Sales Tax Audit Risk Diagnostic Test
If you are audited for sales tax, are you at risk of an unexpectedly large assessment? This questionnaire is designed to identify areas where you may be at risk.
Nexus
Do you conduct any activities in other states where you're not currently registered that could obligate you to collect sales tax in those states? The rules have changed dramatically with the new Supreme Court case.
1. Do you have employees that live and work in other states?
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Yes
No
Not sure
Office types:
Company office
Home office
Other
Comments1
2. Do you own or lease property from others (or to others) in other states?
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Yes
No
Not sure
Property type:
Store
Warehouse
Office
Equipment
Inventory
Samples
Machinery
Vehicles
Other
Comments2
3. Do employees travel to other states?
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Yes
No
Not sure
Activities performed by employees:
Make sales calls
Perform training
Make deliveries
Perform installations
Perform repairs
Replace old/stale inventory
Other
Comments3
4. Do you use independent sales representatives or sub-contractors in other states?
*
Yes
No
Not sure
Activities performed by sales reps:
Make sales calls
Perform training
Make deliveries
Perform installations
Perform repairs
Replace old/stale inventory
Other
Comments4
5. Do your sales to customers in any other state exceed an annual threshold of $100K per state?
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Yes
No
Not sure
Comments5
6. In any 12 month period, do you make more than 200 sales transactions in any other state?
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Yes
No
Not sure
Comments6
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Sales Tax Rates
There are more than 8,000 different taxing jurisdictions in the US alone. That means there are thousands of different tax rates that might apply to a given transaction. Getting the rate wrong can lead to an unexpectedly large and potentially devastating sales tax audit assessment.
7. Which of these describes your situation when it comes to determining the correct sales tax rates to charge your customers?
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This is not an issue for us at all right now
Determining the appropriate tax rate is currently a serious problem for us
Not sure
Comments7
8. What system do you use for obtaining the correct rates?
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This is not an issue for us at all right now
We use an automated software system integrated with our ERP/accounting software
We call the state or google it
Not sure
Comments8
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Product (or Service) Taxability
Knowing what rate to charge is difficult enough, but whether or not what you're selling is even taxable in the states where you have customers, can pose another level of complexity. Whether the product(s) or service(s) you sell are taxable across multiple states all depends on the rules in those states. Most states tax all sales or leases of tangible personal property (TPP) by default. The only way an item of TPP is not taxed is because it's specifically exempted by a state. On the other hand, in most states, only certain services are subject to tax. And those rules vary by state, and they're constantly changing. Hence the complexity.
9. What types of items do you sell?
*
Tangible personal property (TPP)
Services
Both TPP and services
Digital goods
All of the above
Comments9
10. Which of these is most true regarding your confidence when it comes to knowing whether or not what you sell is taxable?
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We're very confident in our understanding of the taxability of our products/services, so this isn't an issue for us at all right now
Thinking about the range of things we sell, we can't say we're all that confident that we're taxing them correctly where we have nexus
Not sure
Comments10
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Exemption Certificates
This may be the easiest area for state auditors to find big exposure. Many companies don't realize that once they are registered to collect tax in a state, they are required to collect sales/use tax on each taxable sale OR they must have a certificate from the customer to document why no tax was collected. In most cases, it's a resale certificate you need if you are making wholesale sales. The next most common type of certificate is an exempt organization certificate. The question is: do you need one for each customer in each state? The answer is "yes" (generally speaking).
11. Do you make any significant volume of exempt (non-taxed) sales?
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We do not make any significant amount of non-taxed (exempt sales), so exemption certificate management is not an issue for us at all currently
We make at least some exempt sales that we consider significant
Not sure
Comments11
12. If you do make exempt sales, which of these is most true about your collecting the required exemption certificates?
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This question does not apply to us
For most or all non-taxed sales transactions, we collect the exemption certificates before or at least soon after the time of the sale
We either don't collect certificates at all, or it only happens some of the time
Not sure
Comments12
13. If you do collect certificates, which of these describes your current process for maintaining copies of the required exemption certificates?
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This question does not apply to us
We store the exemption certificates electronically or in a central filing system making them easily retrievable and keeping them updated is relatively easy
We store the certificates we collect at various locations, probably not easily retrievable nor easily updated
Not sure what we're doing, or none of the choices above applied
Comments13
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Use Tax
When the state auditor shows up, he/she will always look at your purchases to determine if use tax has been paid. Sometimes businesses are caught off guard by this since states almost never audit individuals.
14. Which of these describes your current process for accruing and remitting use tax on your purchases?
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We pay tax to our vendors on the invoice -- we don't self-assess use tax
We have a manual system (either manual or automated) for accruing and paying use tax when the vendor doesn't charge us on our purchases
Not sure we have a good handle on whether we're accruing use tax correctly
Comments14
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15. You realize these questions cannot cover every possible sales/use tax audit risk?
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Yes, this is just an overview and every company has unique facts
Yes, we understand this is not a specific consultation based on our unique facts and circumstances
Yes, we get it.
Comments15
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Last Name
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