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Gross Receipts Taxes: General Principles (Portfolio 1610)

Product Code: TPOR44
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Gross Receipts Taxes: General Principles addresses all state and local taxes—other than severance, real estate transfer, and sales and use taxes—imposed on or measured by gross receipts. Many gross receipts taxes are imposed broadly on “the privilege of engaging in business.” They are often as broad as the federal or state constitutions permit. Others are imposed narrowly, i.e., on specific lines of business. Written by the late John T. Piper, Esq., this Portfolio addresses both types. The Portfolio also contrasts gross receipts taxes with net income taxes and sales and use taxes and provides an overview of key elements and integration with other state taxes.  

In addition, the Portfolio discusses the constitutional restraints on gross receipts taxes, the scope of gross receipts taxes, the rates of tax, classifications of taxable activities, and the taxation of multiple activities. 

This Portfolio also discusses tax preferences, including exclusions, exemptions, and deductions.  

Gross Receipts Taxes: General Principles includes a list, compiled by the State of Washington (with the assistance of the law firm of Bogle & Gates) of many jurisdictions known to impose gross receipts taxes on businesses that produce or sell tangible products. The listed taxes are eligible for a multiple activities tax credit (“MATC”) against Washington's gross receipts tax. 

Gross Receipts Taxes: General Principles allows you to benefit from: 

  • Hundreds of hours of original research on specific tax planning topics from leading practitioners in this area.
  • Invaluable practice documents including tables, charts and lists.
  • Plain-English guidance from world-class experts.
  • Real-world and in-depth analysis that lets you explore various options.
  • Time-saving access to relevant sections of tax laws, regulations, court cases, IRS documents and more.
  • Alternative approaches to both common and unique tax scenarios.

This Portfolio is part of the Premier State Tax Library, a comprehensive series, which covers major state tax transactions and issues with expert, in-depth analysis, and offers commentary on a wide range of multi-state and state-specific taxation topics, including Sales and Use, Corporate Income, Individual Income, Property, Gross Receipts, Limitations on States' Authorities to Tax, Credits and Incentives, Electronic Commerce, Mergers and Acquisitions, Procedure and Administration, Special Industries, and more.

 

Detailed Analysis

1610.01. INTRODUCTION

1610.02. GROSS RECEIPTS TAXES CONTRASTED WITH NET INCOME TAXES AND SALES TAXES

A. Net Income Taxes Contrasted

B. Retail Sales Taxes Contrasted

1610.03. GROSS RECEIPTS TAXES: AN OVERVIEW OF KEY ELEMENTS AND INTEGRATION WITH OTHER STATE TAXES

A. Key Elements of Gross Receipts Taxes

1. Persons Subject to Gross Receipts Taxes

2. Activities Subject to Gross Receipts Taxes

3. Measures of Gross Receipts Taxes

4. Rates

B. Gross Receipts Taxes Within the General Framework of State and Local Taxes

1. Other Taxes

2. Relation of Gross Receipts Taxes to License Fees

1610.04. CONSTITUTIONAL RESTRAINTS ON GROSS RECEIPTS TAXES

Introductory Material

A. Commerce Clause Restraints: The Four Tests of Complete Auto Transit

1. Substantial Nexus

a. State of Origin

b. Extracting and Manufacturing in the State of Origin With Sales Outside the State

