Implementing User Based PA Sales Tax on Cloud Computing/Remote Access Software

Transcription

1 Implementing User Based PA Sales Tax on Cloud Computing/Remote Access Software Mark Cox SALT Director, Global Tax Management, Inc. Jim Ford - SALT Director, Global Tax Management, Inc. Wednesday February 25, 2015 Bridgewater, NJ Harrisburg, PA Pittsburgh, PA Radnor, PA Wilmington, DE

2 Background Effective June 2012, PA Letter Ruling clarified PA position on cloud computing Software is taxable based on the user location

3 What is Cloud Computing The National Institute of Standards and Technology (NIST) provides a definition of cloud computing: Cloud computing is a model for ondemand network access to a shared pool of configurable computing resources ( e.g., networks, servers, storage, applications and services.) A cloud infrastructure is the collection of hardware and software that enables cloud computing. The cloud infrastructure can be viewed as containing both a physical layer and an abstraction layer. National Institute of Standards and Technology, Special Publication , at 2 (Sept. 2011) (hereinafter the "NIST Report").

4 What is Cloud Computing The physical layer consists of the hardware resources that are necessary to support the cloud services being provided, and typically includes server, storage and network components. The abstraction layer consists of the software deployed across the physical layer National Institute of Standards and Technology, Special Publication , at 2 (Sept. 2011) (hereinafter the "NIST Report").

5 Types of Cloud Networks SAAS - Software as a Service The customer has access to software running on the cloud infrastructure. Examples:» CRM» SalesForce.com» Cloud-based desktop application suites No software exchanges hands Software provider installs and provides access remotely via application or browser

6 Types of Cloud Networks Private Cloud/Private Network - software hosted on hardware owned and operated by the customer Examples:» ERP s in large organizations» SAP / Oracle / JDE / Peoplesoft, etc» POS Systems Do you need to VPN to access the software? Can I only access it from company locations? Software deployed behind your firewall

7 Types of Cloud Networks Public Cloud - software owned by you hosted on third party computers» Amazon WS» Microsoft» Google Can come with pre-deployed software Can just be infrastructure only users can load anything they can license

8 Categories of Software / PA Taxability Remote Access Software Taxability Based on User Location» Software on Private Network - Accessed Remotely» Software on Public Network - Accessed Remotely» SAAS access via a browser or application Desktop Software - Taxability Based on Computer Location» Software is on the user s computer Other Software Locally Hosted/Locally Accessed» Taxable based on Server Location

9 Implementing User Based Taxability Page 9

10 Practical Hurdles Vendors currently charge tax based on delivery/download location Exempt Use - Burden of Documentation on the Buyer New rules result in new data requirements for Sales Tax Automation (Software Type / User Location / Server Location) Implementation may require Business Change

11 Long Term - Software Purchases Sales Tax Data Requirements Data gathered to make tax determinations (IT Inventory Systems, Reports) Sales Tax Automation System Tax rules are added to system Procurement Policy Updated PO and or Contract - Address Tax Issues (Tax Clause) Processes/Reports to extract user location information IT buy-in to the process Archival of user taxability studies, supporting documentation Exemption Certificates Provided to Seller

12 Interim Process Software Purchases Review Your Fact Pattern -Significant remote access software purchases PA Servers / Delivery Location Significant Number of Users outside PA Non PA Users in Favorable States Estimate of Value/Risk - Potential Savings / Exposure Manual Data Gathering / Location-User Data

13 Create Action Plan Familiarize with IT Infrastructure Focus on High Value Targets Upcoming Renewals Top three to five purchases Educate Stakeholders Address fist vendor Address next two to five Expand to all software over specific dollar limit Maintain summary spreadsheet Implement interim processes

14 Getting Started: First Implementation Goal Reduce PA sales tax paid on invoices Manage Time Investment by Tax Minimize Data Request» Use Templates Fill in the Blanks» Use Known Data Employee Headcount This data may exist but not all in one place You may need to manually combine data sets the first time to get users by states (HR Data cross referenced to System Users)

15 Getting Started: First Implementation Gather Information and Prepare Templates Software Information Request Form Statement of Exemption For Vendor PA Exemption Certificate To Vendor PO/Contract Addendum To Purchasing / Added to PO & Contract

16 Expand Implementation Major Purchases Meet with IT and Purchasing» PO/Contract Addendum» PA Exemption Certificate Purchasing to add Addendum to PO/Contract Issue Exemption Certificate to Vendor Review actual purchase Invoice Confirm tax calculation Accrue - Use Tax as Necessary (PA and Other States)

17 Expand Implementation Major Purchases Obtain or Prepare listing of major purchases/renewal dates Prepare Summary Schedule Meet with IT and Purchasing to Agree on Implementation Plan Perform steps for each purchase

18 Ongoing Process Monitor Software Purchase Activity Implement processes that identify large purchases that are review by the tax department If using a Tax Calculation Engine You may be able to create an allocation formula to implement special tax treatment Categorize your software to make the allocation easy to apply, software Profiles Makes implementation easy and consistent

19 Expand Implementation Major Purchases Start 2 Months Prior to Renewal» Obtain prior year invoice and PO/Contract» Complete Software Information Request Form» Determine user locations by state (Headcount)

20 Conclusion PA based companies making a large amount of their IT spend locally for this type of software may see significant decrease to sales tax paid on software. Enterprise software represents s large portion of IT spend. Trend is moving more towards remote access software. Questions? Comments