Navigating the complex and ever-changing sales tax on services can be challenging for businesses and is usually more complicated than understanding sales tax on goods.
The common misunderstanding is that only physical goods are subject to sales tax, and services are somehow exempt. However, clarifying this misconception is essential because many businesses are unaware of the changing rules and regulations when collecting sales tax on services. In recent years, an increasing number of states have started requiring sales tax on services and are continuously updating their guidelines on what is taxable and what is exempt.
This guide clarifies sales tax on services across states and serves as a valuable resource to streamline sales tax compliance for businesses and tax professionals.
Key Takeaways
- Each state has different rules regarding the taxability of services. Some states may exempt a specific service, while others may not
- Charging sales tax on services is not required unless your business has a sales tax nexus in a state and you are selling a taxable service in that state.
- What’s exempt at a state-level can still be subject to local sales tax. It’s important to check local or home rules, especially for sales tax on services.
- The taxability of bundled transactions where both goods and services are sold together can be determined through a “true object test.”
- Rules can change anytime. An exempt service today can be taxable tomorrow. Staying updated with the latest news is important.
Goods vs. Services: What’s the difference?
To better understand how sales tax guidelines distinguish between “goods” and “services,” let’s define these terms and highlight their fundamental differences.- Goods – Defined as TPP or “Tangible Personal Property” items, such as furniture, automobiles, jewelry, beauty products, clothing, appliances, electronics, food items, and more.
- Services – Refers to intangible activities that may or may not produce a tangible good. Services include legal, consulting, advertising, personal grooming, repairs and maintenance, and more.
What are the different types of “Services”?
Services cover many activities, but we can make things easier to understand by grouping them into a few broad categories.- Business Services – includes consulting, advertising, computer services, lobby, and human resource services.
- Personal Services – includes various self-improvement and personal grooming services, such as dry cleaning, salons, and spas. Animal grooming is also included in personal services and is taxable in some states.
- Professional Services – services provided by licensed and certified professionals such as accountants, lawyers, physicians, attorneys, doctors, and architects. These services are taxable only in some states due to powerful lobbying.
- Services to TPP – refer to services directly related to the sale of tangible personal property (i.e., products). These services include repairs and maintenance, shipping or delivery, warehousing, engineering, installation, and rental services.
- Amusement and Recreation Services – services that provide entertainment, fun, and enjoyment to individuals. They include amusement parks, sports events, concerts, and sightseeing tours.
- Service to Real Property – services directly related to immovable property (i.e., buildings) and real estate. They include building improvement, construction, architectural, property management, property maintenance (i.e., lawn service, cleaning/janitorial services), and broker services.
When to Charge Sales Tax on Services?
Each state has its own rules and regulations regarding which types of services are subject to sales tax. Just like products, not all services are subject to sales tax. New sales tax regulations are being implemented frequently on services as service-based businesses grow in the United States. As a business, you must determine whether you need to charge sales tax on services before running a service-based business. To determine if your business is eligible to collect sales tax on the services you provide, there are a few crucial factors to consider:- Taxability of Services: Understanding the taxability rules for services in each state where you conduct business is vital. Each state has different guidelines regarding which services are subject to sales tax.
- Nexus Requirements: You only need to focus on the states where your business has established a physical and economic nexus. Nexus refers to having a significant presence or connection in a state that triggers tax obligations.
How to Determine Service Taxability Using the True Object Test
Identifying the taxability of services can stir confusion at times when it involves the sale of tangible personal property or equipment. This commonly occurs in bundled sales where both goods and services are sold together. In that case, how can you identify when to charge sales tax on services when the service may not be recognized as a service? The states have come up with a solution to this dilemma, which is the “true object test.” This test focuses on defining the main purpose of the transaction. Basically, you must ask yourself, is the main purpose of the transaction to receive a service or to obtain the goods involved? Here’s an example of a true object test:- An accountant charges you for their financial reporting service. The report is a physical documentation that makes it a tangible personal property being sold along with the service.
- Your main purpose is to obtain that report to use for your business’s financial planning.
- However, there won’t be a report at all without the accountant’s services in the first place. In other words, the transaction can’t be accomplished without the accounting services involved.
- Therefore, the “true object” here is the service provided, not just obtaining the report. Thus, the transaction is defined solely as a “service” and not the sale of tangible personal property or equipment. With this, the confusion of a service’s taxability can be easily cleared.
Sales Tax on Services by States
The following table summarizes each state’s general services category subject to sales tax. Note: Within each category of services, each state can have different regulations for sales tax and what is taxable within that category. Please refer to the State’s Department of Revenue website for guidelines on whether a specific service is taxable.
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Which state taxes the most services?
Even with the table provided above, it can be difficult to tell which state taxes the most services at a glance. In summary, there are 4 states that tax services automatically, unless specific exemptions are stated. Those states are Hawaii, New Mexico, South Dakota, and West Virginia. Aside from the aforementioned states, Washington and Minnesota are 2 states with a very broad taxability base for sales tax on services.Which state taxes the fewest services?
