• New York Explains Application of State and Local Sales Tax to Health and Fitness Facilities, Including Yoga and Pilates Studios

  • Wednesday August 1st, 2012
  • New York's rules for imposing sales tax on dues and fees charged by health clubs, gymnasiums, and athletic clubs can be confusing.

    For instance, while New York State imposes its state sales tax on membership fees paid to athletic clubs, membership fees paid to health and fitness clubs are not subject to state sales tax. New York City makes a different set of distinctions: the city imposes its local sales tax on every sale of services by weight control salons, health salons, gymnasiums, Turkish and sauna baths, and similar facilities. But, the city does not tax fees for facilities that also provide access to participant sporting activities and facilities. To clarify these distinctions the New York Department of Taxation and Finance (DTF) recently released two documents discussing the taxability of fees charged by health and fitness clubs and facilities that provide yoga instruction.

    The first document is a tax guidance that explains the application of state and local sales to facilities that provide yoga instruction. N.Y. Tax Guidance NYT-G-12(1)S (Dept. of Taxn. and Fin. July 24, 2012). The other is a sales tax bulletin that outlines which fees or charges by health and fitness clubs are subject to all state and local sales taxes, and which ones are subject only to the New York City local sales tax. N.Y. Tax Bull. TB-ST-329 (Dept. of Taxn. and Fin. Jul. 24, 2012).

    In the tax guidance, NYT-G-12(1)S, the DTF addressed whether facilities that provide Pilates classes and yoga instruction needed to collect sales tax on their receipts.

    New York imposes both state and local sales taxes on dues and membership fees paid to "athletic clubs," but "athletic clubs," are narrowly defined. An athletic club is any organization whose purpose or activity is the practice, participation in, or promotion of any sports or athletics (for example, a Judo club or curling club). However, a facility that provides steam baths, saunas, or exercise equipment, or that promotes exercising solely for health purposes, as contrasted to sports, is not considered to be an athletic club.

    New York does not impose state sales tax on membership dues or fees paid to health and fitness clubs, but New York City does impose its local sales tax on sales of services by some types of facilities that are considered to be health and fitness clubs.

    Generally, "health and fitness clubs" are facilities that provide customers or members with access to exercise equipment. Typical examples of health and fitness clubs include the following:

    • Pilates, aerobics, and fitness studios;
    • Gyms;
    • Weight reducing salons; and
    • Spas, saunas, Turkish baths, and tanning salons.

    Thus, membership fees and dues for these types of clubs are not subject to state sales tax, but may be subject to New York City's local sales tax.

    New York City imposes its local sales tax on every sale of services by weight control salons, health salons, gymnasiums, Turkish and sauna baths, and similar facilities, including any charge for the use of these facilities.

    The inclusion of gymnasiums in this list is particularly tricky. In NYT-G-12(1)S, the DTF explained that "[a]gymnasium is commonly understood to be an indoor facility where sporting and/or exercise activities take place." On the other hand, in the bulletin, TB-ST-329, the DTF explained that a facility that also provides access to its members to participant sporting activities and facilities, such as a swimming pool or racquetball courts, is not considered to be a weight control salon, health salon, gymnasium, or other establishment for New York City sales tax purposes. See also MP Sports Club Upper Eastside LLC, N.Y. Advisory Op. of the Commr. of Taxn. and Fin. TSB-A-08(10)S (Feb. 14, 2008); The Paris Health Club, Inc., N.Y. Advisory Op. of the Commr. of Taxn. and Fin. TSB-A-08(12)S (Feb. 14, 2008).

    In NYT-G-12(1)S, the DTF applied these rules to facilities that provide Pilates classes and yoga instruction. First, the DTF determined that charges for use of these facilities are not subject to state sales tax because the facilities were not "athletic clubs." Then, the DTF considered whether these facilities' charges are subject to New York City local sales tax.

    The DTF explained that yoga instruction is not an exercise activity because yoga generally includes within its teachings but activities such as meditation, spiritual chanting, breathing techniques, and relaxation skills, not simply physical exercise. Thus, yoga facilities that only offer instruction in various yoga styles are not considered to be weight control salons, health salons, or gymnasiums.

