Susie King Taylor2 360x1000
499
11632
Office of Chief Counsel 360x1000
10abion
Lafayette and Jefferson 360x1000
2albion
storyparadox3
2gucci
James Gould Cozzens 360x1000
Samuel Johnson 360x1000
Thomas Piketty1 360x1000
13albion
Margaret Fuller5 360x1000
George M Cohan and Lerarned Hand 360x1000
LillianFaderman
Thomas Piketty3 360x1000
1madoff
299
1falsewitness
storyparadox2
6confidencegames
1transcendentalist
11albion
2defense
1jesusandjohnwayne
Richard Posner 360x1000
Mark V Holmes 360x1000
Stormy Daniels 360x1000
Margaret Fuller 2 360x1000
1lafayette
Margaret Fuller2 360x1000
2jesusandjohnwayne
2theleastofus
Maurice B Foley 360x1000
AlexRosenberg
lifeinmiddlemarch2
Tad Friend 360x1000
Margaret Fuller 360x1000
Thomas Piketty2 360x1000
Anthony McCann2 360x1000
14albion
7confidencegames
2falsewitness
Anthony McCann1 360x1000
Storyparadox1
4albion
2lafayette
3confidencegames
George F Wil...360x1000
1lookingforthegoodwar
3paradise
3albion
1defense
1confidencegames
Adam Gopnik 360x1000
2confidencegames
Edmund Burke 360x1000
Margaret Fuller1 360x1000
2paradise
4confidencegames
199
5confidencegames
Maria Popova 360x1000
2transadentilist
1albion
2lookingforthegoodwar
5albion
Susie King Taylor 360x1000
1paradide
9albion
399
1trap
12albion
Margaret Fuller3 360x1000
Spottswood William Robinson 360x1000
Learned Hand 360x1000
Brendan Beehan 360x1000
3defense
3theleastofus
Betty Friedan 360x1000
Gilgamesh 360x1000
Margaret Fuller4 360x1000
1gucci
Mary Ann Evans 360x1000
7albion
1theleasofus
2trap
Ruth Bader Ginsburg 360x1000
1lauber
lifeinmiddlemarch1
6albion
1empireofpain
8albion'

Originally published on Forbes.com May 2nd, 2013

Ohio businesses had a chance to avoid large penalties and interest for unpaid use tax.  The window of opportunity closed yesterday as the zeroes on this   count down clock  show. In the controversy over whether on-line retailers should be charging sales tax, people often (almost always) forget about use tax.  If you avoid sales tax by ordering items on-line, you are liable for use tax.  This is one of those areas where compliance is less than perfect.  Many states have taken to putting a gentle reminder about use tax on their individual returns (Line 17 on Ohio’s IT 1040).  When Massachusetts started the practice it led to some heated debates in our office.  I was extremely skeptical about the number of people who seemed to never buy anything on-line, order anything through the mail or bring tchotchkes back from lower sales tax states or abroad.  Apparently there are lots of them according to some of my former partners.

Starting a use tax crusade against individuals would probably be challenging for a state, but businesses are another matter.  A corporation’s income tax returns will give rather obvious clues as to what the corporation purchased that might be subject to sales tax.  Just for example, all your furniture and computers are probably subject to sales tax.  The general ledger will not show the sales tax. Any sales tax paid will be included in the cost of the item that went into fixed assets.

So let’s see those invoices.  My oh my.  All the furniture and computers in your Cincinnati office came from Kentucky.  Of course you must have paid Kentucky sales tax, which at 6% is only half a percent less than the rate for Hamilton County so that’s not going to hurt too much, but I’m not seeing any sales tax on these invoices.  Well what do you know !  All that stuff was shipped by common carrier by a vendor without Ohio nexus, so no sales tax was paid on any of it.  You owe use tax at 6.5% on all of it, for the last ten years, plus interest, plus penalties.

The Ohio use tax has only been on the books since 1936.  It takes a while for the word to get out.  So when the state decided to get serious about collecting use tax from the over 300,000 businesses that look like they should be paying it, they started with an amnesty program, which ended yesterday – May 1, 2013.  Chea Romine CPA of Romine CPAs and Associates (offices in Reynoldsburg, Worthington and Logan) has been educating his clients about the amnesty program since it began.  His firm is responsible for about a hundred of the businesses that have come in from the cold, paid use tax back to 2009 and promised to go and sin no more.  He told me that in total about 12,000 of the over 300,000 businesses have come forward.

Chea believes that the amnesty was very poorly advertised by the state.  In his view, many of the businesses that took advantage of it were helped by national or large regional firms.  The program did not penetrate deep enough.  Now he is expecting 93 new auditors that the state has hired to be coming at companies with a vengeance.  He expects that they will be looking back 10 years, which will be a serious hardship on businesses that don’t keep invoices that long.  No easy payment plan as under the amnesty program.  He is worried that people may be forced out of business by these audits.

Chea and I discussed two hypothetical examples of businesses likely to be caught up in the use tax net.  One is a Cincinnati company that has been aggressively avoiding sales tax by having everything including the kitchen sink shipped by common carrier from across the river.  The other is more innocent.   A dental practice has a resale certificate because it is selling special toothpaste and the like.  No problem there as they will be charging and remitting sales tax on what they sell the patients.  What about the items that they give to their patients ?  On those there should have been use tax paid.  Was it ?  93 inquiring minds drawing paychecks from the Ohio Department of Taxation will want to know.

Even if you missed out on amnesty, you still might be able to get some sort of cap on your use tax exposure through the Voluntary Disclosure Program.  That is definitely something that you want to use a professional for.  That way your anonymity is protected while a deal is being negotiated.  I’m sorry I didn’t write about this sooner, but I have a lot of things that I am keeping track of.

You can follow me on twitter @peterreillycpa.