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LATEST NEWS:

AUG 30TH, 2021

ARKANSAS EXEMPTS LAWN CARE FOR RESIDENTIAL RENTALS

THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION (DFA) RECENTLY RULED THAT
LAWN CARE SERVICES FOR RESIDENTIAL RENTAL PROPERTIES WERE NOT SUBJECT TO SALES
TAX.

THE TAXPAYER PURCHASED LAWN CARE SERVICES FOR RESIDENTIAL SINGLE-FAMILY HOMES
THAT IT RENTED OUT. ARKANSAS TAXES LAWN CARE AND LANDSCAPING SERVICES. HOWEVER,
"LAWN CARE" IS DEFINED AS "THE MAINTENANCE, PRESERVATION, OR ENHANCEMENT OF
GROUND COVERING OF NONRESIDENTIAL PROPERTY." ARKANSAS DEFINES "RESIDENTIAL"
PROPERTY TO MEAN "A SINGLE-FAMILY RESIDENCE USED SOLELY AS THE PRINCIPAL PLACE
OF RESIDENCE OF THE OWNER OR OCCUPANT." THE DEFINITION EXCLUDES MULTI-FAMILY
DWELLINGS SUCH AS APARTMENT BUILDINGS, CONDOMINIUMS, AND DUPLEXES, BUT INCLUDES
SINGLE-FAMILY DWELLINGS LEASED TO THE OCCUPANT. THE DFA DETERMINED THAT EVEN
THOUGH THE RENTAL HOMES WERE OWNED BY A BUSINESS ENTITY, THE RENTALS WERE
RESIDENTIAL PROPERTY BECAUSE THEY WERE SINGLE-FAMILY DWELLINGS USED AS
RESIDENCES. AS A RESULT, THE LAWN CARE SERVICES PERFORMED ON THOSE PROPERTIES
WERE NOT TAXABLE.

THE DFA CLARIFIED THAT LAWN CARE SERVICES FOR ANY COMMERCIAL PROPERTY OWNED BY
THE VACATION RENTAL BUSINESS, INCLUDING VACANT LOTS, WOULD BE TAXABLE.





AUG 30TH, 2021

VIRGINIA TAXES FEES CHARGED BY ACCOMMODATIONS INTERMEDIARIES

BEGINNING SEPTEMBER 1, 2021, FEES CHARGED BY BOOKING AGENTS AND OTHER COMPANIES
THAT HANDLE ACCOMMODATION RESERVATIONS WILL BE SUBJECT TO SALES TAX. BOOKING A
HOTEL OR MOTEL ROOM, CAMPGROUND SPACE, AND OTHER SIMILAR SHORT-TERM LODGINGS ARE
ALREADY SUBJECT TO VIRGINIA SALES TAX.

DEPENDING ON WHO THE ROOM IS BOOKED THROUGH, THE TAX SHOULD BE COLLECTED BY
EITHER THE ACCOMMODATIONS PROVIDER OR THE ACCOMMODATIONS INTERMEDIARY. AN
"ACCOMMODATIONS PROVIDER" IS ANY PERSON OR BUSINESS THAT PROVIDES SHORT-TERM
LODGINGS. AN "ACCOMMODATIONS INTERMEDIARY" IS ANY BUSINESS THAT FACILITATES THE
BOOKING OF ACCOMMODATIONS. BEGINNING SEPTEMBER 1, 2021, THE INTERMEDIARY WILL
COLLECT TAX BASED ON THE TOTAL CHARGE FOR THE ROOM OR LODGING, INCLUDING ANY
FEES CHARGED BY THE INTERMEDIARY.





AUG 25TH, 2021

ARIZONA ALLOWS MANUFACTURING UTILITIES DEDUCTION FOR CERTAIN MINING OPERATIONS

THE ARIZONA DEPARTMENT OF REVENUE ("DEPARTMENT") RECENTLY DETERMINED THAT MINING
OPERATIONS THAT ALSO ENGAGED IN METALLURGICAL QUALIFIED FOR A MANUFACTURING
UTILITIES DEDUCTION. ARIZONA PROVIDES A DEDUCTION FOR A UTILITY'S SALES OF
ELECTRICITY OR NATURAL GAS TO A MANUFACTURING OR SMELTING BUSINESS. HOWEVER,
ARIZONA DEFINES "MANUFACTURING" DIFFERENTLY FOR ITS UTILITIES DEDUCTION THAN IT
DOES FOR PURPOSES OF EXEMPTING MACHINERY OR EQUIPMENT. FOR PURPOSES OF THE
UTILITIES DEDUCTION, "MANUFACTURING" EXCLUDES MINING ACTIVITIES.

FOR THE DEDUCTION TO APPLY, THE BUSINESS MUST PERFORM AN INTEGRATED SERIES OF
OPERATIONS THAT CHANGES THE FORM, COMPOSITION, OR CHARACTER OF A RAW MATERIAL
INTO A DIFFERENT PRODUCT. CERTAIN MINING OPERATIONS ENGAGE IN METALLURGICAL
ACTIVITIES. METALLURGICAL ACTIVITIES TAKE METALLIFEROUS ORES AND CHANGE THEM
INTO MARKETABLE PRODUCTS THROUGH PHYSICAL OR ELECTROCHEMICAL PROCESSES. WHILE
THE DEPARTMENT DID NOT RECOGNIZE METALLURGICAL OPERATIONS AS MANUFACTURING FOR
THE MACHINERY AND EQUIPMENT EXEMPTION, THE OPERATIONS MET THE MANUFACTURING
DEFINITION USED FOR THE UTILITIES DEDUCTION. THE DEPARTMENT CONCLUDED THAT
MINING OPERATIONS THAT ALSO ENGAGE IN SEPARATE AND ADDITIONAL METALLURGICAL
ACTIVITIES QUALIFY FOR THE MANUFACTURING UTILITIES DEDUCTION, EVEN THOUGH THE
DEDUCTION EXCLUDES MINING OPERATIONS.





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