for live program only procurement cards and sales tax...

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WHO TO CONTACT DURING THE LIVE EVENT For Additional Registrations: -Call Strafford Customer Service 1-800-926-7926 x1 (or 404-881-1141 x1) For Assistance During the Live Program: -On the web, use the chat box at the bottom left of the screen If you get disconnected during the program, you can simply log in using your original instructions and PIN. IMPORTANT INFORMATION FOR THE LIVE PROGRAM This program is approved for 2 CPE credit hours. To earn credit you must: Participate in the program on your own computer connection (no sharing) – if you need to register additional people, please call customer service at 1-800-926-7926 ext.1 (or 404-881-1141 ext. 1). Strafford accepts American Express, Visa, MasterCard, Discover. Listen on-line via your computer speakers. Respond to five prompts during the program plus a single verification code. To earn full credit, you must remain connected for the entire program. Procurement Cards and Sales Tax Compliance: Mastering the Complexities THURSDAY, MARCH 21, 2019, 1:00-2:50 pm Eastern FOR LIVE PROGRAM ONLY

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Page 1: FOR LIVE PROGRAM ONLY Procurement Cards and Sales Tax Compliance…media.straffordpub.com/products/procurement-cards-and... · 2019. 3. 21. · THURSDAY, MARCH 21, 2019 Procurement

WHO TO CONTACT DURING THE LIVE EVENT

For Additional Registrations:

-Call Strafford Customer Service 1-800-926-7926 x1 (or 404-881-1141 x1)

For Assistance During the Live Program:

-On the web, use the chat box at the bottom left of the screen

If you get disconnected during the program, you can simply log in using your original instructions and PIN.

IMPORTANT INFORMATION FOR THE LIVE PROGRAM

This program is approved for 2 CPE credit hours. To earn credit you must:

• Participate in the program on your own computer connection (no sharing) – if you need to register

additional people, please call customer service at 1-800-926-7926 ext.1 (or 404-881-1141 ext. 1).

Strafford accepts American Express, Visa, MasterCard, Discover.

• Listen on-line via your computer speakers.

• Respond to five prompts during the program plus a single verification code.

• To earn full credit, you must remain connected for the entire program.

Procurement Cards and Sales Tax Compliance:

Mastering the Complexities

THURSDAY, MARCH 21, 2019, 1:00-2:50 pm Eastern

FOR LIVE PROGRAM ONLY

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Tips for Optimal Quality

Sound Quality

When listening via your computer speakers, please note that the quality

of your sound will vary depending on the speed and quality of your internet

connection.

If the sound quality is not satisfactory, please e-mail [email protected]

immediately so we can address the problem.

FOR LIVE PROGRAM ONLY

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THURSDAY, MARCH 21, 2019

Procurement Cards and Sales Tax Compliance: Mastering the Complexities

Thomas J. Fleming, CPA, MST, Principal

Withum Smith+Brown, Philadelphia

[email protected]

Jennifer Weidler Karpchuk, Senior Counsel

Chamberlain Hrdlicka White Williams & Aughtry, Philadelphia

[email protected]

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Notice

ANY TAX ADVICE IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN BY

THE SPEAKERS’ FIRMS TO BE USED, AND CANNOT BE USED, BY A CLIENT OR ANY

OTHER PERSON OR ENTITY FOR THE PURPOSE OF (i) AVOIDING PENALTIES THAT

MAY BE IMPOSED ON ANY TAXPAYER OR (ii) PROMOTING, MARKETING OR

RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.

You (and your employees, representatives, or agents) may disclose to any and all persons,

without limitation, the tax treatment or tax structure, or both, of any transaction

described in the associated materials we provide to you, including, but not limited to,

any tax opinions, memoranda, or other tax analyses contained in those materials.

The information contained herein is of a general nature and based on authorities that are

subject to change. Applicability of the information to specific situations should be

determined through consultation with your tax adviser.

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Strafford Webinar

March 21, 2019

Jennifer Weidler Karpchuk, Esq.Chamberlain Hrdlicka White Williams & Aughtry

300 Conshohocken State Road, Suite 570West Conshohocken, Pennsylvania 19428

610 – 772 – [email protected]

Procurement Cards and Sales Tax Compliance

Thomas Fleming, CPA MSTWithum Smith+Brown, PC

Two Logan Square, Suite 2001, Philadelphia, Pennsylvania 19103

267 – 238 – [email protected]

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Traditional Purchase Process

1. Requisition →

2. Purchase Order →

3. Invoice →

4. Approval of Invoice →

5. Payment to Vendor.

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P-Cards: Benefits

• Reduce purchasing timeo More rapid payment to vendor

• Reduce administrative costso Especially for “high volume/low dollar” transactions.

o Can save 35-40% on overall internal purchasing costs.

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P-Cards: Common Uses

• Office supplies;

• Services;

• Travel;

• Meals and entertainment.

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How P-Cards Work

• P-card issuer provides single electronic invoice to end-user at least once per month detailing transactions and totals.

• P-card issuer is paid in full at least once per month.

• Organization processes the p-card invoice and creates accounting entries.

• Organization assumes liability for payment.

• Cardholders expected to follow organization’s policies and procedures related to p-card use.

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P-Cards – State Taxation

• No effect on determining taxability of transaction

• Transaction not automatically taxable or exempt

• P-cards have no special tax treatmento Ex. Wisconsin Sales and Use Tax Report No. 2-10, Department of

Revenue (June 1, 2010):

VII. SALES AND USE TAX TREATMENT OF PROCUREMENT CARD PROGRAMS

Purchases made under a P-Card program are not afforded any particular preferential advantage over any other purchasing method and are subject to the same record keeping and record retention requirements outlined in sec. Tax 11.92 of the Wis. Adm. Code.

