Virginia Rules Internet Video Streaming is Not Subject to Communications Sales and Use Tax

Thursday, February 14th, 2013

 
 
Share
Link
Virginia
General

The Virginia Department of Taxation (DOT) has recently released a ruling determining that providing video content over the Internet is not subject to Virginia's communications services tax. Va. Rul. of the Tax Commr. No. 13-17 (Feb, 5 2013).

The taxpayer submitted a letter to the DOT requesting a correction of the communications sales and use tax assessments. The taxpayer provides an Internet-based service that allows its customers to search for, select, and view television and video content through the taxpayer's website. The taxpayer argued that the service it provides is not subject to the communications sales tax because it is not a communications service; rather, it is a "digital product, delivered electronically," which is expressly excluded from the communications tax. See Va. Code sec. 58.1-648(C)(viii).

The Commissioner agreed with the taxpayer and determined that the transactions at issue were, indeed, sales of digital products that were delivered electronically. Virginia specifically excludes "digital products, delivered electronically" from communications services on which communications tax is levied, and, therefore, the content provided by the taxpayer is not subject to this tax. See Va. Code sec. 58.1-648(C)(viii). Accordingly, the Commissioner granted the taxpayer's request for a correction of the communication sales and use tax assessments.

The Commissioner also addressed whether a previous ruling, Public Document No. 08-64, provides any basis for taxation of the service in question. See Va. Rul. of the Tax Commr. No. 08-64 (May 19, 2008). The Commissioner decided to overturn the portion of that earlier ruling that distinguished between digital products that are downloaded electronically and charged to customers on a monthly recurring basis and those digital products that are downloaded electronically and customers are charged a one-time fee. Now the DOT sees no distinction between digital products that are downloaded electronically based on the nature of the payments. Thus, the earlier ruling provides no basis for assessing tax on the taxpayer's sale of content to its customers.


About TTR

Transaction (buying or selling things), Tax (the tax on this activity), Resources (our people, our website, our support services) - TTR, Inc.

TTR has a website that companies subscribe to and use daily. This website provides a list of everything that can be bought or sold in the U.S. It provides simple answers to whether buying or selling these items is taxable (subject to a sales tax or other tax), and it provides all the legal authority to support these tax answers.

TTR likes to keep things simple and fun, which is why it has great people who provide help to clients on any support questions they have about transaction tax issues.

Please visit TTR on the web at www.ttrus.com or call 866.578.8193.

Vehicles Used to Transport Materials between Facilities...

Wednesday, August 15th, 2018 -The Arkansas Department of Finance and Administration recently ruled that a vehicle used to transport in-proce...

Economic Nexus in Washington

Monday, August 13th, 2018 -Effective October 1, 2018, certain out-of-state businesses will be required to collect and pay Washington sale...

Economic Nexus in Michigan

Thursday, August 9th, 2018 -Effective October 1, 2018, certain out-of-state sellers will be required to collect and pay Michigan sales or ...

Georgia Suspends Tax on Jet Fuel

Wednesday, August 8th, 2018 -Effective August 1, 2018, Georgia no longer collects state level sales and use tax on jet fuel. Georgia tax...

Employment Services Contracts for Permanent Employees Not...

Monday, August 6th, 2018 -The Ohio Board of Tax Appeals recently addressed whether contracts entered into by an employment services agen...

Alarm Systems and Monitoring Not Taxable in Missouri

Wednesday, August 1st, 2018 -The Missouri Department of Revenue recently released a ruling determining that (1) security, fire, tornado, an...