Controlling costs is always at the forefront of manufacturers'
minds, but the current environment makes it particularly critical. With new
tariffs going into effect and more being proposed by President Trump, imported
goods that are vital to some manufacturers may soon be more expensive.
One way to help offset escalating costs is to avoid overpaying
state sales taxes. This is an especially ripe time for manufacturers to
reconsider their sales tax practices. Ongoing supply chain disruptions have
already prompted some manufacturers to shift to new domestic suppliers that can
expose them to additional sales tax regimes, and more tariffs could result in a
further increase in the use of domestic suppliers.
Here are steps you can take to minimize sales tax overpayments.
Understand all the
relevant exemptions
Manufacturers often can benefit from state sales tax exemptions.
It's important to realize, though, that the available exemptions vary —
sometimes significantly — by state. You need to stay on top of the exemptions
available to you in every state where you and your suppliers operate.
It isn't enough to know that a jurisdiction offers a
manufacturing exemption — you also need to know the specifics. For example,
Illinois and Texas both exclude hand tools from the exemption. But Illinois
explicitly includes graphic arts machinery and equipment within its exemption,
and Texas includes safety apparel and work clothing purchased for employees.
Louisiana allows a phased-in exemption on the "cost price" of tangible property
consumed in the manufacturing process, specifically citing fuses, belts, felts,
wires, conveyor belts, lubricants, motor oils, and repairs and maintenance of
qualifying manufacturing machinery and equipment.
States also can vary on the definitions of similar statutory
phrases, as well as activities that fall within the exemption. For example,
Illinois extends its exemption to "production-related tangible personal
property" used or consumed for research and development. Texas, however,
excludes items used in the research and development of new products.
States may differ on when the manufacturing process begins and
ends, too. In Illinois, the process begins with "the first operation or stage
of production in the series." Louisiana law states that manufacturing "begins
at the point at which raw materials reach the first machine or piece of
equipment involved in changing the form of the material." These types of
variances might make you eligible for larger exemptions in some states than
others.
Don't rely on your vendors
You shouldn't assume your vendors are charging you the proper
amount of sales tax. Often, vendors don't have the time or resources to stay up
to date on legislative developments that change the taxability of the items
they sell.
You might not learn of discrepancies until you go through a
reverse audit that reveals one or more vendors have been overcharging. In the
meantime, you may have accrued a substantial amount of overpayments — money you
could have invested elsewhere.
It's worth noting, too, that vendors' failure to keep up on
sales tax developments also could mean you're underpaying your sales tax. Ultimately,
you're responsible for paying the correct amounts, and underpayment can lead to
hefty penalties.
Take a proactive stance on refunds
If you find that you've made overpayments, you must
affirmatively request a refund. No state department of revenue will reach out
to you on the matter.
The proper way to handle a refund request is yet another area
that varies by state. Some states require the vendor to request the refund,
while others allow vendors to assign their refund rights so the customer can
apply for the refund. Texas requires purchasers without a sales and use tax
permit to first ask the seller for a refund.
Don't drag your feet on seeking refunds or wait until your
overpayment is more significant. Refunds generally are subject to statutes of
limitations. Moreover, a request for a large refund could end up triggering a
state audit of your business.
Stay on the ball
As outlined above, minimizing your sales tax liability can be
complex and time-consuming. We can help you uncover past and ongoing overpayments, as well as explore options to
automate the process and mitigate the risk of costly human error.