    On the other hand, The DTF stated that facilities that provide Pilates classes or a combination of yoga and Pilates qualify as gymnasiums because Pilates classes constitute exercise activities. Consequently, charges for all the services provided at, or for the use of, such facilities (including classes for instruction in yoga) are subject to the New York City local sales tax.

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Louisiana's sales tax holiday will begin at 12:01...
On April 30, 2015 Puerto Rico legislators voted not...
The Colorado Department of Revenue ruled that...
Indiana passed a law prohibiting taxes on internet...
The Washington Department of Revenue has issued...
The New York Department of Revenue and Taxation...
Mississippi has enacted new exemption for hearing...
Effective August 28, 2015, certain purchases by new...
A Texas taxpayer sued the state comptroller after...
Texas will hold its annual Energy Star Sales Tax...
Connecticut now exempts sales of certain...
Idaho has amended its exemptions for production...
The New Jersey Department of Revenue (DOR) has issued...
Effective April 1, 2015, Idaho has amended its...
Effective July 1, 2015, sales of gold, silver, and...
Colorado has amended its exemption statute for fuel...
Virginia has passed a law that will combine the...
Idaho has enacted a law that will exempt sales of...
The Louisiana Court of Appeals ruled that store...
The Kansas Department of Revenue released a letter...
The Missouri Department of Revenue ruled that...
The Colorado Department of Revenue ruled that testing...
The Missouri Department of Revenue ruled that...
The Ohio Board of Tax Appeals ("Board") ruled that a...
The Washington Department of Revenue ("Department")...
The Missouri Supreme Court recently held that when an...
The Missouri Department of Revenue published a letter...
The Rhode Island Department of Revenue decided that...
The California State Board of Equalization ("Board")...
The Wisconsin Department of Revenue released updated...
The Florida Department of Revenue released guidance...
The Georgia Department of Revenue ("Department")...
The Texas Comptroller of Public Accounts...
The Florida Department of Revenue released guidance...
The New York Department of Taxation and Finance...
The South Carolina Department of Revenue...
The Alabama Department of Revenue ("Department") has...
The New York Tax Tribunal ("Tribunal") ruled that...
The Florida Department of Revenue issued a technical...
The Massachusetts Department of Revenue ruled that...
The Louisiana Department of Revenue released an...
The Florida Department of Revenue issued a technical...
The Council of the District of Columbia ("Council")...
The Minnesota Department of Revenue revised its...
The Texas Comptroller of Public Accounts...
The Indiana Department of Revenue released a letter...
The California Board of Equalization released a...
The Fifth Circuit Court of Appeals of Louisiana...
Several law changes recently took effect in...
The Tennessee Department of Revenue ruled that...
The California State Board of Equalization has...
President Barack Obama signed the 2015 Appropriations...
The Wyoming State Board of Equalization ruled that...
The New Jersey Division of Taxation adopted two new...
The United States House of Representatives published...
The Georgia Department of Revenue has adopted two...
The Arizona Department of Revenue recently released a...
The Tennessee Court of Appeals ("Court") recently...
The South Carolina Department of Revenue recently...
The Washington Department of Revenue ("Department")...
The Fourth District Court of Appeals of Florida...
The Washington Department of Revenue recently...
The California State Board of Equalization ("Board")...
Wisconsin recently released a private letter ruling...
The South Carolina Department of Revenue recently...
The New York Department of Taxation and Finance...
The Thirteenth Circuit Appeals...
The Florida Department of Revenue issued a Technical...
The Ohio Board of Tax Appeals ("Board") affirmed that...
The New Mexico Taxation and Revenue Department...
The Michigan Court of Appeals ("Court") recently...
The Iowa Department of Revenue has revised its...
The Rhode Island Division of Taxation ("Division")...
The Tennessee Department of Revenue recently released...
The Virginia Tax Commissioner ("Commissioner")...
The Alabama Tax Tribunal recently released its...
The New Jersey Division of Taxation recently issued a...
The Washington Department of Revenue recently...
The Crittenden County Circuit Court in Arkansas...
The Department of Taxation and Revenue ("Department")...
A Louisiana Court of Appeals ("Court") recently ruled...
