CDTFA Archives

CDTFA to Hold Interested Parties Meeting on the Marketplace Facilitator Act

The California Department of Tax and Fee Administration (CDTFA) recently released its Initial Discussion Paper for the Interested Parties Meeting it is hosting on October 15, 2019, in Sacramento to discuss and clarify the Marketplace Facilitator Act established in April by Assembly Bill 147. The main goal of the meeting is to determine what, if any, regulations may be adopted to make new registration requirements clear for business owners.

CDTFA Releases Its First Annual Report on California Sales and Use Tax

The California Department of Tax and Fee Administration (CDTFA) recently released its first annual report on the administration and enforcement of the state's sales and use tax programs. During FY 2017-18, the CDTFA managed nearly 1 million sales and use tax permits and processed over 2.2 million sales and use tax returns, resulting in the collection of more than $70 billion, including over $1 billion in delinquent taxes.

More Good News for California Marketplace Sellers

The California Department of Tax and Fee Administration (CDTFA) recently issued a special notice updating out-of-state e-retailers regarding their sales and use tax obligations for products delivered to California consumers. Specifically, beginning October 1, 2019, it will be the marketplace facilitator, rather than the marketplace seller, who will be responsible for collecting and paying sales and use tax on retail sales.

Relief for California Out-of-State Retailers Qualified as Marketplace Sellers

For months, many out-of-state retailers have been working to determine the extent to which they may owe tax to California for sales made in prior years, even though they had no physical nexus in California. Following the U.S. Supreme Court's decision in Wayfair v. South Dakota, California took the position that out-of-state retailers who utilize Amazon to hold inventory and make sales to customers in California have sufficient nexus to meet the requirements to collect and pay sales/use tax to California. This was true even if the business sent inventory to Amazon outside of California and Amazon made the determination to store inventory in California.

California Offers Relief for Qualifying Out-of-State Retailers Selling Through Fulfillment Centers

The California Department of Tax and Fee Administration (CDTFA) recently announced it is offering relief to certain out-of-state retailers (referred to as "marketplace sellers") who are considered to be engaged in business in the state of California based solely on their use of in-state fulfillment centers to store inventory. Qualifying retailers may be entitled to reduced tax liabilities, penalties, and interest, effective June 27, 2019.

California Provides Urgent Relief to Out-of-State Retailers, Raises Wayfair Threshold to $500k

On April 25, 2019, the Governor of California approved Assembly Bill No. 147, which sets the economic nexus threshold at $500,000 in sales or deliveries to California, cumulative over 12 months. This will come as some relief to many out-of-state retailers affected by last year's U.S. Supreme Court case, South Dakota v. Wayfair, Inc., the case that overturned the long-standing principle set in Quill Corp. v. North Dakota requiring physical presence for a retailer to be subject to state sales and use taxes.

California Drafts Plans for Sales Tax Regulations in Wake of Wayfair Decision

Back in June, the U.S. Supreme Court issued a decision in South Dakota v. Wayfair, Inc. that reversed Quill's requirement for physical presence to establish sales tax nexus for out-of-state businesses. Individual states are now hurrying to decide upon economic or transactional thresholds to govern who should be collecting and paying over sales tax concerning primarily e-commerce sales.

State Tax Relief for Californians Affected by Recent Natural Disasters

The California Franchise Tax Board (FTB) recently announced that tax relief may be available to certain California taxpayers impacted by the recent wildfires, floods, and mudslides. Specifically, the deadlines for individual income tax returns normally due on April 17, 2018, and quarterly estimated tax payments normally due on January 16, 2018, have been extended to April 30, 2018. More information on how to claim a disaster loss with the FTB is available here.

Contact the Law Office of Williams & Associates

For more information about our tax law services, or to discuss your tax matter, call our Sacramento office at (916) 488-8501 or toll free at (800) 684-7147. You may also send us an inquiry via email.

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