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Multistate Tax  |  January 7, 2022
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Sales/Use/Indirect:
Virginia: True Object of Remotely Accessible Security Systems is a Nontaxable Service

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Public Document No. 21-139, Va. Dept. of Tax. (11/9/21). In a ruling involving a company providing security system equipment to its customers, including software applications and its web portal and network that allows customers to customize their remote user experience with the system, the Virginia Department of Taxation (Department) held that the true object for the company’s customers under the provided facts is the ability to remotely control and automate their premises (and in the case of video, obtain information in the form of video data) and thus the company is providing nontaxable services in these transactions. Under the facts, the provided system allows customers to perform off-site video monitoring of their own premises and to control or automate certain functions remotely, such as enabling the security system, locking doors, adjusting temperature controls, controlling appliances and turning on lights; additionally, the company offers several video functions with the system, including the ability to record video, store short video clips locally using a provided software mobile application, store video in the company’s cloud storage, view live or event-driven video on the mobile application or the company’s website, and receive text or email alerts from the system for certain triggering events. The customers are only able to perform such activities by using the system’s hardware, software and network together, and pay a periodic bundled charge for the equipment and all associated services. Please contact us with any questions.

 

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Joe Carr (McLean)

Managing Director

Deloitte Tax LLP

Ryan Trent (Charlotte)

Senior Manager

Deloitte Tax LLP



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In this issue

Administrative
Oregon DOR Launches its Newly Established Office of the Taxpayer Advocate

Income/Franchise
Alabama DOR Adopts Rules on Pass-through Entity-Level Tax and Financial Institution Excise Tax

Alabama: Adopted Rule Changes Reflect Move from Double-Weighted to Single Sales Factor

California FTB Adopts New and Revised Regulations on Assignment of Corporate Income Tax Credits

Colorado DOR Discusses Law Changes Involving Listed Tax Havens and Combined Return Inclusion

Colorado DOR Adopts Special Industry Apportionment Rule Addressing Hedging Transactions

Hawaii Department of Taxation Explains New REIT Reporting Obligation, Penalties and January 15 Deadline

Idaho State Tax Commission Addresses New Passthrough Entity-Level Tax Election

Massachusetts DOR Posts Working Draft Release on New Entity-Level Taxation for Some Pass-through Entities

Michigan Department of Treasury Explains New Passthrough Entity Tax Election

Oregon DOR Adopts Various CAT Rule Changes

Oregon DOR Adopts New Rule Defining Terms for and Application of Sourcing Broadcasting Sales

Pennsylvania Supreme Court Rules on Remedy Stemming from NOL Statutory Cap Invalidation Decision

South Carolina DOR Extends COVID-19 Pandemic-Related Telecommuting Relief through to March 31

Wisconsin: Receipts from Company’s Sale of Credits Deemed Characterized as Apportionable Income

Sales/Use/Indirect
Colorado DOR Explains Transition to Destination Sourcing and Mandated Compliance for All

Michigan Administrative Guidance Explains Remote Seller and Marketplace Facilitator Economic Nexus

New York ALJ Says Online Loan Marketplace’s Services are Not Taxable Information Services

Texas: Adopted Rule Changes Define “Bad Debt Credit” Terms and Reflect Underlying Policy

Texas: Taxpayer Deemed a Qualified “Manufacturer” Eligible for Electricity Purchase Exemption

Virginia: True Object of Remotely Accessible Security Systems is a Nontaxable Service

Washington DOR Explains Order Invalidating Portions of B&O Tax Sourcing Rule and Refund Impact

Other/Miscellaneous
Maryland Comptroller Adopts Rules for New Digital Advertising Tax

Oregon Supreme Court Affirms E911 Tax Imposition Does Not Violate Due Process or Commerce Clauses

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