The Washington Department of Revenue has updated two...
The New York Department of Taxation and Finance...
Missouri recently enacted a law stating that...
The Georgia Department of Revenue recently released a...
The West Virginia Office of Tax Appeals recently...
The New York Department of Taxation and Finance...
The Ohio Board of Tax Appeals ("Board") recently...
The Ohio Board of Tax Appeals ("Board") recently...
The Georgia Department of Revenue recently released a...
The North Carolina Department of Revenue recently...
The California Board of Equalization...
The Colorado Court of Appeals recently...
The Minnesota Department of Revenue recently released...
The Texas Third Court of Appeals ("Court") recently...
The New York Department of Taxation and Finance...
The New York Department of Taxation and Finance...
The Mississippi Supreme Court ("Court") recently held...
The Florida Department of Revenue recently released a...
The Indiana Department of Revenue recently issued a...
The Wisconsin Department of Revenue recently released...
The New York Division of Tax Appeals ("Division")...
The Washington Department of Revenue recently issued...
The Illinois Department of Revenue ("Department")...
The Virginia Department of Taxation ("Department")...
The New York Department of Taxation and Finance...
Georgia has revised its regulation on transportation...
The Arizona Tax Court recently released a ruling that...
The Washington Department of Revenue ("Department")...
The Colorado Department of Revenue ("Department")...
West Virginia has adopted new rules, effective July...
The Missouri Department of Revenue recently updated...
The Texas Comptroller recently reminded taxpayers...
The Michigan Court of Appeals recently ruled that a...
The Indiana Department of Revenue ("Department")...
The New York Division of Tax Appeals ("Division")...
The Alabama Court of Civil Appeals recently ruled...
The Georgia Department of Revenue ("Department")...
The Missouri Administrative Hearing Commission...
The Florida Department of Revenue ("Department")...
The Texas Comptroller recently issued guidance on how...
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The California Board of Equalization ("Board")...
The New York Department of Taxation and Finance...
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The Rhode Island Division of Taxation ("Division")...
The New Mexico Taxation and Revenue Department...
The Indiana Tax Court recently ruled that a taxpayer...
The Minnesota Tax Court recently ruled that an...
The Massachusetts Department of Revenue recently...
The Florida Department of Revenue recently released...
The Louisiana Supreme Court recently ruled that a...
Governor Nathan Deal of Georgia recently approved a...
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A Pennsylvania court recently denied a newspaper's...
The Kansas Department of Revenue ("Department")...
A New York trial court recently ruled that a...
The Ohio Board of Tax Appeals recently released a...
The Missouri Administrative Hearing Commission...
The Wyoming Supreme Court recently ruled that online...
The Washington Department of Revenue recently...
The Indiana Department of Revenue ("Department")...
The Mississippi legislature has expanded the sales...
The Minnesota Tax Court recently ruled that a...
The Nevada Supreme Court recently ruled that a...
The Nebraska Department of Revenue recently issued a...
The Colorado Department of Revenue recently released...
The Nebraska Supreme Court recently ruled that a...
The Missouri Supreme Court recently ruled that a...
The Michigan Tax Tribunal recently ruled that a...
The New Mexico Taxation and Revenue Department...
The Wisconsin Department of Revenue recently issued a...
The Indiana Department of Revenue ("Department")...
The Missouri Department of Revenue ("Department")...
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The Connecticut Department of Revenue Services...
The North Carolina Department of Revenue...
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Effective July 1, 2014, Wyoming will source sales of...
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The Tennessee Department of Revenue ("Department")...
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The Utah Tax Commission has released a letter ruling...
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The United States Supreme Court has issued an order...
The Wisconsin Department of Revenue's December Sales...
The California Board of Equalization voted to amend...
On Thursday, the Illinois Supreme Court held that a...
The New York Department of Taxation and Finance...
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The Streamlined Sales Tax Governing Board recently...
