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LATEST NEWS:

DEC 3RD, 2021

WASHINGTON TAXES BIG-GAME HUNTING GUIDE SERVICES

THE WASHINGTON DEPARTMENT OF REVENUE ("DEPARTMENT") RECENTLY DETERMINED THAT
HUNTING GUIDE SERVICES WERE TAXABLE IN 2014 AND 2015. THE TAXPAYER OFFERED
GUIDED BIG-GAME HUNTING EXCURSIONS BETWEEN 2014 AND 2016. THE TAXPAYER CONTESTED
TAX ASSESSED ON ITS SERVICES IN 2014 AND 2015.

WASHINGTON TAXES RETAIL SALES UNLESS AN EXEMPTION APPLIES. WASHINGTON DEFINES A
"RETAIL SALE" TO INCLUDE AMUSEMENT AND RECREATION SERVICES. IN 2014 AND 2015,
WASHINGTON'S RULES EXCLUDED INSTRUCTIONAL LESSONS TO LEARN A PARTICULAR ACTIVITY
FROM THE DEFINITIONS OF "RETAIL SALE" AND "AMUSEMENT AND RECREATION SERVICES."
HOWEVER, A 2014 DECISION DETERMINED THAT HUNTING GUIDE SERVICES WERE NOT
"INSTRUCTIONAL LESSONS TO LEARN A PARTICULAR ACTIVITY" BECAUSE THEY DID NOT
INVOLVE A SPECIFIC CURRICULUM, LEAD TO A CERTIFICATION, OR RESULT IN KNOWLEDGE
IN A SPECIALIZED FIELD OF STUDY.

WASHINGTON AMENDED ITS DEFINITION FOR "RETAIL SALE" ON JANUARY 1, 2016, TO
SPECIFICALLY INCLUDE GUIDED HUNTING. WHILE THE LANGUAGE IMPLIES THAT SUCH
SERVICES WERE NOT TAXABLE PRIOR TO JANUARY 1, 2016, THE DEPARTMENT CONCLUDED
THAT HUNTING GUIDE SERVICES WERE TAXABLE BETWEEN 2014 AND 2015. SO, THE
TAXPAYERS GUIDED BIG-GAME HUNTING EXCURSION SALES BETWEEN 2014 AND 2015 WERE
TAXABLE.





DEC 2ND, 2021

CALIFORNIA ANNOUNCES NEW FEE COLLECTION REQUIREMENTS FOR MARKETPLACE
FACILITATORS

THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION (CDTFA) RECENTLY
ANNOUNCED THAT BEGINNING JANUARY 1, 2022, REGISTERED MARKETPLACE FACILITATORS
MUST COLLECT AND PAY SEVERAL NEW FEES ON BEHALF OF MARKETPLACE SELLERS. THESE
FEES INCLUDE THE ELECTRONIC WASTE RECYCLING FEE, THE CALIFORNIA BATTERY FEE, THE
LUMBER PRODUCTS ASSESSMENT, AND THE CALIFORNIA TIRE FEE. MARKETPLACE
FACILITATORS MUST NOTIFY ALL MARKETPLACE SELLERS THAT SELL ON THE FACILITATOR'S
MARKETPLACE THAT THEY ARE REGISTERED WITH THE CDTFA AND WILL BE COLLECTING AND
PAYING FEES DUE ON THE CALIFORNIA SALES FACILITATED THROUGH THEIR MARKETPLACE.





NOV 29TH, 2021

SOUTH CAROLINA TAXES PRESCRIPTION EYEGLASSES BUT NOT OPHTHALMOLOGIST OR
OPTOMETRIST SERVICES

THE SOUTH CAROLINA DEPARTMENT OF REVENUE ("DEPARTMENT") RECENTLY DETERMINED THAT
RETAIL SALES OF PRESCRIPTION EYEGLASSES BY OPTICIANS WERE TAXABLE, WHILE
PROFESSIONAL SERVICES RENDERED BY OPHTHALMOLOGISTS OR OPTOMETRISTS TO PATIENTS
WERE NOT TAXABLE. SOUTH CAROLINA TAXES SALES OF TANGIBLE PERSONAL PROPERTY AND
SERVICES IDENTIFIED AS TAXABLE. PROFESSIONAL SERVICES ARE NOT IDENTIFIED AS
TAXABLE.

SALES OF PRESCRIPTION EYEGLASSES BY OPTICIANS ARE TAXABLE RETAIL SALES, BUT
SERVICES PROVIDED BY OPHTHALMOLOGISTS OR OPTOMETRISTS ARE NONTAXABLE
PROFESSIONAL SERVICES. THIS GENERALLY MEANS THAT THE ENTIRE CHARGE TO A PATIENT
BY AN OPHTHALMOLOGIST OR OPTOMETRIST FOR PROFESSIONAL SERVICES, INCLUDING ANY
CHARGES FOR PRESCRIPTION EYEGLASSES, IS NOT TAXABLE. HOWEVER, THE DEPARTMENT
DETERMINED THAT IF AN OPHTHALMOLOGIST OR OPTOMETRIST, IN ADDITION TO PROVIDING
PROFESSIONAL SERVICES, ALSO ACTS AS A RETAILING OPTICIAN BY SELLING PRESCRIPTION
EYEGLASSES TO NON-PATIENTS, THEN (1) PRESCRIPTION EYEGLASSES FURNISHED TO A
PATIENT AS PART OF A PROFESSIONAL SERVICE ARE TAXABLE BASED ON THE FAIR MARKET
VALUE WHEN WITHDRAWN FROM INVENTORY AND PROVIDED TO THE PATIENT, AND (2) SALES
OF PRESCRIPTION EYEGLASSES TO A NON-PATIENT ARE TAXABLE BASED ON THE GROSS
PROCEEDS OF THE SALE OF THE PRESCRIPTION EYEGLASSES.





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