Use Tax Information Reporting Work Group
The purpose of this project was to adopt a model, based on Colorado’s sales and use tax notice and reporting statute. Under the proposal, sellers of a product that is delivered into a state who do not collect and remit sales or use tax for that state are required to:
(1) notify purchasers at the time of transaction that tax is not being collected and may be due directly to the department,
(2) provide purchasers an annual report showing their purchases, and
(3) provide the department of revenue an annual report showing total dollar amount of each purchaser’s purchases.
Because Colorado’s law was subject to litigation almost immediately after it was enacted, the work on this project has been suspended pending the outcome of that litigation. As the litigation has now been resolved, the Uniformity Committee has directed the workgroup to resume work on the project.
PUBLIC NOTICE & AGENDA
Multistate Tax Commission
Use Tax Information Reporting Work Group
At its meeting on July 26, 2018, the Executive Committee decided to refer the proposed model back to the Uniformity Committee in anticipation that there would be changes from the hearing as well as additional changes in response to the U.S. Supreme Court’s decision in the Wayfair case.
Public Hearing, June 14, 2018
- Hearing Officer Report on Model Sales and Use Tax Notice and Reporting Statute
- Written Comments submitted by AICPA 6/13/2018
- MTC Staff Report to Hearing Officer on Use Tax Notice and Information Reporting, 6/13/18
- Written Comments submitted by Jamie Yesnowitz 6/19/18
- Comments from Utah State Tax Commission
Background & Reference Information
Agendas from previous meetings, materials, and other project related information can be found below:
- Jurisdictions with Notice and Reporting Requirements (Bloomberg infographic)
- Hearing Officer Report on Model Sales and Use Tax Notice and Reporting Statute
- Draft Model Sales and Use Tax Notice and Reporting Act – CLEAN, January 31, 2018
- Draft Model Sales and Use Tax Notice and Reporting Act – REDLINED, January 31, 2018
- Draft Model Sales and Use Tax Notice and Reporting Act, January 22, 2018
- Draft Model Sales and Use Tax Notice and Reporting Act – Clean, January 17, 2018
- Draft Model Sales and Use Tax Notice and Reporting Act – Redlined, January 17, 2018
- Agenda, January 10, 2018
- Cancellation Notice, January 3, 2018
- Agenda, December 6, 13, 20, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, December 13, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, December 6, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, November 30, 2017
- Further Comments on Model Use Tax Reporting Statute – Utah, November 15, 2017
- Model Use Tax Reporting Statute presented at Uniformity Committee meeting, November 16, 2017
- Proposed draft Use Tax Information Reporting Model – REDLINED presented at Uniformity Committee meeting, November 16, 2017
- Proposed draft Use Tax Information Reporting Model – CLEAN presented at Uniformity Committee meeting, November 16, 2017
- Work Group Report: Use Tax Information Reporting Model Project presented at Uniformity Committee meeting, November 16, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, October 30, 2017
- Pat Calore’s comments, October 30, 2017
- Comments on MTC Model Use Tax Reporting Statute
- Draft Model Sales and Use Tax Notice and Reporting Act, October 25, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, October 11, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, (formatted for review) September 26, 2017
- Agenda, August and September 2017
- Issue List
- Draft Model Sales and Use Tax Notice and Reporting Act, September 19, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, September 6, 2017
- Issue List, September 6, 2017
- Draft Model Sales and Use Tax Notice and Reporting Act, September 6, 2017
- Pat Calore’s comments, September 6, 2017
- Colorado Notice and Reporting Requirements
- Discussion of Issue List, June 21, 2017
- Notice of Cancellation of Teleconferences, July 12 and 19, 2017
- Agenda, May and June 2017
- Issue List, June 14, 2017
- Issue List, June 7, 2017
- Status report from Colorado
- Issue List, May 31, 2017
- Issue List, May 10, 2017
- Agenda, May 10, 2017
- Issue List, April 19, 2017
- Agenda, April 19, 2017
- Decisions from DMA v. Brohl
- Decision of 10th Circuit, Feb 22, 2016
- Decision of U.S. Supreme Court, March 3, 3015
- Decision of 10th Circuit, Aug. 20, 2013
- Decision of U.S. District Court for the District of Colorado, March 30, 2012
- Colorado statutory requirements for non-collecting retailers, C.R.S.A. § 39-21-112
- Colorado regulations re: notice and reporting, 1 CCR 201-1:39-21-112.3.5
- Status Report on Model Sales and Use Tax Notice and Reporting Statute, July 21, 2014
- Hearing Officer Report, May 31, 2011