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The Washington Department of Revenue ("Department")...
The New Mexico Taxation and Revenue Department...
The Illinois Court of Appeals recently ruled that...
The Tennessee Court of Appeals recently ruled that a...
Massachusetts' Governor Deval Patrick has recently...
The Minnesota Tax Court recently ruled that a...
An Illinois Court of Appeals recently ruled that a...
Recently, the Michigan Court of Appeals held that...
The Connecticut Department of Revenue Services...
In a recent letter ruling, the New Jersey Division of...
In a recent Letter of Findings, the Indiana...
An Illinois appellate court recently held that an...
The South Carolina Department of Revenue has released...
The Virginia Department of Taxation has issued a tax...
The Kansas Department of Revenue recently issued a...
A recent letter ruling from the Missouri Department...
The Idaho State Tax Commission has determined that a...
Following public protest, the Washington State...
The Texas Comptroller's Office has released a policy...
The Alabama Department of Revenue determined that a...
The Washington Department of Revenue held that a...
In a recent advisory opinion, the New York Department...
At the end of July, Massachusetts will begin taxing...
Wisconsin updated its guidance on how sales tax...
Kansas released a private letter ruling discussing...
California enacted a sales tax exemption for...
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In a recent revenue ruling, the Louisiana Department...
Iowa and Minnesota enacted laws that may increase the...
On June 25, 2013, Arizona Governor Jan Brewer signed...
West Virginia recently enacted a law allowing the...
The Massachusetts Department of Revenue recently...
In a recent ruling by the tax commissioner, Virginia...
In Florida, a temporary exemption for sales of...
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The Indiana Department of Revenue has ruled that a...
The Wisconsin Department of Revenue recently released...
The Massachusetts Department of Revenue (DOR)...
For the second time in three months, the Indiana...
When Idaho Governor C.L. "Butch" Otter signed House...
The Massachusetts Commissioner of Revenue recently...
Under a new law that took effect March 1, 2013,...
The New York Commissioner of Taxation and Finance...
The Missouri Department of Revenue (DOR) recently...
The Indiana Department of Revenue (Department)...
The Wyoming Board of Equalization recently ruled that...
The Missouri Administrative Hearing Commission...
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The Virginia Department of Taxation (DOT) has...
In a recently issued private letter ruling, the South...
Connecticut Governor Dan Malloy announced an...
TTR, the industry leader in providing accurate,...
The Missouri Administrative Hearing Commission (AHC)...
Several states recently enacted legislation that...
The Virginia Department of Taxation released a ruling...
The New York Court of Appeals, the highest court in...
In a recent general information letter, the Illinois...
The Minnesota Department of Revenue (DOR) has...
On Wednesday, the Internal Revenue Service (IRS)...
The Louisiana Court of Appeals held that sales of...
In Washington, the federal Medical Device Excise Tax...
The California State Board of Equalization recently...
The Texas Comptroller of Public Accounts recently...
The Virginia Tax Commissioner recently issued a...
The New York State Department of Taxation and Finance...
The Missouri Department of Revenue recently issued a...
The Indiana Department of Revenue (DOR) recently...
The Kansas Department of Revenue (DOR) recently...
The Missouri Department of Revenue recently issued a...
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California Governor Jerry Brown signed Assembly Bill...
The New York Department of Taxation and Finance...
Congress is now considering three different bills...
The FCC has released a public notice reminding...
The Washington State Department of Revenue recently...
The Florida Department of Revenue (DOR) recently...
The Hawaii Department of Taxation recently issued a...
The Kansas Department of Revenue (DOR) recently...
The Arizona Court of Appeals recently affirmed an...
Florida has enacted legislation that amends its rules...
The Colorado Department of Revenue recently issued a...
The Tennessee Department of Revenue (DOR) recently...
The Kentucky Department of Revenue (DOR) recently...
TTR is pleased to announce the addition of new sales...
Press Release: MCMINNVILLE, OR--(Marketwire - Aug 14,...
The District of Columbia (DC) Council recently...
