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madRooster

US Sales Tax Liability Still There

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Im starting to find it comical that WHMCS pays no attention to the tax laws in the US where their biggest market is. By not making configurable options be their own line item on the invoice and have the ability to make them individually taxable, that are putting many US hosting companies in violation of local tax laws.

 

You might say use Addons instead of configurable options. The issues is Addons do not allow quantities.

 

But for example, in TN, AZ and GA, we are support to charge sales tax on any software license we sell. We need quantities for things like Microsoft CAL Licenses.

 

I know many other states have this same law, including Texas where WHMCS is located. But WHMCS does even collect sales tax on their licenses, even though they should if the software is being installed on a server in TX. Maybe turning them into the Texas Sec of State, so they are audited will get their attention on the fact they need to fix this.

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Create a hook, problem solved.

WHMCS isn't going to be able to hold your hand with every single tax law. That's not the point of the software.

Create an addon or a hook that will do what you're looking to do.

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The problem is the hook does not work when an invoice is created from the cron, The hook sets the tax flag, but does not add the tax to the invoice, so problem is not solved.

 

As we are looking at expanding into a Dallas Datacenter, I had a very nice talk with the Texas Comptroller today about the exact sales tax laws in Texas and they were very interested in the fact that one of our vendors was not collecting sales tax on software if the software was installed on hardware in Texas. So Im guessing someone from WHMCS will have a nice little phone call with someone very the comptroller's office very soon.

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I know many other states have this same law, including Texas where WHMCS is located.

it may well have an office in Texas, but isn't WHMCS fundamentally a British company registered in the UK?

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No, they are LLC in state of Texas, filed as WHMCS, LLC as per the state's comptroller website.

I suspect the answer is they're registered in both US and UK for various business/tax reasons - certainly Matt has previously told me that it's a UK company with a US presence... and as he owns 51%, he really ought to know. :)

as to whether they've broken Texas Tax laws, I have absolutely no idea or interest... I think I feel the same about them as some Americans on here felt about the EU VAT rules!

 

https://beta.companieshouse.gov.uk/company/06265962

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But WHMCS does even collect sales tax on their licenses, even though they should if the software is being installed on a server in TX.

 

Yes, collecting state tax is a must. However, I do not believe the law broken in the case of WHMCS. Please correct me if I am wrong but if WHMCS receives $100 or 1000 WHMCS pays the state tax to the state based on the amount received regardless if it shows on the receipt.

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Yes, collecting state tax is a must. However, I do not believe the law broken in the case of WHMCS. Please correct me if I am wrong but if WHMCS receives $100 or 1000 WHMCS pays the state tax to the state based on the amount received regardless if it shows on the receipt.

 

I can not say on Texas law as we do not operate there yet, but I know in TN and AZ if you do not list the tax as a line item on an invoice or notify the client that Tax is included in the price you are breaking the law. Any tax that is collected has to be clearly declared to the end user. So I tell a client $100 including tax, I either have to say this on the invoice or I have to make the price $91.12 with a tax of $8.88 (Tax rate in TN 9.75%) anything less than that they consider deception and people in TN have gone to jail for it.

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I know in TN and AZ if you do not list the tax as a line item on an invoice or notify the client that Tax is included in the price you are breaking the law. Any tax that is collected has to be clearly declared to the end user. So I tell a client $100 including tax, I either have to say this on the invoice or I have to make the price $91.12 with a tax of $8.88 (Tax rate in TN 9.75%) anything less than that they consider deception and people in TN have gone to jail for it.

 

Excellent clarification. I will keep this in mind if I ever claim nexus in TN or AZ.

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