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Multistate Tax  |  September 29, 2023
State Tax Matters
State Tax Matters
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Sales/Use/Indirect:
Texas Policy Letter Addresses Taxability of Electronic Games and Downloadable Content, Virtual Currencies

Accession No. 202309029L, Tex. Comptroller of Public Accounts (9/25/23). The Texas Comptroller of Public Accounts (Comptroller) explains that existing state statutes, rules, and policy decisions provide that electronic games and associated content – including related virtual currencies – are subject to Texas sales and use tax as an amusement service regardless of whether access is purchased directly through a game’s website or a redeemable card. According to the Comptroller, membership fees, subscription fees, or similar charges, “by whatever name called,” for access to an electronic game or associated content are charges for membership or access to special privileges – and all are taxable as amusement services under Texas law. Please contact us with any questions.

 

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Chris Blackwell (Austin)

Senior Manager

Deloitte Tax LLP

Robin Robinson (Austin)

Senior Manager

Deloitte Tax LLP



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In this issue

Colorado: Individuals Claiming Federal Foreign Tax Credit Cannot Claim Foreign Source Income Exclusion Iowa DOR and Governor Announce that Top Corporate Income Tax Rate Will Drop to 7.1% for TY 2024 Michigan: Newsletter Addresses Recent Case Involving Gain, Single Sales Factor, and Alternative Apportionment New Jersey: Updated Bulletin Reflects CBT Law Changes Involving Net Deferred Tax Liability Deduction & Combined Returns New Jersey Division of Taxation Explains New Refundable Credit Related to Adoption of “Convenience of the Employer” Rule North Carolina: Budget Bill Includes Provisions Modifying Calculation of Corporate Franchise Tax Washington DOR Proposes New Rule on Calculating Capital Gains Tax with Hearing on October 27


Colorado DOR Proposes Rules on Refund Claims and Potential Penalties on Incomplete Claims Tennessee: Letter Ruling Says SMLLCs are Classified for Exemption Purposes the Same as Federal Tax Purposes Texas Policy Letter Addresses Taxability of Electronic Games and Downloadable Content, Virtual Currencies


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