The Washington Department of Revenue recently issued...
The Missouri Department of Revenue (DOR) recently...
Massachusetts Governor Deval Patrick recently signed...
The New York Department of Taxation and Finance (DTF)...
Several states will be holding their annual sales tax...
The Massachusetts Department of Revenue (DOR)...
New York's rules for imposing sales tax on dues and...
New Mexico recently amended its Administrative Code...
The Kansas Department of Revenue recently issued a...
MCMINNVILLE, OR -- (Marketwire) -- 07/19/12 -- TTR,...
Several states recently enacted legislation that...
The New Mexico Taxation and Revenue Department...
Nebraska's Department of Revenue (DOR) recently...
The Minnesota Department of Revenue recently issued...
The Oklahoma Taxation Commission recently announced...
The New Jersey Division of Taxation recently issued a...
The Wisconsin Department of Revenue recently issued...
The New Jersey Department of Treasury's Division of...
West Virginia Governor Earl Ray Tomblin recently...
The Missouri Department of Revenue (DOR) recently...
On June 28, 2012, the United States Supreme Court...
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Governor Pat Quinn recently signed into law...
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The Rhode Island Division of Taxation recently...
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The Missouri Department of Revenue (DOR) recently...
The Florida Department of Revenue has published...
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The New York Department of Taxation and Finance...
In a May 31, 2012 letter ruling, the Pennsylvania...
By enacting a temporary moratorium on the enforcement...
The Colorado Department of Revenue recently issued...
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The Arkansas Department of Finance and Administration...
The new federal medical device excise tax, which...
The Missouri Department of Revenue (DOR) recently...
The New York Department of Taxation and Finance (DTF)...
Alabama Governor Bob Riley recently signed House Bill...
The Wisconsin Department of Revenue recently...
The Missouri Department of Revenue recently issued a...
By enacting House Bill No. 4658, Michigan has...
The Administrative Law Division of the Alabama...
On the recommendation of the Tornado Recovery Action...
Texas Governor Rick Perry recently declared three...
The Indiana Department of Revenue recently issued an...
The New York Department of Taxation and Finance (DTF)...
The Wisconsin Department of Revenue (DOR) recently...
The Indiana Department of Revenue has updated an...
The Kentucky Board of Tax Appeals (BOTA) recently...
In a recent notice, the California State Board of...
Governor Steve Beshear signed legislation that...
The Colorado Department of Revenue recently revised...
The Pennsylvania Department of Revenue (DOR) has...
The Washington Department of Revenue recently...
The Louisiana Department of Revenue has issued a...
Technology is evolving faster than sales tax laws....
The Texas Comptroller is reminding all taxpayers that...
On March 28, Florida Governor Rick Scott signed into...
Nebraska recently enacted new legislation providing...
Arizona Governor Jan Brewer recently signed House...
Florida has enacted House Bill 7087 (HB 7087), a...
The Wisconsin Department of Revenue (DOR) recently...
West Virginia recently enacted legislation repealing...
The South Carolina Department of Revenue (DOR)...
Utah recently enacted a sales tax exemption for...
Shon Holyfield, CEO of TTR, Inc., will be speaking...
The Wisconsin Department of Revenue recently issued...
The New York Department of Taxation and Finance...
The Missouri Department of Revenue recently issued a...
The West Virginia legislature recently enacted...
The South Carolina Department of Revenue recently...
Effective April 1, 2012, clothing, footwear, and...
The Kansas Department of Revenue recently issued a...
The Missouri Department of Revenue has issued a news...
The New York State Department of Taxation and Finance...
Responding to a 2011 decision from the Division of...
The Missouri Department of Revenue (DOR) recently...
The Illinois Department of Revenue (DOR) recently...
The New York State Department of Taxation and Finance...
The Virginia Department of Taxation released a ruling...
The Illinois Department of Revenue recently issued guidance...
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The Nebraska Department of Revenue recently provided...
The California State Board of Equalization (BOE) recently...
The Wisconsin Department of Revenue recently issued...
The Utah State Tax Commission recently released a...
Effective March 1, 2012, Texas has restructured its...
