the time to create a user-friendly (and mobile-friendly) website.
To the great disappointment of many small business owners and supporters of federalism, the Supreme Court’s recent decision in Wayfair v. South Dakota opened the door for states to impose an internet sales tax, even on businesses that have no physical presence in their borders. Because Congress has the constitutional authority to regulate interstate commerce, it is now considering ways to address this newfound taxing authority. Congress must take this opportunity to use its power to protect small businesses from these taxes and perhaps to at least work to slow the process down while a long term solution is explored. The strength of the American economy depends on it.
We have a saying that “good data” is better than “big data.” Bid data is a term being thrown around a lot these days because brands and agencies alike now have the technology to collect more data and intelligence than ever before. But what does that mean for growing a business. Data is worthless without the data scientists analyzing it and creating actionable insights. We help our client partners sift through the data to gleam what matters most and what will aid them in attaining their goals.
After that, you need to make a choice about how to construct an online presence that helps you achieve that goal. Maybe you need to set up an e-commerce site. If you’re interested in publishing content to drive awareness and subscribers, look into setting up a blog. A simple website or landing page with a lead capture form can help you start developing your brand and generating traffic. A basic analytics platform (like Google Analytics, which is free) can help you start to measure how you are tracking towards your initial goal.
(b) Prior Tax Periods. An Internet vendor may have engaged in in-state contacts other than as referenced in 830 CMR 64H.1.7(1)(b)2.a. through c. during tax periods prior to September 22, 2017. In these cases, the vendor is liable for tax for such prior tax periods if: 1. the contacts created sales or use tax jurisdiction and; 2. the vendor did not collect and remit the tax. For example, for purposes of illustration only, an Internet vendor with a principal place of business located outside Massachusetts may have previously: a. owned or maintained inventory or other property in the state; or b. contracted with an in-state representative (including a related person) other than as referenced in 830 CMR 64H.1.7(1)(b)2.a. through c., and thereby created state sales or use tax jurisdiction. In these cases, the Internet vendor would have been subject to tax on all of its Massachusetts sales for the tax periods in question. Such a vendor may seek to use the Department of Revenue’s voluntary disclosure program for such prior periods.
Okay. Okay. There is a lot to learn. However, everyone has to start somewhere. If you're just being introduced to internet marketing, and you've become bedazzled by the glitz and the glamor of the top online income earners, know that it's not going to be easy to replicate their success. Be sure that you set your expectations the proper way. As long as you stay persistent, you can achieve your goals of generating healthy amounts of money online without becoming the victim of a scam.
It is important for a firm to reach out to consumers and create a two-way communication model, as digital marketing allows consumers to give back feed back to the firm on a community based site or straight directly to the firm via email. Firms should seek this long term communication relationship by using multiple forms of channels and using promotional strategies related to their target consumer as well as word-of mouth marketing.
A disadvantage of digital advertising is the large amount of competing goods and services that are also using the same digital marketing strategies. For example, when someone searches for a specific product from a specific company online, if a similar company uses targeted advertising online then they can appear on the customer's home page, allowing the customer to look at alternative options for a cheaper price or better quality of the same product or a quicker way of finding what they want online.
Over the last 15 years, TopSpot has grown into the largest independent search marketing agency in Houston, Texas due to our passion for helping our clients grow. We understand that your website is often the face of your company and should make you look your best. We create digital strategies that help you reach your business goals & showcase who you really are. SEO, PPC, web design & development and analytics solutions are services we provide, but that's only the beginning.