Researching Shipping Tax Laws in Mass: Is it Legal?

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Discussion Overview

The thread discusses the legality of taxing shipping in Massachusetts, with participants sharing their experiences and insights regarding tax laws and practices among direct sales companies.

Discussion Character

  • Exploratory, Opinion-based, Anecdotal

Main Points Raised

  • One participant inquires about the legality of taxing shipping in Massachusetts, noting that many consultants do not tax shipping.
  • Another participant references a tax rate guide indicating that shipping and handling charges are taxable in most states, but lists exceptions.
  • One participant questions whether tax practices vary by direct sales company.
  • Another participant suggests checking the IRS website for information on direct sales tax.
  • One participant believes that the state determines tax rules and suggests looking at the state's website for more information.
  • Another participant expresses confusion over the wording of the Massachusetts website but is seeking clarity to help a fellow consultant.
  • One participant shares a link to an article that states there is no sales tax on separately stated shipping charges in Massachusetts.
  • Another participant mentions that while there is no tax on shipping, some companies may charge tax on handling instead.

Areas of Agreement / Disagreement

Views differ on the specifics of shipping tax legality, with some participants affirming that there is no tax on shipping in Massachusetts, while others highlight variability in practices among different companies.

Contextual Notes

Participants are primarily consultants discussing their personal experiences and findings related to shipping tax laws in Massachusetts.

Who May Find This Useful

Consultants seeking clarification on shipping tax laws and practices within the direct sales industry may find this discussion relevant.

melaniepc
Messages
311
does anyone know where I can find an article on if its legal to tax shipping in mass? I know alot of consultants for different companies and none of them tax shipping here, it must be a law right? well there is one consultant for a company that is sort new and she INSISTS they tax shipping and we are all wrong. is there a way to check that?
 
This is on CC under Tax Rate Guide on the main screen (along the right hand side)


NOTE: Remember that there is no sales tax for the following states: Delaware, Montana, New Hampshire and Oregon, and, as such, will not be in the drop-down menu. Shipping and handling charges are taxable in all states except AK, DE, DC, IA, ID, IL, MA, MT, NH, OH, OK, OR, UT and WY.
 
  • Thread starter
  • #3
yes but is there a general rule or is every direct sales company different on the tax thing?
 
Check out the IRS website irs.gov and search for direct sales company or ds tax, etc. and you may find something.
 
Maybe someone else knows for sure, but I thought it was the STATE that determined that.
 
Sales tax is determined by the state. Your state's website should have more information, although it may be a bear to find.
 
  • Thread starter
  • #7
thanks everyone, I kinda found something on mass website but the way they word it is so confusing. I just wanted to find something to show her. Although, I guess its not really my issue.. I just feel bad that she isnt doing it correctly for her customers. She said when she enters her orders on her screen it always comes out correct with the amount she charged .. so I dont know whats up. I will keep looking. thanks everyone
 
I did a Google search. This article isn't an exact answer to your specific question, but it addresses the same issue.

http://www1.whdh.com/features/articles/hank/BO50419/

A quote from the article:

Commissioner Alan LeBovidge, Massachusetts Department of Revenue
"The bottom line rule is there's no sales tax on separately stated shipping charges in Massachusetts."
 
  • Thread starter
  • #9
alright, that article is helpful. All the other ones I found use too many technical terms. Thank you
 
There is no tax on shipping in Mass. However, some companies get away with it by charging tax on the handling instead.
 

Frequently Asked Questions

1. What are the shipping tax laws in Massachusetts?

In Massachusetts, shipping charges are generally taxable if the item being shipped is taxable. If the item is exempt from sales tax, then the shipping charges are also exempt. It's important to note that if the shipping charge is separately stated on the invoice, it may not be subject to tax.

2. Is it legal to charge sales tax on shipping in Massachusetts?

Yes, it is legal to charge sales tax on shipping in Massachusetts if the items being shipped are taxable. However, if the shipping charge is separately stated and the items are exempt from sales tax, then the shipping charge itself is not taxable.

3. How do I determine if my product is taxable in Massachusetts?

To determine if your product is taxable in Massachusetts, you can refer to the Massachusetts Department of Revenue's guidelines. Generally, tangible personal property is taxable unless specifically exempted. Common exemptions include food items, certain clothing, and prescription medications.

4. Are there any exceptions to shipping tax laws in Massachusetts?

Yes, there are exceptions. If the shipping charge is separately stated and the items being shipped are exempt from sales tax, then the shipping charge is also exempt. Additionally, if the shipping is included in the price of the item and not separately stated, it may be subject to tax.

5. What should I do if I am unsure about my shipping tax obligations?

If you are unsure about your shipping tax obligations, it is advisable to consult with a tax professional or contact the Massachusetts Department of Revenue for guidance. They can provide specific information based on your business model and the products you sell.

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