Guidance for Your Sales Tax Compliance Issues with the NYDTF
At Sales Tax Helper, LLC, we know that sales tax compliance is about finding ways to keep money in your business’s pocket. On top of cost savings, meeting your sales tax obligations is essential for avoiding criminal investigation and prosecution. Businesses come to us for sales tax help when it comes to achieving both of those goals.
Consultations with our professionals, are an opportunity to optimize your sales tax strategies and get clarity on the unknown when it comes to New York sales and use tax or unwanted dealings with the New York Department of Tax and Finance (NYDTF). Examples of how our consulting services could provide immediate impact to your business include:
- Cleaning up past liabilities and saving on penalties and interest by utilizing voluntary disclosure programs
- Input on the taxability of the business’s transactions (both sales and purchases)
- Guidance on the availability of a New York sales tax exemption for your operations
- Review of record keeping practices to prepare for an NYDTF sales tax audit
- Help with completing and analyzing your New York sales tax exemption certificates
- Economic nexus analysis to see if your business should be reporting and paying New York Sales tax
- Guidance for out-of-state businesses on participation in New York’s voluntary disclosure program
- Guidance for New York based businesses selling Into other states and online sales
- Review of your sales and tax returns for sales tax credit or refund opportunities
Whether you’ve been doing business in New York for decades or are an online retailer with sudden economic nexus, our team of professionals are here to help. Learn more about the many ways our services can give business owners peace of mind about their sales tax situation and when it may be a good time to reach out for a meeting.
When Is It Time for Professional Consultation on New York Sales Tax?
Too often, the involvement of a sales tax professional is reactionary, a measure only taken after contact from the NYDTF–usually about completing an economic nexus questionnaire, being the subject of a future audit, or the recipient of a surprise assessment.
While Sales Tax Helper, LLC is here for your audit defense and appeal needs, we always encourage businesses to be proactive in their sales tax compliance. If any of the following situations apply to your business, it could be time for a professional consultation about your potential New York sales tax obligations:
- You are an online retailer or businesses located outside of New York with potential economic nexus.
- You are a New York business with multi-state operations wondering about ways to reduce New York sales tax.
- You are a drop-shipping business that delivers items into and out of New York.
- You have recent business purchases and have questions about New York use tax.
- You are buying or selling a New York business.
- Your business has new partnerships or offerings (i.e., new products or services) creating uncertainty about application of New York sales tax.
- You partner with drop-shipping companies, marketplace facilitators, and other third parties, creating confusion about sales tax obligations.
- Your Company has concerns about New York sales tax liability because you haven’t filed a sales tax return nor paid any sales tax.
- Your Business provides a combination of taxable goods and non-taxable services (e.g., real property contractors).
Assistance with New York’s Voluntary Disclosure Program
Businesses that have not been filing New York sales tax returns and have not been paying owed sales tax as needed should be in ongoing fear of notice from the NYDTF. The consequences of not meeting your sales tax obligations could include:
- Accrual of interest and penalty on your sales tax assessment
- Personal liability for sales tax debts
- Criminal penalty
A silver lining for businesses in this position is New York’s Voluntary Disclosure Program. Participation, through the signing of a voluntary disclosure agreement, creates a win-win situation for you and the NYDTF. The state receives otherwise uncollected sales tax while you generally benefit from:
- Limitations on how far back the NYDTF could assess you (New York’s lookback period is 3 years. See TSB-M-08(6)I.)
- No assessment of penalties
- No criminal prosecution related to the unpaid taxes
Businesses must meet the eligibility criteria to participate, which includes not having any prior contact from the NYDTF and not currently being under investigation. Our office helps businesses weigh the benefits of voluntary disclosure and assist with the process to ensure protection of your rights under the program.
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