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Mistakes with P-Cards lead to…

• Underpayments of Sales and Use Tax; and

• Overpayments of Sales and Use Tax.

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Underpayment of Tax –Audits & P-Cards

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• If audited, purchaser must prove:

Sales tax paid in the correct amount to a merchant; or

Use tax self-assessed and remitted to the state; or

The goods or services are exempt from tax

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Underpayment of Tax –Audits & P-Cards

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• P-card transactions generally audited separately

from traditional accounts payable data on a test

basis.

• Auditor uses sample ; deficiencies found are

projected over the audit period

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Underpayment of Tax –Audits & P-Cards

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• Information needed to determine if tax was paid:

Date of purchase

Item/service description

Price

Ship-to-location

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Underpayment of Tax –Audits & P-Cards

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• P-cards have the same requirements as physical

invoiceo Ex. New York – Press Release, New York State’s Policy on Procurement

Cards, Public Information Office, new York Department of Taxation and

Finance (September 11, 1998)

“The Department policy concerning purchases made through the use

of corporate procurement cards (P-cards) is that the record-keeping

requirements for businesses using P-cards are the same as the

requirements if P-cards were not used.”

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Underpayment of Tax –Audits & P-Cards

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• Issue: whether the information provided to card

users on periodic statements from the card issuer

regarding purchases made with p-cards is sufficient

documentation to evidence the correct amount of

state and local sales or use tax was collected on

the transaction at the time of the sale.

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Underpayment of Tax –Audits & P-Cards

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• Audit Issues with P-Cardso Ex. Pennsylvania – Sales and Use Tax Audit Manual, Pa. Department of

Revenue – Bureau of Audits, ch. 3(E)(3)(c)(iv), 06/12/2012.

Audit issues regarding the use of p-cards include:

• A purchase order is not used.

• The monthly lump sum payment made to the credit card company is

for multiple purchases to multiple vendors and does not include

transactional level detail necessary for audit purposes.

• Vendor source documents identifying an item description, purchase

price and sales tax charged are often not maintained or readily

accessible.

• A single payment may be assigned to several accounts and cost

centers.

• Organizations are replacing checks with purchasing cards and

automating the payment to the supplier complication proof of

payment related to the individual purchases.

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Underpayment of Tax –Audits & P-Cards

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• Audit Example – Indiana – Letter of Findings No. 04-

20130690P, Indiana Department of Revenue, May 28,

2014o Facts:

• Sales and Use Tax audit;

• Employees made purchases to perform work via company p-cards;

• Taxpayer maintained p-card policy and procedure to ensure sales and

use tax was properly paid or remitted;

• Could not provide source documents for 1.6% of audit sample;

• Auditor determined that taxpayer purchased some TPP via p-cards

without paying sales and use tax.

• Department assessed 10% negligence penalty.

o Holding: 10% negligence penalty abated.

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Overpayment of Tax –How? Why?

• Online sellers

• Accounts Payable

• Distance

• Relationship between suppliers and manufacturers

• Exemptions

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Overpayment of Tax –How? Why?

• Exemptions:

States that do not assess sales tax

Exempt purchasing entities

Purchases enumerated as exempt

Uses for purchases that are exempt

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Overpayment of Tax –How? Why?

• States that do not assess sales tax

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Overpayment of Tax –How? Why?

• Exempt purchasing entities

o Federal, State and Local Government

o Non-profit Organizations

• Purchases Enumerated as Exempt

o Vary state to state

o Complex, inconsistent, or confusing treatment of items

• Examples:

o Unprepared foods

o Snickers vs. Twix

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Overpayment of Tax –How? Why?

• Uses for Purchases that are Exempt

o Raw materials used in manufacturing;

o Components that are resold as part of integrated system

o Machinery and equipment used directly in the

manufacturing process

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P-Cards: Compliance Issues

• When is the purchase/sale deemed to be made?

→ Upon transfer of title?

→ Date goods transferred or services rendered?

→ At the time of charge?

• Keep receipt information and packing slips/shipping

documentation.

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P-Cards: Compliance Issues

• Exemption Certificates

o Use of the proper exemption form

• State specific?

• Multi-jurisdictional?

o Resellers

• Single transaction?

• Blanket certificate?

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P-Cards: Compliance Issues

• Technology

o Equipment and technology necessary to capture

transaction-level detail is not commonplace among

vendors.

o Generally processed using three different types of systems:

1. Customary retail credit or charge card systems;

2. Intermediate-level systems; or

3. System in which required information is captured and

subsequently provided to the card issuer.

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P-Cards: Non-Compliance

Can lead to…

o Penalties

o Interest

o Revocation of business license/authority to conduct

business in the jurisdiction

o Trust Fund Tax

• Officer liability

• Successor liability

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Approaches to Deal with Documentation Issues

• Manual Review and Verification

• Estimation Methodso Higher risk, less expenditure

• Managed Audits/Managed Compliance

• Direct Pay Permit with Vendors

• Accrue Use Tax on all P-Card Transactions

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Best Practices

• Establish procedures for tax compliance

• Sales and use tax training for P-card employees

• Establish good recordkeeping guidelines

• Open communication

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Jennifer Weidler Karpchuk, Esq.Chamberlain Hrdlicka White Williams &

Aughtry300 Conshohocken State Road, Suite 570West Conshohocken, Pennsylvania 19428

610 – 772 – [email protected]

32

Thomas Fleming, CPA MSTWithum Smith+Brown, PC

Two Logan Square, Suite 2001, Philadelphia, Pennsylvania 19103

267 – 238 – [email protected]

Questions?