Home     Law Advice     Insurance Advice     Community    
Tax Law : Federal, State and Local Income Taxes, Sales Taxes, etc. For Estate, Gift and Inheritance Taxes, Please Post Under Will, Trusts & Estate Planning
Go Back   FreeAdvice Legal Forum > TAX LAW > Tax Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-05-2005, 10:41 PM
Junior Member
 
Join Date: Apr 2005
Posts: 1
Red face

Gotta love 'em


What is the name of your state? Washington

Snipes! I need help! I just emerged from an excise tax audit and I think I'm about to slip into psychogenic shock. I have a very small software business (basically me and the cat). We create a multimedia software product (audio, video, graphics, code) then sell it to a publisher. The publisher duplicates our product, packages, markets and sells between 5 and 50,000 copies, sending us a (piddling) royalty to supplement our up-front payment.

The State of Washington (God bless 'em) said today that by producing that software I am providing a custom service to that publisher and "I owe an additional 5k in taxes (at the higher service rate) and please remit soon and thank you for your patronage". I cry "fie!" because a custom service is when I write a single specific code to help a single customer. For example, I use if-then routines to help Sam's dog Fido master higher physics. Manufacturing is when I write code that ten thousand college students discover in the back of their textbooks. Pre-written software, in my book. Ironically, the State of Washington called it manufacturing too when I called them ten years ago and asked them, but a whole lot of good that is going to do me now.

The auditor was really no help – he mumbled something about the 5k, then was out the door with a "you'll hear from us". What do I do? I feel like I should be looking for the gun and the stick-up note. Are they right? Jess
  #2  
Old 04-05-2005, 10:47 PM
Senior Member
 
Join Date: Aug 2003
Posts: 1,848
Unfortunately, this seems to be more a legal question than a tax question. Although I am a WA resident, I have little to no excise tax experience. My expertise is in IRS issues.

I would suggest you seek the help of a Tax Attorney licensed in WA to help you sort this out.

Snipes
__________________
This post does not create an agreement to represent you before the IRS, nor does it invoke confidentiality regulations. Postings are based only on the information provided and you should consult a tax professional in your area before relying on information contained in this post.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:21 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.