Five states do not impose any sales tax at all. Those states are New Hampshire, Oregon, Montana, Alaska, and Delaware, also known as the “NOMAD” states. However, for clarification, Alaska does have a local sales tax. But apart from the NOMAD states, there are plenty of sales tax-friendly states when it comes to the taxability of many services. Here are some of those states: DISCLAIMER: Most services in the states listed above may not be taxable at the state level. However, services can still be taxable at a local level due to applicable home rules in states like Colorado, Alabama, and Louisiana.How to Stay Compliant with Varying Rules for Sales Tax on Services
The taxability of services varies state-by-state. With this level of complexity, it’s easy to feel lost when it comes to navigating the ever-changing sales tax rules. To help you stay compliant when managing sales tax on services, here are 5 essential tips to keep in mind.- Check the state’s tax rules thoroughly – Whether you are selling from North to South, it’s important to know the specific rules of every state you are dealing with. One state may tax certain services, while another may not.Additionally, local taxability also matters. Sometimes, what’s tax-exempt at a state level may still be subject to local sales tax. To keep everything covered, you should also check the city or county’s rules when it comes to the service’s taxability.
- Consider your nexus – Before you worry about charging sales tax on your services, first, you need to ask, should you collect sales tax at all? If you have no sales tax nexus in a state, you are generally not required to register and have no obligation to collect sales tax from your services.This means even if your services are subject to sales tax, charging sales tax is not mandated until you establish an economic nexus in the state you are selling to.
- Keep in mind that rules change over time – What’s exempt today may become taxable tomorrow. Never let your guard down when it comes to taxabilities of your products and services. To ensure you stay updated, you can consider doing the following:– Visit state websites directly for more official and verified news.– Subscribe to sales tax channels that provide nationwide updates.– Follow accounts or pages that announce relevant sales tax news.
- Do a true object test when necessary – As explained earlier, a true object test is done by certain states to accurately determine a service’s taxability. If a transaction’s main purpose involves the sale of a tax-exempt service, then the transaction should be exempt from sales tax. However, if a transaction primarily involves the sale of tangible personal property or equipment along with the service, then the transaction may be defined as a retail sale rather than a tax-exempt service. That means the transaction is determined to be taxable based on the “true object” test.
- Use a reliable sales tax software – Consider using a sales tax software that can do everything for you, including alerting you whenever there’s a new rule that may impact your business. If you need help with sales tax compliance, you can try out TaxHero’s free demo and learn how we fully take sales tax compliance off your hands.
Local Sales Tax on Services
While some states may not have a statewide sales tax on services, some localities, such as counties or cities, may impose a local sales tax on services. For example, the state of New York does not impose a statewide sales tax on the following services, but a local sales tax in New York City applies:-
- Electrolysis
- Tanning Services
- Massage Services
- Beautician Services
- Credit Rating Services
- Manicure and Pedicure
- Services provided by weight control and Health Salons, Gyms, Sauna Baths, and other similar facilities
Common Mistakes When Managing Sales Tax on Services
Another way to ensure you stay compliant is by being conscious of the common mistakes when it comes to dealing with sales tax on services. With that said, avoid these 3 common mistakes businesses make when managing sales tax on services:- Assuming the taxability – This mistake happens anywhere related to sales tax compliance. Assuming a product’s taxability and not verifying with official resources, such as state websites, can cause you unwanted liabilities.
- Skipping the true object test – It’s not always easy to determine on the spot whether your service is taxable or not. In some states, like Colorado, you must do a true object test to identify if your service is the “true object” of the transaction. However, if a tangible personal property or equipment involved with the service is the “true object” of the transaction, then your sale may become subject to sales tax. Whenever you’re in doubt about your service’s taxability, don’t miss out on doing a true object test.
- Not checking local taxability – In line with the first mistake, it’s also common to forget that some localities have their own rules. To avoid penalties, always keep in mind that state-level exemptions may not always apply locally.
Why Sales Tax on Services Continues to Expand
As of now, more states still have an average coverage when it comes to the taxability of services. However, as trends change and demands grow, some states may also begin defining the taxability of more services anytime soon. Just like how laws on digital products and their taxability continue to evolve, sales tax on services may eventually expand to cover a broader base than before. This may be done to fund new government projects and other important plans a state may have. Due to this, it’s necessary to stay up-to-date with every potential change that may impact your business. Don’t hesitate to bookmark and check this guide regularly, as TaxHero provides you with the newest updates. Alternatively, if you prefer getting your occasional sales tax news from other channels, you can also follow TaxHero on Facebook, X (Twitter), or LinkedIn for more US sales tax updates for ecommerce businesses!Simplify your Sales Tax Compliance with TaxHero
Let experts at TaxHero handle the nitty-gritty of your sales tax compliance, including managing the sales tax obligations applicable to your services. We’ll take care of everything from determining taxability to understanding your nexus requirements. Book a call today to get your questions answered!Frequently Asked Questions
1. Does US sales tax apply to services?+
Yes, US sales tax does apply to services in states where the service is specified to be taxable. However, for businesses, this depends on whether they have a sales tax nexus or not. If the service provider does not have a nexus, they don’t need to apply sales tax on their services.At the same time, some states may specifically apply sales tax on certain services. Meanwhile, other states may not. That’s why the U.S is known for its complex sales tax rules since every state have their own unique laws and regulations.
2. Do I need to charge sales tax for services?+
You only need to charge sales tax for services based on 2 crucial factors:
- The service you are selling is taxable in the state where you are selling and
- You have a sales tax nexus in the state where you are selling, and your business is already registered
3. Do you charge sales tax on services in New York?+
You must charge sales tax on services in New York if you meet the following conditions:
- You are selling a taxable service in New York – Keep in mind that most services in New York are not subject to the state-level sales tax. Therefore, you have to check the service’s taxability first.
- You have a sales tax nexus in New York – Once your business meets the state’s economic nexus threshold, you are required to register and begin charging sales tax on taxable sales. This includes your services unless it is specifically stated to be exempt.
