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100 S.E. 3rd Ave., Suite 2202

Fort Lauderdale, FL 33394

Office (954) 761-3700

Fax (954) 761-1004

8875 Hidden river PKWY, Suite 230

Tampa, FL 33637

Office (813) 775-2131

Fax (866) 388-3029

3500 Financial Plaza, Suite 330

Tallahassee, FL 32312

Office (850) 250-3830

Fax (866) 388-3029


MULTI-STATE TAX AMNESTY FOR AMAZON FBA SELLERS!!!!!

ACT NOW! MULTI-STATE TAX AMNESTY FOR AMAZON FBA

If you sell goods or services using Fulfillment by Amazon, a.k.a. Amazon FBA, then you have probably been losing sleep at night worrying about whether you should be registered to collect sales tax and pay income/franchise taxes in the various states where Amazon is holding your inventory. If you haven’t been losing sleep worrying about this, then you should be because your company could easily become liable for all the sales taxes you should have been collecting from your customers as far back as when you started using Fulfillment by Amazon, plus interest and penalties. You could also owe income tax in those same states. Why? Because the inventory Amazon is storing for you across the country is most likely enough contact with those states to give the state taxing jurisdiction over your company. Such contact is usually referred to as having “nexus” in the state. However, there is an MULTI-STATE AMNESTY PROGRAM coming that may help you start sleeping again and possibly without having to pay the taxes, penalties, and interest you owe in most states. Sounds too good to be true? If you don’t act between August 17 and October 17, 2017, then it is too good to be true.

The amnesty program, spearheaded by the Multi-State Tax Commission (MTC), was devised as a way to help the thousands of businesses using Fulfillment by Amazon who were completely unaware of that they were in the middle of a minefield of state tax problems simply by using Amazon FBA. Thus far 24 state have signed on to the amnesty program and almost all have agreed to forgive back taxes, interest, and penalties for sales tax, income tax, and franchise taxes, if the business complies with the myriad of requirements of the amnesty program. At the time of this article, the following states have agreed to participate:

  • ALABAMA
  • ARKANSAS
  • COLORADO (income tax liability waiver is limited)
  • CONNECTICUT
  • DISTRICT OF COLUMBIA
  • FLORIDA
  • IDAHO
  • IOWA
  • KANSAS
  • KENTUCKY
  • LOUISIANA
  • MASSASHUSETTS
  • MINNESOTA
  • MISSOURI
  • NEBRASKA
  • NEW JERSEY
  • NORTH CAROLINA
  • OKLAHOMA
  • SOUTH DAKOTA
  • TENNESSEE
  • TEXAS
  • UTAH
  • VERMONT
  • WISCONSIN (back taxes interest from 1/1/15 must be paid)

Some of the requirements to qualify for the program are:

  • The taxpayer has not registered with the state taxing authority, filed returns, or had any prior contact with the state concerning potential tax liability.
  • The taxpayer is an online marketplace seller using a marketplace provide, such as Amazon FBA to facilitate sales into the state and has not property, employees, or agents in the state except for the online marketplace seller’s inventory or other nexus creating actives of the marketplace provider.
  • Any taxes collected from customers will be remitted including penalties and interest.

This is likely a onetime offer for full relief of taxes, penalties, and interest in these states and if your company or your client’s company has potential liability using Amazon’s services, then this is probably the last opportunity you will have to get this state tax mess cleaned up without having to pay the taxes, penalties, and interest. If you have questions or need experienced attorneys to handle the amnesty program for you, then we are here to help.

At the Law Office of Moffa, Sutton, & Donnini, PA, our primary practice area is representing businesses in state tax matters, with a very heavy emphasis in Florida sales and use tax. We have defended businesses just like yours for more than 25 years with over 100 years of cumulative experience working for our firm. Our partners are both CPAs/Accountants and Attorneys, so we understand both the accounting side of the situation as well as the legal side. Call our offices today for a FREE INITIAL CONSULTATION to confidentially discuss how we can help put this nightmare behind you.

ADDITIONAL ARTICLES TO READ

FL SALES TAX ON DROP SHIPMENTS, published March 24, 2016, by Amanda Levine, Esq.

FL SALES TAX CLASS ACTION ON PIZZA HUT DELIVERY FEE, published December 9, 2015, by Jerry Donnini, Esq.

FLORIDA USE TAX AUDIT LETTER?, published June 14, 2015, by James Sutton, CPA, Esq. and Jerry Donnini, Esq.

AMAZON STARTS CHARGING SALES TAX IN FLORIDA - MAY 1 2014, published May 2, 2014, by James Sutton, CPA, Esq.

GOING TO JAIL FOR NOT PAYING FLORIDA SALES TAX?, published November 3, 2013, by James Sutton, CPA, Esq.

FL TAX – VOLUNTARY DISCLOSURE CAN BE THE PERFECT SOLUTION, published October, 5, 2012, by Jerry Donnini, Esq.
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