c. State of Destination

d. Power of State of Destination to Impose a Gross Receipts Tax

e. Independent Representatives

f. Traveling Representatives

g. Installation of Products

h. Leasing

i. Dissociation of Lines of Commerce with Nexus from Those Without

2. Fair Apportionment of Gross Receipts Taxes

3. No Discrimination Against Interstate Commerce

4. Fairly Related

B. Imports-Sales from Foreign Countries

C. Exports-Sales to Foreign Countries

1. Starting the Export Process

2. Certainty of Export

D. Transportation and Other Services in Interstate or Foreign Commerce

1. Interstate Commerce

2. Foreign Commerce

E. Equal Protection

F. The Supremacy Clause

1. Tax Immunity

2. Federal Preemption-Taxing Subjects Forbidden by Congress

1610.05. SCOPE OF GROSS RECEIPTS TAXES

A. Persons or Entities Subject to Tax

B. Transactions Subject to Tax

1. Profit motive

2. Subactivities

3. Byproducts

C. Measure of the Tax

1. Value

2. Exceptions: Deductions Allowed

a. Cash Discounts

b. Returned Goods

c. Bad Debts

d. Specified Taxes

e. Trade–in Allowances

f. Advances and Reimbursements

g. Miscellaneous Deductions

1610.06. RATES OF TAX

1610.07. CLASSIFICATIONS OF TAXABLE ACTIVITIES

Introductory Material

A. Extractors and Producers

1. Taxable Incident

2. Measure

3. Rates Applied to Extracting

B. Manufacturers

1. Taxable Incident

2. Measure

3. Rates Applied to Manufacturing

C. Manufacturers and Processors for Hire

1. Taxable Incident

2. Measure

3. Rates Applied to Manufacturers/Processors for Hire

D. Contractors

1. Taxable Incident

2. Measure

3. Rates Applied to Contracting

E. Wholesalers and Distributors

1. Taxable Incident

2. Measure

3. Rates Applied to Wholesaling

F. Retailers

1. Taxable Incident

2. Measure

3. Rates Applied to Retailing

G. Service Providers

1. Taxable Incident

2. Apportionment

3. Measure

4. Rates Applied to Services

H. "Catch-All" Classification

1. Incident

2. Measure

3. Rates Applied to Other, "Catch-all" Classifications

I. Other Classifications

1610.08. TAXATION OF MULTIPLE ACTIVITIES

1610.09. TAX PREFERENCE EXCLUSIONS, EXEMPTIONS, AND DEDUCTIONS FROM TAX

Introductory Material

A. Already-Taxed Exclusions

B. Investments and Business Formations and Reorganizations

C. Transactions Between Related Entities

D. Special-Interest Preferences

E. Exemptions Based on Constitutional Restraints: Sales to Governments and Sales in Interstate Commerce

1. Sales of Goods or Services to Governments

2. Activities Involved in Interstate or Foreign Commerce

F. Quantitative Preferences

G. Charitable Preferences

1. IRC § 501(c) Organizations

2. Blind, Deaf, and Disabled Persons

3. Credit Unions

4. Food Coupons

5. Hospitals

6. Pension Trusts and Employee Benefit Plans

7. Schools and Youth Organizations

8. Artistic and Cultural Organizations

1610.10. ANALYSIS OF SPECIFIC STATES AND LOCAL JURISDICTIONS

A. In General

B. Specific States and Local Jurisdictions

1. Arizona

2. California

a. Anaheim

b. Los Angeles

c. Oakland

d. Sacramento

3. Delaware

4. Hawaii

5. Indiana (Repealed)

6. Missouri

a. St. Louis

7. New Mexico

8. Ohio

a. Registration and Tax Rate

b. Entities or Receipts Not Subject to CAT

c. Gross Receipts Subject to CAT

d. Gross Receipts Not Subject to CAT

e. Deductions

f. Situsing Provisions

g. Tax Avoidance Transactions

h. Nexus

i. Combined and Consolidated Filers

9. Pennsylvania

a. Philadelphia

b. Pittsburgh

Working Papers

Item Description Sheet

Worksheet 1 List of Taxes Eligible for a Multiple Activities Tax Credit Against Washington's Gross Receipts Tax

Worksheet 2 The New Breed of Gross Receipts Taxes and Their Implications For Economic Policy, Constitutional Concerns, Financial Reporting

Bibliography

Bibliography

John T. Piper
When this portfolio was written, Mr. Piper was a partner in the Seattle, Washington, law firm of Bogle & Gates where his practice focused on tax litigation. He has argued tax cases before the United States Supreme Court, the Washington Supreme Court, the Eighth and Ninth Circuit Courts of Appeal, the United States Court of Federal Claims, and the United States Tax Court. Mr. Piper has been active on bar committees providing liaison with the Internal Revenue Service and the Washington Department of Revenue. He is a Fellow of the American College of Tax Counsel and a member of the Advisory Councils of the NYU State and Local Tax Institute and the National Institute of State and Local Taxation. Mr. Piper is a former member of the Advisory Committee of the Department of Justice, Tax Division, and is Past Chair of the ABA Tax Section, State, & Local Taxes Committee. He is Vice Chair, ABA Tax Section Court Procedure Committee; ABA Tax Section Liaison with the Multistate Tax Commission; and Chair, State Bar Liaison with the Washington Department of Revenue (includes handling joint tax programs with the Washington Department of Revenue). Before joining Bogle & Gates, Mr. Piper was tax counsel for Weyerhauser and tax trial attorney with the Department of Justice. He received his LL.M. in Taxation from New York University in 1960. 
Catherine Pree
Catherine Pree, J.D. (cum laude) in 1985 from the University of Puget Sound, LL.M. in Taxation from New York University, 1987. Ms. Pree's practice primarily focused on Washington State excise tax matters. Ms. Pree was an associate with Bogle & Gates. She has served as an Administrative Law Judge for the Washington Department of Revenue and as an Attorney–Advisor to the Honorable Judge Jacobs of the United States Tax Court. Ms. Pree has also served as Vice–Chair, Newsletter Subcommittee, ABA Section of Taxation, Committee of State and Local Taxes, and is a member of the Washington State Bar Association, State and Local Tax Committee.