I read online that the Federal exemption is set to expire this fall. Does anyone know if it's been extended?
From: [email protected] [mailto:[email protected]] On Behalf Of Faisal Imtiaz Sent: Tuesday, June 03, 2014 10:30 PM To: WISPA General List Subject: Re: [WISPA] Sales Tax 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]<mailto:[email protected]> ________________________________ From: "Josh Reynolds" <[email protected]<mailto:[email protected]>> To: [email protected]<mailto:[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]<mailto:[email protected]> | www.spitwspots.com<http://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]<mailto:[email protected]> ________________________________ From: "Josh Reynolds" <[email protected]><mailto:[email protected]> To: [email protected]<mailto:[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]<mailto:[email protected]> | www.spitwspots.com<http://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. 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