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1991 – Navigating Sales Tax Obligations in the Digital Marketplace with Peisner Johnson’s Jason Parr

Navigating Sales Tax in E-Commerce

In a recent episode of “The Thoughtful Entrepreneur,” host Josh delves into the intricate world of sales tax compliance with Jason Parr, the CEO of Peisner Johnson, also known as “The Sales Tax People.” This episode is a must-listen for e-commerce businesses grappling with the complexities of sales tax, especially in the wake of the 2018 Supreme Court case “Wayfair vs. South Dakota.” Below, we break down the key insights and actionable advice shared during the episode to help you navigate the often-confusing landscape of sales tax compliance.

Josh kicks off the episode by inviting listeners to explore his free video resource, which offers insights into generating business leads and partnerships. He emphasizes his extensive experience, having conversed with over 2,000 business leaders, and encourages listeners to visit his website, Up My Influence, for more information. Jason Parr, CEO of Peisner Johnson, joins the conversation. With 33 years of experience, Peisner Johnson has honed its focus on sales tax compliance over the past six years. Jason's expertise provides a deep dive into the challenges and solutions surrounding sales tax for e-commerce businesses.

The 2018 Supreme Court case “Wayfair vs. South Dakota” fundamentally changed the sales tax landscape. Prior to this ruling, businesses were only required to collect sales tax in states where they had a physical presence. The Wayfair decision established that businesses must now register and collect sales tax in states where they exceed certain sales thresholds, regardless of physical presence. This has significantly increased the complexity for e-commerce businesses, which may now have sales tax obligations in multiple states. Jason outlines three critical questions that every e-commerce business must consider to ensure sales tax compliance: Do I Have Nexus? Is What I Sell Taxable? Who is Selling the Product? Navigating sales tax can quickly become complicated, especially for rapidly expanding businesses.

About Jason Parr:

Jason has dedicated his career to helping companies find peace of mind when it comes to state and local tax (SALT), especially sales tax. He has been with Peisner Johnson, “The Sales Tax People”, for 27 years. He currently serves as the President and CEO, and has deep experience with all services offered by Peisner Johnson. Having “grown up” in the SALT arena, he has gained an expertise on how to navigate the sales tax issues and processes that keep owners, tax professionals, trusted advisors, and CPAs up at night. Peisner Johnson focuses its efforts on helping companies manage sales tax compliance, including sales tax return services, nexus studies/risk assessments, and getting registered properly, as well as, due diligence related to M&As, audit defense, research, automation, and tax recovery services. Parr lives in Dallas, and he and his wife of 32 years have 6 married children and 12 grandchildren. He enjoys golf, racquetball, ultimate frisbee, and a new favorite – pickleball.

About Peisner Johnson:

Peisner Johnson, founded in 1992, is a state and local tax consulting firm with a clear mission: Solve clients’ state tax problems. Because we focus exclusively on state and local taxes, we have developed a deep understanding of state tax issues. Our clients benefit from our extensive knowledge and experience and our client-first mentality. We have consulted with thousands of companies doing business across the United States and Canada in virtually every industry.

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Links Mentioned in this Episode:

Want to learn more? Check out Peisner Johnson website at

https://peisnerjohnson.com/

Check out Peisner Johnson on LinkedIn at

https://www.linkedin.com/company/peisnerjohnson/

Check out Jason Parr on LinkedIn at

https://www.linkedin.com/in/jasonparrpjco/

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Transcript

Speaker 1 00:00:05 Hey there, thoughtful listener. Are you looking for introductions to partners, investors, influencers and clients? Well, I've had private conversations with over 2000 leaders asking them where their best business comes from. I've got a free video you can watch with no opt in required, where I'll share the exact steps necessary to be 100% inbound in your industry over the next 6 to 8 months, with no spam, no ads, and no sales. What I teach has worked for me for over 15 years, and has helped me create eight figures in revenue for my own companies. Just head to up my influence. Com and watch my free class on how to create endless high ticket sales appointments. Also, don't forget the thoughtful entrepreneur is always looking for great guests. Go to up my influence. Com and click on podcast. I'd love to have you. With us right now is Jason Parr. Jason, you are the CEO of Piner Johnson, aka the Sales Tax People. Jason, it's great to have you. By the way, your website is Pilsner johnson.com.

