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sales tax on labor, yay or nay?

Posted on 1/4/17 at 12:06 pm
Posted by Napoleon
Kenna
Member since Dec 2007
69108 posts
Posted on 1/4/17 at 12:06 pm
I see some people charge sales tax on labor, most shops and larger companies do for sure. I thought sales tax was only for tangible items sold. ie the items you buy without tax (wholesale) and then resale with tax that you give the state/parish.

I have done both and paid both, I stopped charging sales tax on labor because I thought it was unfair to customers, but others told me it's required. My parish tax field rep told me it wasn't. A lot of fellow business owners I have talked to say they charge both and only claim tangible items when filing, so basically they make an extra 10% on labor, which is wrong IMO as well.

I never got a straight answer and want to start the new year doing it right. (though since labor is more than item sales for the most part, it will mean more headache as far as paying the five entities I pay tax to monthly)
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18911 posts
Posted on 1/4/17 at 12:11 pm to
As a fellow business owner, I feel your pain. I don't tax on it and I don't pay on it but who the hell knows?

This is why the Flat Tax (cue some Poli Board whacko) is the way to go. We should all just pay a flat amount on tangible goods we buy and keep the rest of our money.
Posted by Will Cover
St. Louis, MO
Member since Mar 2007
38551 posts
Posted on 1/4/17 at 12:13 pm to
quote:

This is why the Flat Tax (cue some Poli Board whacko) is the way to go. We should all just pay a flat amount on tangible goods we buy and keep the rest of our money.






I haven't kept up ... but is the Trump administration open to this?
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57457 posts
Posted on 1/4/17 at 12:14 pm to
Is there still no alcohol tac in EBR?

I remember in college a 2 dollar beer cost 2 dollars but Pluckers charged tax on it. I fricking hated they did that and would get them to remove the tax. No telling how much money Steve scammed doing that over the years.
Posted by Napoleon
Kenna
Member since Dec 2007
69108 posts
Posted on 1/4/17 at 12:14 pm to
It's odd that there isn't a set rule. The parish and state just want their respective 4.x% and that's it.

Just it's so much easier to file if I only claim actual tangible item sales.

Posted by Ford Frenzy
337 posts
Member since Aug 2010
6876 posts
Posted on 1/4/17 at 12:31 pm to
Alcohol sales aren't exempt from sales tax
Posted by diat150
Louisiana
Member since Jun 2005
43561 posts
Posted on 1/4/17 at 12:34 pm to
My understanding is that it depends on the task and what you are working on.

Sales tax in louisiana is way too complicated. Its complete bullshite.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
35191 posts
Posted on 1/4/17 at 12:43 pm to
I read this 3 times and it made no sense. Then I realized it said labor and not Labor Day.
Posted by baldona
Florida
Member since Feb 2016
20481 posts
Posted on 1/4/17 at 12:48 pm to
It is usually very industry specific, some industries require it and some don't. Like construction labor generally does not, but at the same time if you buy carpet and pay for the install at the same time they will charge occasionally.

Given that, is it not illegal to charge sales tax and not pay the state what you have received? It should be.
Posted by johnnyrocket
Ghetto once known as Baton Rouge
Member since Apr 2013
9790 posts
Posted on 1/4/17 at 1:02 pm to
My businesses are out of state.
On labor I only charge if the tax district requires the company or person providing the labor to charge it.
Posted by dcrews
Houston, TX
Member since Feb 2011
30194 posts
Posted on 1/4/17 at 1:23 pm to
LA Dept of Revenue

quote:

Under certain circumstances, labor charges are taxable. Labor to fabricate or repair movable property is taxable. Labor charges to construct or repair immovable, or real, property are not subject to sales tax.
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57457 posts
Posted on 1/4/17 at 2:32 pm to
quote:

Alcohol sales aren't exempt from sales tax
they used to be.
Posted by The Mick
Member since Oct 2010
43143 posts
Posted on 1/4/17 at 2:34 pm to
Not supposed to have sales tax on labor/service only for product/materials.
Posted by TexanWhoDat74
Houston
Member since Mar 2013
441 posts
Posted on 1/4/17 at 2:36 pm to
quote:

Under certain circumstances, labor charges are taxable. Labor to fabricate or repair movable property is taxable. Labor charges to construct or repair immovable, or real, property are not subject to sales tax.


Sounds pretty straightforward...until you and the Parish have a difference of opinion of what is moveable vs. immovable. Then World War 3 starts
Posted by windshieldman
Member since Nov 2012
12818 posts
Posted on 1/4/17 at 2:36 pm to
I was told to charge it, even for windshield repairs. Technically I'm selling the resin I put in a windshield.
Posted by REB BEER
Laffy Yet
Member since Dec 2010
16212 posts
Posted on 1/4/17 at 2:38 pm to
My company's accounting office tells me that if it says "repairs" on the invoice, that tax must be added. If it is installation labor that it is not.

I know this sounds dumb, but that's what I am told.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 1/4/17 at 2:40 pm to
quote:

I was told to charge it,


By whom? The tax collector


We don't charge any tax on labor but this is in Alabama.
Posted by Napoleon
Kenna
Member since Dec 2007
69108 posts
Posted on 1/4/17 at 4:32 pm to
quote:

. Labor to fabricate or repair movable property is taxable
so I should be charging tax.

Damn, that complicates things.

Posted by Napoleon
Kenna
Member since Dec 2007
69108 posts
Posted on 1/4/17 at 4:33 pm to
quote:

Not supposed to have sales tax on labor/service only for product/materials.


this is my belief but when you read the tax info it sounds like you are supposed to charge to service a moveable.

Posted by xLxSxUxFxAxNx
Baton Rouge
Member since Sep 2003
58623 posts
Posted on 1/4/17 at 4:34 pm to
we don't tax labor either.
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