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Yes. Retail sales of tangible personal property delivered into Alabama from an out-of-state location are subject to Alabama use tax, regardless of the method of ordering the item – i.e. via mail-order catalogs, cable tv shopping, the Internet, by telephone, etc. If the out-of-state seller has “nexus” in Alabama, the tax reporting responsibility lies with the retail seller to register with the ADOR to charge, collect and remit the appropriate tax to the ADOR. (A retail vendor has “nexus” in Alabama if they have a physical presence in Alabama, such as a retail store, warehouse, inventory, or regular presence of traveling salespeople or agents, or has established remote entity nexus.) If the retail seller does not have nexus in Alabama, the tax reporting responsibility passes to the consumer/purchaser and they would be responsible for self-assessing the use tax and remitting it to the ADOR via a consumers use tax return electronically through My Alabama Taxes (MAT). However, please note that some retail vendors that do not have nexus in Alabama elect to register with the ADOR on a voluntary basis to charge, collect and remit the Simplified Sellers Use Tax to the ADOR as a convenience to their customers.
A credit card transaction fee is a charge added to the regular price of an item by a retailer when the purchaser pays for the item using a credit card. Other names for this fee include swipe fee, credit card surcharge, processing fee, service charge, or convenience fee.
These fees are subject to sales and use tax and should be included in the seller’s gross sales on retail transactions when calculating tax due. Example: A sale of tangible personal property totals $100. The customer pays with a credit card and is charged a $3 credit card transaction fee. The total price of $103, including the credit card transaction fee, is subject to sales and use taxes.
A credit card fee, even if separately stated, is part of the retailer’s cost of doing business, and the entire consideration for the sale of tangible personal property is subject to sales and use taxes.
If a transaction consists of only non-taxable goods or services, the credit card transaction fee is not subject to sales and use taxes. Example: A customer is charged $50 for a haircut. The customer pays with a credit card and is charged a $3 credit card transaction fee. Since the haircut is not subject to sales and use taxes, the corresponding credit card transaction fee is not subject to sales and use taxes.
The Internet Tax Freedom Act of 1998 implemented a moratorium preventing state and local governments from taxing internet access, or imposing multiple or discriminatory taxes on electronic commerce. Following the initial moratorium, a number of laws amended and extended the moratorium until it became permanent on February 24, 2016, as part of the Trade and Facilitation and Trade Enforcement Act of 2015.
The definition of “internet access” includes:
(a) a service that enables users to connect to the internet to access content, information, or other services offered over the internet;
(b) the purchase, use, or sale of telecommunications by a provider of a service described in (a) to the extent those telecommunications are purchased, used, or sold to provide that service; or to otherwise enable users to access content, information or other services offered over the internet;
(c) services that are incidental to the provision of the service described in (a) when furnished to users as part of that service, such as a home page, email and instant messaging (including voice and video capable email and instant messaging), video clips, and personal electronic storage capacity; and
(d) a home page, email, and instant messaging (including voice and video capable email mail and instant messaging), video clips, and personal electronic storage capacity, that are provided independently or not packaged with internet access.
Internet access does not include voice, audio or video programming, or other products and services (except services described in (a), (b), (c), or (d)) that utilize internet protocol or any successor protocol and for which there is a charge that is either separately stated or aggregated with the charge for services in (a), (b), (c), or (d).
Sections 40-21-80 and 40-21-100, Code of Ala. 1975, exempt internet access charges from the Utility Gross Receipts Tax and the Utility Service Use Tax.
Telecommunications services such as telephone services, cellular services, paging services, and fax services that are not used to provide access to the internet are subject to tax.
Section 40-21-82, Code of Ala. 1975, levies a privilege or license tax against every utility furnishing telegraph or telephone services in Alabama. The amount of the tax is determined by the application of rates against gross sales or gross receipts from the furnishing of such services in the state. Alabama code provides no exemption or exclusion for telephone services provided by the internet.