Speaker 1 00:01:18 To a friend that's listening, just click in the show notes or kind of click around. In your podcast app. You'll find a direct link so you can follow along. Jason, thank you so much for joining us.

Speaker 2 00:01:27 Hey Josh, it's great to be with you as well.

Speaker 1 00:01:29 Your friends refer to you as Pas. I may go back and forth on that depending on our conversation, but but Jason or PA, tell us about the work that Johnson does, who you serve and what you do.

Speaker 2 00:01:43 Yeah, we call ourselves the sales tax people. You can also reach us at the sales tax PEOPLE.com. sometimes people can find that Pizer Johnson is a mouthful to say. And, the sales tax people really focuses on what we do. we've been around a long time. We've been around for 33 years. But our focus in the last six years has been on sales tax, and the difficulty that companies have really found themselves in managing a more complex, platform, a more complex, environment when it comes to dealing with sales tax.

Speaker 2 00:02:17 Just to give you a quick background on why big, big court case, Supreme court case in 2018. Wayfair versus South Dakota. South Dakota one took it to the Supreme Court. Essentially what they said is if you sell any products or services in the US, you have a responsibility to register and collect sales tax when you exceed certain thresholds. in in multiple states across the US, when the Supreme Court said there's a fair law that South Dakota has on the books, all the other states that impose sales tax mirrored that law. And now it's not just about where you conduct business, it's where your customers are located. And so that has changed the landscape for a lot of companies. You may have been a company that's been going for 20 or 30 years. You've been in 1 or 2 states with employees and equipment and, and inventory. and now because you sell via e-commerce, online, whatever the case may be and delivered multiple other states, you now might have a responsibility to register in 2025, 30 or all states that impose a sales tax, depending on how big that is and whether you surpass the thresholds.

Speaker 1 00:03:27 Yeah, yeah. so tell me, typically, you know, a company that's selling online, what is their life like? Right. Is it is I don't historically have an I'm not selling physical products or whatever. I, it hasn't as a service provider. I don't know, like my accountants kind of just take care of that. but. Yeah, but can you maybe can you just give us a little bit of a 101 on sales tax right now, particularly those that, do Majority or vast majority of their business online.

Speaker 2 00:03:58 100%. So there's three very important questions there. Really simple questions. We try to simplify individuals trying to figure out what their situation may be. As you know, if you're selling products online, it's already a fast paced world, right? There's been advances in technology and software and approach and processes and everything. So usually it's a company that's growing pretty rapidly. And they're utilizing advantages from online e-commerce to to expand their book of business and, and grow. And in that process, there's three questions that all of these laws require.

Speaker 2 00:04:34 Everyone who's conducting business like this. Number one, do I have Nexus real quick? Nexus is just a fancy word in the sales tax world that a state says you have enough presence in our state that you are required to collect tax on the sales of taxable items. Right. most states from an economic basis is around 100,000. So if you sell more than 100,000 in goods into a particular state, then it's possible that you have nexus or the state would say that you need to register. Number two is what I sell taxable. Right. So every state that imposes sales tax has a different sales tax law. They administer their own sales tax law. And so you need to understand if what you sell in a particular state is actually taxable. Because you might exceed the threshold and have nexus in a responsibility, but you're selling something that may or may not be taxable. So that's the second answer you have to ask yourself. And then the third question is who is selling the product. What I mean by that is when all this legislation came through in 2018 and beyond, the states were also looking at what are called marketplace facilitators.

Speaker 2 00:05:42 So think of Amazon, eBay, Etsy, Walmart. It's a it's a marketplace that allows other sellers to attach on and sell goods through that marketplace. Well, the states got savvy enough to say, well, we want to impose the tax responsibility on the marketplace facilitator because there's a greater chance we're going to get our tax revenue. Then the millions of sellers that might be on that marketplace. So laws passed. It required, those marketplace sellers to remit the tax. So if you let's say you have exceeded a threshold in a particular state, what you sell is taxable in that state. Most tangible property is, by the way, and you sell all of it on a marketplace. Well, you may not have a sales tax responsibility to register and move forward, but if you also sell goods on your own website or through other platforms that are not considered a marketplace facilitator, you likely need to register and collect tax on those sells. Even though tax is being collected on other sales, it might be on a marketplace, so it can get real complicated real quick for a company.

