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.
Sharpe, who's presently running a company called Legendary Marketer, teaching you how to duplicate his results, is a prime example. By understanding how Sharpe has constructed his value chain, positioned his offerings and built out his multi-modality sales funnels, you'll better get a larger grasp on things. As confusing as it sounds at the outset, all you need to do is start buying up products in your niche so that you can replicate their success.
There's a lot to learn when it comes to the internet marketing field in general, and the digital ether of the web is a crowded space filled with one know-it-all after another that wants to sell you the dream. However, what many people fail to do at the start, and something that Sharpe learned along the way, is to actually understand what's going on out there in the digital world and how businesses and e-commerce works in general, before diving in headfirst.
(a) Requirement to File Tax Return. An Internet vendor subject to 830 CMR 64H.1.7(3) must file a tax return in the form and manner prescribed by the Commissioner and pay the tax due for each calendar month on or before the 20th day of the following calendar month, whether or not the vendor must collect any other local or state excises. For applicable record retention requirements, see 830 CMR 62C.25.1: Record Retention.
A 1992 Supreme Court decision (the Quill v. N. Dakota case) attempted to address the issue of internet transactions. According to the Tax Foundation, the Quill decision said that a business "must have a physical presence in a state in order to require the collection of sales or use tax for purchases made by in-state customers." This physical presence is called a tax nexus. The tax nexus concept originally meant a physical building, office, warehouse, retail store, or employees selling in the state.
Since the Quill decision, states have become aggressive in expanding the definition of tax nexus in order to stop the outflow of tax revenues. Some states have taken a tax nexus to mean the presence of an affiliate. For example, Amazon sellers have been called affiliates, and California (among other states) has enacted state laws stating that the presence of an affiliate creates a tax nexus in that state, thus the requirement that sales tax be charged on all internet sales taxes from these affiliates.
After years of confusion, the internet sales tax issue was sent to the Supreme Court, in a case called S. Dakota v. Wayfair. In June 2018, the Court ruled for the state of South Dakota, saying that online sellers had an unfair advantage and that states have the right to require online sellers to charge and collect sales tax to buyers in their state.
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