Martin Silver, PS

Attorney at Law

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INTEREST RATES for STATE EXCISE TAXES for CALENDAR YEAR 2015

November 29, 2014 by Martin Silver

Clients who are appealing a state tax audit to the Department of Revenue’s appeals division sometimes ask me whether they should pay the items in the audit report that they do not dispute.  They reason that this will save interest and it may improve their position before the appeals division.  Unless I am asked to… CONTINUE

Filed Under: State Audits, State Tax Appeals, State Tax News

Taking a Washington State Reseller Permit not the Only Way to Qualify for Wholesale Reporting

October 6, 2014 by Martin Silver

It is the position of the Department of Revenue that a taxpayer must have taken a Washington State reseller permit (or, before January 1, 2010, a resale certificate) from its customer to qualify its reporting for B & O as wholesale.  Rule 102 provides that: The seller has the burden of proving that the buyer… CONTINUE

Filed Under: State Audits, State Tax Appeals

IRS 1099-K Increases Risk of Washington State Sales Tax Audit

August 3, 2014 by Martin Silver

In 2008 Congress enacted legislation requiring institutions  processing credit cards for businesses that take cards in exchange for goods or services to give such businesses a IRS 1099-K form annually, and to furnish the IRS with a copy of the form.   Section 6050W (which was added to the Internal Revenue Code by the Housing… CONTINUE

Filed Under: State Audits, State Tax News, Tax News

Confusion and Expense for Small Businesses Dealing with Washington Cities’ B & O Taxes

January 14, 2014 by Martin Silver

The Association of Washington Cities states that as of October 2007 approximately 188 cities required a local business license (including the 40 with a city B & O tax).  The city B & O taxes, like the Washington Sate B & O taxes are levied at a percentage rate on the gross receipts of the… CONTINUE

Filed Under: City Audits, City Tax Appeals, City Tax News, Tax News

Unsure if You Have to Collect Washington’s Sales Tax on Your Service Activities? – You May not be Alone.

December 19, 2013 by Martin Silver

Businesses that provide services generally know whether or not they are required to collect sales tax.  But sometimes there are cases where the law is unclear whether or not sales tax must be collected.  Often, in fact, the Department of Revenue may treat taxpayers within the same industry differently, ruling in some cases that a business must collect… CONTINUE

Filed Under: State Audits, State Tax Appeals

Court Rejects City of Seattle Overreaching

December 12, 2013 by Martin Silver

            Many businesses are surprised not only that the City of Seattle has a tax on business receipts to begin with, but that the City of Seattle attempts to extend its taxing authority so far. This article looks at one case in which the courts drew a line – a case involving the well know… CONTINUE

Filed Under: City Audits, City Tax Appeals

The Continuing Debate Over Defining Taxable Income – Getty Images (Seattle), Inc. v. City of Seattle and Klein Honda v. State of Washington

November 12, 2013 by Martin Silver

In 1960, the US Supreme Court ruled that when Mr. Berman gave his friend, Mr. Duberstein, a Cadillac to thank him for some business referrals, Mr. Duberstein (who thought he had received a gift and did not report it as income) had to include the car in income as taxable compensation.  The Supreme Court said… CONTINUE

Filed Under: Audits, City Tax Appeals, State Tax Appeals, Tax Appeals, Tax News

RETAILERS: DON’T RISK LOSING THE NON-RESIDENT SALES TAX EXEMPTION

October 1, 2013 by Martin Silver

Retailers selling in areas of Washington State with high tourist traffic often make sales to nonresidents who claim they are exempt from Washington sales tax.  While a retailer is not required to make a sale without charging tax, most find it is good business to do so.  But, while it is easy to give the… CONTINUE

Filed Under: Audits, State Audits, Tax News

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About Martin Silver, P.S.

Licensed to practice before the U.S. Tax Court and Washington State and Federal Courts.

Widely recognized authority and lecturer in State, Local and IRS tax matters.

Author of Washington Taxes: Representing Taxpayers Before the Washington Department of Revenue (Butterworth Publishing, 1992), and numerous articles.

"AV" rated by Martindale-Hubbell, the nation's most recognized legal directory.

Contact Us

Martin Silver, P.S.
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393

(206) 224-3461 phone
(206) 224-3459 fax
msilver@wolfenet.com

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1420 Fifth Avenue, Suite 3000, Seattle, WA 98101-2393 | Phone: (206) 224-3461 | Fax: (206) 224-3459 | Email
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