Speaker 2 00:06:47 but you really need to know those three measures. Do I have Nexus? Do I have any responsibility to register in a particular state where my goods are being sold into? Is what I'm selling into that state taxable? That means I have a responsibility to register now. I also have a responsibility to collect tax on those sales. And am I the responsible party? Is it all going through a marketplace facilitator, or are there other avenues and channels that I sell that might make me the responsible party to ensure it's collected and remitted to the state, in a timely basis? And so that's our whole lives at the sales tax people. We we focus on that. We help companies navigate that, we provide, free consultations for people to call in and tell us their story. Right? Because legitimately founders, CFOs, CPAs, they lose sleep over this because sales tax can be a margin killer. Oh, yeah. Let me just give you an example. you expanded in 2020. you're you're just killing it in 2023.

Speaker 2 00:07:51 Now you're in 2024. You you didn't know about the sales tax issues. You weren't sure what was going on, but you should have been registered and let's say 20 states back in 2020 when you were blowing up. if if the states determined that you should have been registered, they can go back to all of your sales from 2020 through 2024. They can require you to pay the tax out of your own pocket to the state with penalty and interest. If you're running 10% margins and you're paying 10% sales tax out of your own pocket with 10 to 20% penalty and interest on those dollars, then you've killed your margins for 3 or 4 years straight. It can put a company out of business. And so we work with companies to help them navigate that, mitigate the possible, historical responsibility they had, and then try to come forward and get compliant with the least amount of money out of pocket, to try to save them that it's something you just can't put your head in the sand on, because the longer it goes, the worse it gets.

Speaker 2 00:08:55 Obviously with penalty and interest.

Speaker 1 00:08:58 Yeah. how often, part do you see a situation where it's possible that someone may have been overpaying on state taxes? So there's maybe, cause for recovery?

Speaker 2 00:09:14 We see that as well. Right. And in this new environment, it's likely to occur more because more companies are registered and that means more companies are collecting tax. a given type of company that's in a particular state may have exemptions that are on the books. So if you think about property that you're selling, tangible personal property is taxable everywhere. Unless there's an exemption on the books or on the law that indicates that it's not. So if I'm a manufacturer in Texas and I'm processing other tangible property for sale. Then I get certain exemptions allotted to me on equipment, on repairs, on supplies and other items. I may not be aware of those or I may not be able to, in practice, apply those exemptions properly. And I'm buying these goods from multiple suppliers at multiple times of the year, etc.. And so there are situations it could be a technology company, a retailer, a manufacturer, all sorts of different reasons why different states provide exemptions on certain types of goods that aren't taxable, because of the way they use them or the type of entity they are.

Speaker 2 00:10:28 So there could be nonprofit entities that are buying goods or supplies, and maybe because of the type of entity they are in a particular state, that state allows them to purchase goods tax free because of the nature of their entity. So you would think, well, school, all schools, our government, they would not be taxable. In Texas, schools are not taxed on goods that they buy, but in California they are. And so there's it depends on the state and how they impose their sales tax law on the citizens and on the companies.

Speaker 1 00:11:00 You know, I'm speculating a little bit, but but I wonder if, often the clients, you know, you start talking about, you know, the potential for savings or the potential for efficiencies or just doing things right. and, you know, they kind of looking at how your fees are structured. It might be, common to realize a net positive gain from engaging with you. I don't know if that how often that's the case.

Speaker 2 00:11:27 100%. So, this is something unique to our firm in particular, but we have this free consultation.

Speaker 2 00:11:34 It's called the What's next call. And so it's kind of a cheesy name, but what happens is we get to talking to a company about their situation. And the question is always, oh my goodness, what do I do next? Right. So it's a what's next call. We often can offer advice and direction and some guidance on next steps. One of our mantras is collaboration builds confidence. So you might have an idea of what you need to be doing as a company, and you're just not sure, or you feel very sure. We still would say, hey, let's just chat because it's not a hard sales call. Our hope is that you leave with greater peace of mind when it comes to sales tax and more confidence in the decisions that you're making forward. We're very happy whether we can help you or not, whether you engage us or not. If you leave with greater confidence and peace of mind, we're very happy that that's occurred. Most often we identify that individuals are either acting too hastily in complying or they're just not willing to face the situation.