Section 40-21-82, Code of Ala. 1975, also allows providers of telephone services to combine or bundle taxable and nontaxable services on one invoice and charge the customer tax on the taxable charges.
Voice over Internet Protocol (VoIP) and any other form of telephony and similar services that utilize internet protocol are not included in the federal moratorium. These types of telephony and telecommunications services continue to be subject to the Alabama Utility Telecommunications Services Tax.
As of November 30, 2018, the federal government updated its credit card program. The General Services Administration (GSA) has entered into contracts with Citibank and US Bank under the program named GSA SmartPay® 3. (www.gsa.gov/gsasmartpay) The following information is provided to assist Alabama vendors in determining whether or not tax applies to transactions paid by GSA SmartPay® 3 cards.
The GSA SmartPay® 3 program provides four business lines (card types): Purchase, Travel, Fleet, and Integrated (includes fleet, travel and/or purchase functionality and offers a single card for all purchases.) These cards/accounts can be Centrally Billed Accounts (CBAs) or Individually Billed Accounts (IBAs).
Centrally Billed Accounts (CBAs) are charge card accounts in which all charges are billed directly to the federal government and paid directly by the federal government to the issuing bank. (Sales tax is not due on credit card purchases which are centrally billed to and paid by the federal government. Lodgings tax is not due on charges for lodgings which are centrally billed to and paid by the federal government.)
Individually Billed Accounts (IBAs) are charge card accounts in which charges are paid directly by the cardholder/federal employee to the issuing bank; the federal employee is then reimbursed by the government. (Sales tax and lodgings tax are due on credit card transactions where the purchases or charges for lodgings are billed to and paid by federal employees, who are then reimbursed by the federal government.)
Tax Advantage Travel Accounts (CBA/IBA) are charge card accounts in which charges for rental cars and lodging are paid directly by the federal government to the issuing bank and charges for travel-related purchases such as meals and incidentals are paid directly by the cardholder/federal employee to the issuing bank; the federal employee is then reimbursed by the government. (Sales tax and lodgings tax are due on credit card transactions where the purchases or charges are billed to and paid by federal employees, who are then reimbursed by the federal government.)
Department of the Interior: With the exception of the purchase of meals and incidental travel expenses which are individually billed and subject to sales tax, transactions paid for with the Department of the Interior’s integrated card are centrally billed and exempt from sales and lodgings tax. Purchases of fuel paid for by this card are not exempt from state fuel excise taxes.
The Department of the Interior GSA SmartPay® 3 charge cards can be identified by their unique prefixes and account numbers, government-designed artwork, and wording that indicates that the card is for official transactions for the U. S. Government. The Department of the Interior Integrated Card account numbers begin with 5568 26.
Purchase
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Travel
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Fleet
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Prefix (1st four digits)
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4614 – Visa 4715 – Visa 4716 – Visa 5565 – MasterCard 5568 – MasterCard |
4614 – Visa 4615 – Visa 4716 – Visa 4486 – Visa 5565 – MasterCard 5568 – MasterCard |
4614 – Visa 4486 – Visa 5563 – MasterCard 5565 – MasterCard 5568 – MasterCard 5565 – WEX 6900 – WEX 7071 – WEX 7088 – Voyager |
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6th Digit
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NA |
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NA |
*Tax Advantage card purchases are centrally billed for lodgings and rental car expenses and individually billed for meals and incidentals.
Yes, see the list of informational brochures and pamphlets provided below:
The Bulk Upload method allows you to create a comma delimited text file for each tax type that contains your client’s return and payment information to upload to the system. These files can be created using a spreadsheet program (i.e., Excel) and saved as a comma delimited text file with either a .txt or .csv file extension. A separate file is required for each tax type using the following layouts. Note: If a header row is used during the creation of the file it should be removed prior to uploading since the system will begin importing with the first row of the file. Learn more about Bulk Filing