Building Systems: Construction Reinvented

Construction Reinvented.

Modular Sales and Use Tax Advise and Representation

As a practicing attorney with a specialty in the laws that affect the modular industry and as the former Executive Director of The Modular Building Systems Association for nearly 17 years, I have had the opportunity to see how costly mistakes in collecting and remitting sales tax can be to a modular manufacturer who does not understand the process in every state they do business in. And each state has its differences in how modular sales tax should be computed, collected and paid. In most cases, the amount of tax you owe is dependent on how you structure your sale. And a mistake in the way you structure your transaction, can be extremely costly

A major factor contributing to the confusion on how modular sales and use tax is determined is the fact that, in most states, the sale and use tax laws were written before the modular housing industry existed. In some states, the law has been changed to codify and clarify how modular homes are taxed. Unfortunately, in many of the states where the law has been changed, there has not been a uniform approach, and so today you have a patchwork of state laws, where every state law is different. And for the states where no law change has been made, there are various agreements between the industry and the state as to how tax should be paid, depending on how the home is sold and installed and by whom.

The modular building systems Association has been instrumental in representing the industry as states review their tax laws. There is still much to do and many states where the tax laws need to be changed.

If your company is currently involved in a tax dispute with a state as how you have collected and paid sales and use tax in past years, and needs competent legal representation, feel free to give me a call. If you would like to have your current tax payment method reviewed for each state you do business, I am available to help in that regard as well. If you are involved in a legal dispute, I know your industry and the laws that regulate your taxes. If you have not been audited, don’t wait until you are, to find that you are not collecting tax in the property way.

Steven R. Snyder, Esquire
Attorney at Law
4292 Emily Drive
Harrisburg, PA 17112
(717) 695-2271
Fax (717) 695-2279
Cell (717) 805-1021
steve_law@comcast.net
www.steveonyourside.com

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Hi Steven

Thank you for sharing this useful information with us.


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