Sales tax two-step gets biz the boot
May 22, 2008 by Carol KatarskyPosted in: Fringe benefits, In this week's e-newsletter, Latest news & views, Sales and use tax, Tax compliance
Safety gear employees use in production would seem to be non-taxable under most states’ manufacturing exemptions.
But in Indiana, a company got caught up in a loophole — and ended up having to pay taxes on the equipment.
The problem: The company, an auto exhaust systems manufacturer, purchased steel-toe boots for its line workers and claimed them as an exempt item. Might have worked, but the company actually sold them to the workers at a reduced cost, instead of just supplying them for free.
That turned the boots into a benefit — and in the DOR’s eyes, a taxable use.
Now the company will have to pay taxes and on the entire cost of the boots.