The Colorado Department of Revenue (DOR) recently...
The New York Department of Taxation and Finance...
The Missouri Department of Revenue (DOR) recently...
The Colorado Department of Revenue (DOR) recently released...
New York recently enacted legislation, which is set to take...
The West Virginia State Tax Department recently issued...
The Massachusetts Department of Revenue (DOR) recently...
The Missouri Department of Revenue recently issued a...
The Missouri Department of Revenue (DOR) recently...
The Missouri Department of Revenue has issued a...
The Utah State Tax Commission recently amended Utah...
The Illinois Department of Revenue recently issued a...
The Illinois Department of Revenue (DOR) recently...
The Retail Industry Leaders Association (RILA) plans...
The Iowa Department of Revenue recently clarified the...
The California Board of Equalization recently issued...
The Missouri Department of Revenue recently issued a...
The New York Department of Taxation and Finance has...
In a recent Sales Tax Facts Newsletter, the Kentucky...
The Utah State Tax Commission recently issued a...
The Indiana Department of Revenue clarified its sales...
The Virginia Department of Taxation recently issued a...
Iowa recently enacted a sales tax refund for...
West Virginia recently adopted new regulations...
The Texas Comptroller's Office has recently stated...
With a recently enacted sales tax exemption, Maine...
On November 2, 2010, Massachusetts will face ballot...
The Kansas Department of Revenue addressed the...
The South Carolina Department of Revenue recently...
Rhode Island has significantly revised several...
The District of Columbia recently amended its sales...
Companies that have been certified by the North...
The California Board of Equalization...
The Texas Comptroller recently issued a ruling...
Beginning September 1, 2011, retailers who provide an...
Beginning September 1, 2011, the sales price of...
The Missouri Department of Revenue issued a letter...
The Tennessee Department of Revenue has issued a...
Several amendments to Connecticut law that affect the...
On August 1, Governor Deval Patrick signed a bill...
The Kansas Department of Revenue recently added...
In a telephone call with TTR on July 13, 2011, the...
Missouri lawmakers have amended Mo. Rev. Stat. Sec....
By enacting Assembly Bill 28X into law earlier this...
Please join TTR at the 12th Annual TeleStrategies...
On April 27, Georgia Governor Nathan Deal signed...
In a recent policy letter, the Texas Comptroller's...
Arkansas has joined the ranks of the growing number...
With the issuance of a recent General Information...
As states continue to struggle with revenue...
Starting this weekend, Massachusetts residents will...
Turkeys beware. South Carolinian hunters,...
In its quarterly filing with the Securities and...
On Washington's November 2, 2010 ballot, residents...
A 57 year old pizza restaurateur was spared a 7 year...
Many New York shoppers enjoyed an exemption for...
“Question 1” in a November 2010...
The Governor is expected to sign a bill into law...
The Texas Court of Appeals determined that more...
If Senate Bill 6143 is signed by Washington's...
The news continues to speculate on the future of a...
Software as a service is not a new concept. Provided...
As competition increases between Kindle and Apple's...
On March 1, 2010, Colorado permanently eliminated...
While not final, Alabama has submitted a bill to...
In 2008, Indiana ruled that cutting guides sold by a...
Virginia reasoned that the true object of training...
Whatever your thoughts on the health care plan...
Washington recently signed into law an optional tax...
Sales tax is due when purchasing/renting a portable...
California issued State Board of Equalization...
The average sales tax rate in the US is now north of...
Recent legislation aimed at online sellers (Amazon)...
Wyoming House Bill 67 provides a sales tax exemption...
Virginia is working a bill through the state...
Effective October 1, 2009, the definition of "soft...
Columbia plans to increase its current 3% tax on beer...
Massachusetts approved a new 5% tax on satellite...
Kentucky's legislature is in dialogue over imposing a...
The U.S. Supreme Court denied a request by Time...
Section 552 of Speaker Nancy Pelosi's Health Care...
Missouri decided to impose tax on Yoga based on...
The Georgia Department of Revenue ("GA DOR") issued...
The New York Department of Taxation and Finance...
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Portland permits phone companies to do business in...
As of Jan. 1, 2010 Washington will not accept a...
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