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Sales Tax on Digital Products
Project Description
At its July 28, 2021 meeting, the Uniformity Committee considered a recommendation from the Standing Subcommittee to begin drafting the outline of a white paper on state sales taxation of digital products. The committee agreed that MTC staff would begin the process by drafting a detailed outline of the issues to be included in that white paper and conducting research and stakeholder interviews. At the August 2, 2022 meeting of the Uniformity Committee, the committee reviewed the proposed draft outline and agreed that a project work group should be formed to provide ongoing input and review of the white paper, as it is developed.
For information about this or any other MTC uniformity project, contact MTC Uniformity Counsel Helen Hecht at hhecht@mtc.gov
Upcoming Meeting Notice
Agenda
Thursday, September 5, 2024 – 11:00 a.m. Eastern
Agenda will be posted prior to the meeting.
– Work Group Meeting Guidelines
– MTC Slides – Bundling Issues (PDF)(PowerPoint)
For information about this meeting, contact MTC General Counsel Nancy Prosser at nprosser@mtc.gov.
Dial-in/Log-in Information
Log-In or Use App to Join ZoomGov Meeting
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Meeting ID: 161 641 8264
Passcode: 230515
Dial-In
+1 669 254 5252 US (San Jose)
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Meeting ID: 161 641 8264
NOTE: Your line will be muted when you join. You will need to un-mute in order to speak. To un-mute by phone, press *6.
If you experience any kind of difficulty participating in the meeting, please contact events@mtc.gov.
Prior Meeting Agendas, Materials, and Notes
Digital Goods Workgroup Agenda, July 11, 2024
Digital Goods Workgroup Agenda, June 6, 2024
Digital Goods Workgroup Agenda, April 4, 2024
Digital Goods Workgroup Agenda, February 1, 2024
Digital Goods Workgroup Agenda, January 11, 2024
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- Notes from November 2, 2023 work group meeting
- Draft matrix (opens in Excel)
Digital Goods Workgroup Agenda, November 2, 2023
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- Notes from October 5, 2023 work group meeting
- Draft matrix (opens in Excel)
- Presentation (PDF) from Ray Langenberg on criteria for defining the digital products tax base
Digital Goods Workgroup Agenda, October 5, 2023
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- Notes from September 7, 2023 meeting
- “Determining the Tax Base”, Ray Langenberg
- Draft matrix (opens in Excel)
Digital Goods Workgroup Agenda, September 7, 2023
Digital Goods Workgroup Agenda, August 3, 2023
Digital Goods Workgroup Agenda, July 6, 2023
Digital Goods Workgroup Agenda, June 1, 2023
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- Notes from Apr. 6, 2023 meeting
- Video from June 1 meeting – Research update from MTC Counsel Jonathan White on state treatment of digital products (links to Vimeo)
Digital Goods Workgroup Agenda, April 6, 2023
Digital Goods Workgroup Agenda, Special Meeting with Avalara Representatives, March 28, 2023
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- (no attachments)
Digital Goods Workgroup Agenda, March 2, 2023
Digital Goods Workgroup Agenda, February 2, 2023
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- MTC staff activities since Jan. 5, 2023 meeting (PowerPoint slides)
- White Paper Outline as of February 2, 2023 (Word Version)
- Notes from January 5, 2023 Meeting
Digital Goods Workgroup Agenda, January 5, 2023
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- White Paper Outline for the January 5, 2023 Meeting (Word Version)
- Notes from December 8, 2022 Meeting
- Letter from Eversheds Sutherland – Jan. 3, 2023
Digital Goods Workgroup Agenda, December 8, 2022
Digital Goods Workgroup Agenda, October 27, 2022
Digital Goods Workgroup Agenda, September 22, 2022
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- Draft Detailed Outline of White Paper – September 1, 2022 (Word Version)
- Letter from Eversheds Sutherland – Sept. 21, 2022 to the Work Group at its initial meeting.
Initial MTC Materials
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- Draft of Detailed Outline of White Paper – August 2, 2022
- Status Report to the Uniformity Committee – August 2022
- Status Report to Uniformity Committee – April 2022
- Status Report to Uniformity Committee – November 2021
- Comments of the ABA – Issues to Address Regarding the Taxation of Digital Products – Nov. 2, 2021
Proposed White Paper Issue Outline
NOTE: The MTC work group has currently made no findings or final recommendations relating to the project.
The topics to the left of this summary are expected to be included in the final white paper with findings and recommendations.
On April 28, 2021, representatives from the Washington Department of Revenue gave a presentation to the MTC Uniformity Committee in which they described their state’s experience with imposing sales tax on digital products as well as the alternatives considered. They also proposed that the Committee take up a project to help states develop a simpler and more adaptable approach.
– Washington Presentation 2021 (PowerPoint Slides)
– Washington Presentation on Sales Taxes on Digital Products 2021 (Video)
The Committee asked the Standing Subcommittee to review the project proposal. The Standing Subcommittee recommended to the Uniformity Committee that a work group be formed to draft a white paper.
– Final Recommendation – Project on Sales Taxation of Digital Products – as Approved June 17, 2021
The Uniformity Committee asked MTC staff to first solicit input from stakeholders and prepare a detailed outline of the white paper, identifying issues to be addressed. It directed staff to talk to stakeholders, review the relevant research, and identify issues to be included in a detailed outline of that paper.
During 2021 and 2022, MTC staff conducted 43 separate interviews of individuals or groups representing particular taxpayers, states, or other organizations, as well as practitioners and academics. (See Appendix). They surveyed other relevant research, including studies done by other groups, much of which also is cited throughout this outline. They also monitored work of the Streamlined Sales and Use Tax Governing Board (“Streamlined”) and the New Jersey Division of Taxation’s study on the taxation of the digital economy generally, which was done in conjunction with Rutgers University.