Professional Documents
Culture Documents
Panel Discussion
2005 SEATA Conference July 12, 2005
Overview
Overview of VoIP Technology Explore State and Local Tax Issues
Definitions Nexus Sourcing
Review Federal Tax Legislative Initiatives impacting the state and local taxation of VoIP
Quick Refresherterms - IP
IP stands for Internet Protocol. - a universal language allowing devices / computers to communicate. IP is a technique by which information [data, pictures, music, and voice] is digitized into a format suitable for transport on an IP-based network. IP - organized digital information that travels through a network in a sequence or grouping known as packets. IP based networks are often also called packet networks
Wifi PDA
Internet/IP Networks
(100,000+ networks) PBX Gateway
Desktop Telephone
Phone Line
PBX
What is VoIP?
Voice over Internet Protocol is both a technology and a service. The technology is Internet protocol that enables packet transmission over data networks. The service is voice transmission. Voice over IP enables new services to be created. Currently there are two common methods for broadband IP telephony: Hosted applications: the service operates independently of the access network (AT&T CallVantage and Verizon VoiceWing) PacketCable: the service is interlocked with the access network (Digital Phone Service from Comcast and Time Warner)
PSTN
Public Internet
Cable Headend
Router(s)
PSTN
Cable HFC
Public Internet
IVR Center 2
IP PBX
Agent Agent
Center 1
TDM PBX
Agent Agent
IVR
Agent
Agent
Teleworker Agent
Nexus
Does the state or local taxing authority have sufficient nexus with many of the providers of VoIP?
Scripto v. Carson, 362 U.S.207 (1960) Nexus through use of third party contractors Annox Inc. v. Revenue Cabinet, Case No. 03-CI-1605 (Franklin Cir. Ct. March 2005), Upheld a finding by the Kentucky Board of Tax Appeals that
Annox Inc., a switchless reseller, had nexus with Kentucky
America Online, Inc. v. Johnson, Tenn. Ct. Appeals No. M2001-00927-COA-R3-CV (7/30/02) AOL had no physical presence in the state and economic
ties to the state did not equal physical presence.
Confusion over nexus and high tax rates can lead to market advantages
Sourcing a Transaction
What jurisdiction has the right to tax the charge for VoIP service?
Goldberg v. Sweet US Supreme Courts 2 out of 3 rule Determining origination, termination and service address. Area codes, central offices and the Internet Can providers comply Jefferson Lines Getting on the bus Streamlined Sales Tax Agreement Sourcing Rule: a sale of telecommunications services sold on a basis other than a
call-by-call basis, is sourced to the customer's place of primary use. Pooled minutes Service address last default is place of primary use. VoIP calls sold on a call-by-call basis
Applies to all transaction taxes on telecommunication services. Allows States and Localities to require collection of telecommunications taxes.
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