Hi Fred, 

on a related note... Neustar sending bills to anyone/everyone filling out FCC 
form 499, for LNP system, is that legit ? 

Regards. 

Faisal Imtiaz 
----- Original Message -----

From: "Fred Goldstein" <fgoldst...@ionary.com> 
To: wireless@wispa.org 
Sent: Sunday, July 28, 2013 11:42:04 AM 
Subject: Re: [WISPA] VoIP Taxes, Fees, & Insanity 

On 7/28/2013 12:46 AM, Jeremy wrote: 



>From what I read it seems like you can collect whatever you want directly from 
>your customers but it may be considered as income and taxed as such. So you 
>can't really pass it on as a direct fee and bypass your income tax liability 
>for it. 




No. Federal billing rules say that you cannot collect more on your retail bill 
for FUSF than you pass along. No markups allowed. Most of the other charges can 
also be passed along one for one, but state rules could vary. 

But the rate is not exactly what you think. The Federal USF rate is calculated 
as a percentage, changed quarterly (it has gone over 17%), of your interstate 
telecommunications service billing. If you are providing local telephone 
service, that line item is not subject to USF as it is intrastate, not 
intersate. Internet access is not subject to USF as it is information service, 
not telecommunications service. The tax was meant to apply to long distance 
calls, which were a lot of money back in the day. 

If you are (as is the norm nowadays) providing a service that does not charge 
explicitly for interstate long distance, then you have two options. There is a 
"safe harbor" of 64.9%, wherein that percentage of the total phone package is 
deemed interstate. So if you sold it for $10/month, the tax would be applied to 
$6.49 of it. This number was computed back when VoIP services were primarily 
used as cheap dial-around long distance, not as primary lines, so the "PIU" 
(percentage interstate use -- this number comes up a LOT in telecom billing) 
was high. 

You can also compute what percentage of your calls are actually interstate, and 
pay USF on that percentage of the bill. This involves filling out the Form 
499-Q's correctly, but it is the norm nowadays. 

Bear in mind that there is a "de minimis" rule. If you would owe less than 
$10k/year, then you only file Form 499-A (annual, vs. quarterly), and don't pay 
anything. BUT you then are treated as a retail customer of your wholesale 
provider(s), and *they* collect USF on what they bill you. If you are no de 
minimis, and do actually pay USF, then you tell that to your providers, who 
have to verify it against FCC records, and then they don't charge you USF. It's 
sort of like a retailer's exemption on sales tax; it's only collected once. 
Note that this whole system is on the docket at the FCC and they're still 
thinking about how to revise it, but don't seem to have a consensus, so they're 
just putting it off. 


<blockquote>


On Sat, Jul 27, 2013 at 10:26 PM, Chris Fabien < ch...@lakenetmi.com > wrote: 

<blockquote>

That looks about right, it varies by state/locality of course. We collect 
Federal USF, State use tax, state and county E911. The USF you get to pocket 
until your required contributions are $10k/year - under that you are considered 
"de minimus" and just have to file the annual form. 

When we set up our billing the Telecom Relay Fund passed under our radar so now 
we're just paying for that out of pocket. I'm not sure if you are allowed to 
collect that specifically from your customers as well. 


On Sun, Jul 28, 2013 at 12:20 AM, Jeremy < jeremysmi...@gmail.com > wrote: 

<blockquote>

I am attempting to figure out all of the taxes for VoiP and the main thing that 
has me confused is the Universal Service Fund. It seems that my state (Utah) 
has a USF of 0.45% 
http://www.psc.state.ut.us/utilities/telecom/documents/Rule%20746-360%20amendment.rtf
 

Then it also seems like the Feds want 15.1%?? That is huge! 
http://www.fcc.gov/encyclopedia/contribution-factor-quarterly-filings-universal-service-fund-usf-management-support
 

Then there is sales and use tax of 
State Sales & Use - 4.7% 
Municipality Sales & Use - varies - see 
http://tax.utah.gov/salestax/rate/13q3combined.pdf 

Then we have E911: 

E911 State - .08 
E911 County - .61 
Poison Control - .07 
------------------------------- 
Total for E911 - .76 

Then, since October 2011 we are also liable for the Telecommunications Relay 
Fund - .06 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-150A1.pdf 


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</blockquote>



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-- 
 Fred R. Goldstein              fred "at" interisle.net
 Interisle Consulting Group 
 +1 617 795 2701 

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