Speaker 2 00:12:35 and so that can create some hurdles for them and it can create some, greater penalties or exposure that's unnecessary. And so you always want to get a second opinion, right? If if you were a medical doctor and someone tells you you've got a severe situation, you don't just say, you know, I'm just going to go with it and see what happens. Yeah, you might go see somebody else and just chat. And the world of technology and platform, there's a lot of DIY approaches to dealing with sales tax and determining how you're going to get compliant. And the platforms and automation has just provided huge efficiencies in the world of sales tax. But they don't provide the human touch and the interaction and the collaboration that you get from real people. Right. It's not it's it's it's not we don't call ourselves the sales tax people unintentionally. we use automation, we use technology, we use platforms that are available in the industry. But you want to talk to somebody and collaborate with them on the direction that you're taking.

Speaker 2 00:13:41 Yeah. to move forward, and it can save you lots and lots of money and even your own business. Or if you're in a position to sell your business and you're wanting to, merge or be acquired. You have to make sure that sales tax is looked at and managed properly, because we have seen deals, die on the table when it comes to what's your sales tax situation look like? And they weren't compliant. So to answer your question more briefly, every single day we talk to companies that are not in a compliance or they're not aware of the compliance or the responsibility that they have for sales tax and help companies manage the situation and navigate it every single day. We talked to people who were in this situation.

Speaker 1 00:14:30 Well, it looks as though you've got some resources as well. and so do you mind maybe just sharing a bit about that again, your website, we've got linked up in the podcast right now. Pilsner Johnson. Com where you go to the sales tax PEOPLE.com and it'll redirect there.

Speaker 1 00:14:48 but do you mind maybe just sharing a little bit about, what you make available? like immediately you could just go there and these are free for you.

Speaker 2 00:14:56 Yeah, 100%. when I say DIY, you can go to our website and you can look at a map of the country, and you can select a state and, and we will answer the questions through that interaction on if you possibly have Nexus, either physical nexus because you operate in that state or economic nexus because you, exceed some sort of threshold in that state. there's blog posts, there's white papers. there's items you can download which give you more content and education on it. Obviously, there's the free what's next call or the consultation, which doesn't require anything of you but to share your situation. And you learn a little bit about us and we hope we, give you some confidence in that situation. a lot of free resources that can help you, get down this path a little bit as you determine what what decisions need to be made for you and your company.

Speaker 1 00:15:48 Yeah. As well. You've got a podcast. It's called The Salt Cast. it.

Speaker 2 00:15:53 Is.

Speaker 1 00:15:53 Yeah.

Speaker 2 00:15:54 It's the most popular sales tax podcast. on the internet, I joke there's not a lot of people that love to interact about sales tax, but we do have a podcast.

Speaker 1 00:16:07 Dominate the space. And podcasting.

Speaker 2 00:16:10 I was surprised when I went out and saw how many podcasts out there called the salt cast. And not everybody's talking about state and local tax. No, Salt stands for state and local tax. We focus on sales tax. but we do provide some great information there. And oftentimes it's very similar to this podcast. We're just chatting back and forth with individuals in the industry or internally about issues that come up, issues that we see, and stories that people have faced and what we did to help move them in the right direction.

Speaker 1 00:16:43 Yeah. again, Pastor johnson.com. or the sales tax PEOPLE.com. if someone says, listen, I'd love to chat. what is that process?

Speaker 2 00:16:55 So I would go to PJ dot tax.

Speaker 2 00:17:00 PJ dot tax takes you right to, a brief questionnaire and form that allows you to share a little bit about your situation. Yeah. There you go. Set up this what's next consultation.

Speaker 1 00:17:12 Yeah. And no that was literally PJ dot tax tax. That's it. So that's that's the the TLDR or whatever the the extension is. Yep. And it's how can we help and just awesome. Great. Well listen great conversation. Thank you so much for for doing the work that you do. again, Jason Parr CEO of the Sales Tax People aka Prisoner Johnson on the web at Prisoner Johnson. Com the sales tax people.com or PJ dot tax. But a great great great conversation. Thanks so much Jason.

Speaker 2 00:17:47 Ditto Josh. Appreciate it.

Speaker 1 00:17:54 Thanks for listening to the Thoughtful Entrepreneur Show. If you are a thoughtful business owner or professional who would like to be on this daily program, please visit up my influence. Com and click on podcast. We believe that every person has a message that can positively impact the world.

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