Oops: Do You Owe Sales Tax and Not Realize You Do?

One of the side effects of our last economic slowdown was in state government budgets; states searched hard for new income, and many of them found a great source by cracking down on sales tax collections.  Their new hot buzzword:  nexus. 

Nexus means a connection that a business has with a state, and it has to do with a form of presence.  In the sales tax world, you owe sales tax to a state if you have nexus in that state and you are selling taxable items.  The scary part for small businesses is what makes up nexus. 

A Small World

Globalization and technology together have produced dramatic shifts in the way businesses can look today.  Not only can we access a pool of local talent to staff and grow our businesses, we can employ almost anyone around the world to work for us. Hiring employees or contractors located in other states can stretch our nexus to include that state. 

As an example, if your company is located in Illinois and you hire an employee that works from her home in Nevada, you might have nexus in Nevada and Illinois, and you might owe sales tax in both places.  Sales tax nexus is not the same as state income tax nexus, but the presence of a worker in another state is a possible trigger for sales tax nexus. 

Taxable in One State, Not in Another

The taxability of services has grown rapidly as states look to balance their budgets after Federal cuts and other shortfalls.  Not all services are taxed equally across states.  Web design services are taxable in Texas, but not California, as one example. 

Some states have smaller jurisdictions such as counties and municipalities, making for a total of 10,000 jurisdictions in the U.S., not just 50.  Alabama, Colorado and Arizona, for example, have statewide rules as well as taxability rules for localities within the states. 

Innocuous Survey Can Trigger Audit

You might receive a form that looks like a survey and asks innocent-looking questions such as how many employees do you have and what state do they work in.  The surveys don’t look like they are from a state government but they might be.  It’s their way of getting you to admit nexus.    Please do not let a worker fill these out; it could expose you to a huge liability. 

Minimizing Sales Tax Audit Risk

Because of the high dollar impact on the profitability of your business, it’s best to get a sales tax professional involved in helping you determine the taxability of your items as well as interpreting nexus.  Many states are hiring auditors and aggressively pursuing businesses, so due diligence in this area is prudent. 

If we can help in any way, please reach out and let us know.

Seven Profit-Boosting Entrepreneurial Habits

As an entrepreneur, you are responsible for shaping your business success.  Any habits that sabotage your success in your personal life can often carry over to your business.  Becoming aware of these is the first step to success. 

Here are seven success-boosting habits to double-check against your own.     

1.     Being able to say “No.” 

Do you say “yes” to too many things that don’t serve your life purpose, help your family, or move your business forward?  If so, you’re not alone.  Saying “yes” in a weak moment when you feel like you can do it all can be a downfall for many entrepreneurs.  It can also distract you from success if you are not working on the right things for you.  

You may need to re-evaluate the value of your time and your priorities.  Practice making smart decisions by having a structure and a higher purpose that helps you decide what you should and shouldn’t do with your time, money, and life.   And if you tend to be one of those who says “yes” to everything, you may need to practice saying “no” in front of the mirror to break your habit.

2.     Hiring fast and early.       

The best time to hire is just before you need your new team member.  It can be easy to put off hiring if you fill with dread when you think about large stacks of resumes and endless phone calls.  Not hiring soon enough can cost your business in reduced service and sales.  The smartest entrepreneurs stay ahead of the game in this area. 

3.     Strategizing proactively.

How much time do you spend in reactive mode versus proactive mode in your business?  Reactive mode includes answering emails, fighting fires, serving clients, and managing employees.  Proactive mode includes developing new products and services, creating and implementing your revenue plan, and training employees. 

Sometimes we have to really push ourselves to look beyond the daily fires.  One way to do that is to plan time every day for proactive activities and be ruthless about keeping that time slot on the calendar. 

4.     Setting tight scope and polite boundaries with customers.

Successful entrepreneurs set clear boundaries when it comes to delivering their products and services to customers.  Especially in service companies, it’s not always clear to the client what’s included in a fixed fee contract unless it’s clearly spelled out. 

If you are asked to do something that’s not included in the contract, you now have a choice.  Do you give it away for free, or do you have a change order process where you can easily provide an estimate for that extra work? 

5.     Measuring results.   

Only what can be measured can be improved, and smart entrepreneurs know this.  Track -- in real time, not a year later -- what’s important to you.  New customers, new leads, closed sales, revenue per day, sales per day, monthly net income, certain costs, profit margins, profit per customer, profit per job, and profit per location are just a few of the many metrics you can choose to track for your business.  

Once you measure it, you can now set goals to improve it. 

6.     Curbing irrational spending.   

Invest in things that will last, such as your own education, great systems, team training, and assets that you really need.  Avoid spending on items that are used up quickly, such as elaborate entertainment expenses that don’t generate significant revenue, excessive utilities, and stopgap equipment. 

This area can be a tough one to evaluate objectively because there can be emotion and attachment involved in the spending.  Let us know if you need help in this area; we can help you look at your spending with fresh eyes and provide a new perspective. 

7.     Maintaining focus.

Great entrepreneurs have clear focus.  If you have too many projects going on at once, you end up delaying all of your project completion dates, and nothing gets finished.   Ask yourself, what’s the most important thing I can do today?  And work on that until it’s done.  Then ask yourself the same question again, and wash, rinse, repeat your way to success. 

Seven Habits

Which of the seven habits are you best at?   Celebrate your natural gifts while keeping an eye on the habits you need to work on.  That will move you to the success you deserve.