We're going to pull our info from local and FCC-involved legal counsel,
as well as the borough tax office (as stated before, Alaska does not
collect state tax). We'll forward specific information (as a de-minimus
provider), as applies to us here in Alaska, on the WISPA-AK list for
reference.
"Forum lawyers" (and "list-lawyers") have gotten many people in serious
trouble in the past. Thankfully, not us to this point.
*Josh Reynolds*
Chief Information Officer
SPITwSPOTS
[email protected] | www.spitwspots.com
On 06/03/2014 07:30 PM, Faisal Imtiaz wrote:
Yes, please do forward it .....
I believe you are confusing a few items together...
Let me see if I can clarify:-
1. One needs to consult your State Taxing Authority, to determine
what type of Taxes you should be COLLECTING on behalf of the State ,
and REMITTING to them, NO TWO STATES ARE ALIKE !
2. One needs to "distinguish" between what they are selling to
their customers !.. Internet Access / PTP Transport / VOIP / etc.
These three items are the most commonly taxed items. Some States it is
Sales Tax, Other States it is Communication Taxes, there can also be a
local County / City component... (Note: There is Federal Law on the
Books which exempts ANY kind of Tax Collection on INTERNET SERVICE
(only, it does not apply to PTP Transport), with the exception of what
was already in place by the 10 Grandfathered States...)
3. If you are providing VOIP services / Telephone Services or
Interstate services, you have to File with the FCC, and they determine
if you are Eligible for them to tax you for USF.. (Very important
note.. USF is a TAX on Communication Services Providers ONLY... no one
else, not end users, not customers etc.... However the LAW allows a
Communication Carrier to RECOVER the USF Tax equivalent, from it's
customer's Interstate / Long Distance services. (Lots of little if's
and or buts here)..lets not get into the habit of confusing the tax
with the recovery fee, they are related, but not the same !..)
4. If you are a BUYER of Long Haul Transport, and or any Voice/LD
Services from another Carrier, You have the honor of Paying That
Carrier their USF Recovery Fee... (This is not a tax on you !!!, but
you get to pay it). However if you are a USF Contributing Eligible
Carrier, who is not de-minimus, i.e. you are sending money to USF ,
then you can use your 499 ID, to get yourself OUT OF PAYING other
Carriers USF Recovery Fee. (and there may be one or two
other entities with similar exemptions).
One has to be very careful when using the word TAX as in State Taxes
or Federal Taxes, because if these are not Collected and Remitted in
the prescribed manner, one is guilt of a very big crime....This is the
major reason why a lot of Telecom Bills will list extra items as
FEES... not TAXES....
Hope this helps. Sorry to come across harsh and blunt, but what you
originally wrote, was totally off...
Regards.
Faisal Imtiaz
Snappy Internet & Telecom
7266 SW 48 Street
Miami, FL 33155
Tel: 305 663 5518 x 232
Help-desk: (305)663-5518 Option 2 or Email: [email protected]
------------------------------------------------------------------------
*From: *"Josh Reynolds" <[email protected]>
*To: *[email protected]
*Sent: *Tuesday, June 3, 2014 9:21:46 PM
*Subject: *Re: [WISPA] Sales Tax
I am going to forward this to both our FCC lawyer, and local
lawyer, to get their opinions on this.
We've been down this road several years ago I believe. I'll let
everyone know the results.
For the records, we do not have interstate transport to us, just
intrastate, so we don't pay into any USF funds in any way, shape,
or form... at least not directly. Nor are we a VOIP provider, so
we don't charge end users of our services USF taxes. We are
required I believe, under Alaska law, to charge sales tax on the
Internet Access services we provide. Again, will double check.
I would leave "bluntness" to actual lawyers who have documented
sources and case laws.
*Josh Reynolds*
Chief Information Officer
SPITwSPOTS
[email protected] | www.spitwspots.com
On 06/03/2014 03:53 PM, Faisal Imtiaz wrote:
My sincere apologies, Josh, for calling you out on this...
What you have stated below is quite wrong.... I am sorry for
being so blunt......
WISP's are not selling 'a service', at least not per State and
Federal Law definitions.
Sales Taxes and Communication (services) Taxes, two different
animals.
USF is a TAX on Service Providers based on a very particular
definition set of services....
Paying your service providers for USF RECOVERY Fees is NOT
= PAYING USF TAXES
Lot of verbiage, definitions, and it is rather important to be
accurate is what you are saying and how your are saying...
:)
Regards.
Faisal Imtiaz
Snappy Internet & Telecom
7266 SW 48 Street
Miami, FL 33155
Tel: 305 663 5518 x 232
Help-desk: (305)663-5518 Option 2 or Email:
[email protected]
------------------------------------------------------------------------
*From: *"Josh Reynolds" <[email protected]>
*To: *[email protected]
*Sent: *Tuesday, June 3, 2014 7:02:53 PM
*Subject: *Re: [WISPA] Sales Tax
You're selling a service. Sales tax in most areas. If your
have transport across state lines from a transport
provider or your bandwidth provider, you may be
responsible for USF taxes in certain cases.
*Josh Reynolds*
Chief Information Officer
SPITwSPOTS
[email protected] | www.spitwspots.com
On 06/03/2014 11:50 AM, Sam wrote:
Is there currently a requirement for a WISP (pure WISP - no
VOIP, etc)
to charge taxes of any sort, sales or otherwise? Or does that
vary by
location or state? The last time I was a WISP (long ago in a
county far,
far away) we did not have to charge/collect taxes from our
customers.
Thanks,
Sam
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