While architects and engineers are generally not subject to most transaction-level taxes such as sales taxes, they’re often subject to gross receipts taxes which have a broad base and few exceptions or deductions.
Identifying when a service may be subject to gross receipts taxes in advance of starting to do business in a new state may be helpful because it may factor into the business' pricing or fee structure established for the project.
Furthermore, gross receipts taxes have different sourcing methods which may look at either where the project is located or where the work is performed. Understanding how the tax is applied and how sales are sourced to any given state may be helpful in tax planning and strategy.
Income tax considerations for sourcing sales
Income tax sales factor sourcing is used by states to determine how much of a business' income is subject to state income tax. The sales factor is calculated based on the ratio of sales in a state to total sales, but the rules on how to determine sales in a state can vary. Some states use cost of performance, which sources sales based on the location of direct costs associated with a contract, while others use market sourcing, which sources revenue based on where the customer receives the benefit.
Market sourcing is becoming increasingly common, with many states now using this method to source revenue to the location of the project. However, many architects and engineers are still using cost of performance and sourcing all revenue to their physical locations. This approach could lead to exposures in states that use market sourcing and in which the architect or engineer has projects.
Nexus considerations
Nexus is a legal term that refers to a connection between a taxpayer and a state, and it must be established before a state can legally impose tax. Nexus can be established through physical presence, such as having an office location, remote employees, or traveling to job sites. Nexus can also be established through economic presence, which is generated by revenue from job sites in a state, even if there’s no physical presence.
Understanding nexus is an important consideration for architects and engineers who have jobs in multiple states. Failure to comply with state tax laws can result in penalties and fines. By taking a proactive approach to nexus, architects and engineers can avoid potential exposures and ensure they are following state tax laws. This may include reviewing their business activities in each state, tracking revenue associated with job sites, and understanding the revenue thresholds for economic nexus.
Pass-through entity tax (PTET) elections
Making a state pass-through entity tax (PTET) election can offer significant benefits for architecture and engineering firms. This election allows eligible entities to circumvent the $10,000 cap on state and local tax (SALT) deductions imposed on individuals.
By opting for the PTET election, the entity itself pays the tax, enabling a full federal tax deduction of state taxes at the entity level, potentially leading to significant tax savings. Additionally, the PTET election can offer enhanced flexibility in tax planning through intentional timing of the payments. Caution should be exercised, as some states impose strict requirements in timing and manner of PTET elections, and it’s important to work with tax advisors to meet various eligibility rules.
Consumption based services
Sales and use taxes are generally imposed on the sale of tangible personal property and certain services. Generally, the only states that impose sales or use taxes on the sale of architectural and engineering services are Hawaii, New Mexico, and South Dakota. For that reason, architects rarely see sales tax applied to their core design services.
While architectural and engineering services are generally not subject to sales taxes, there are a few states that do impose sales tax on most services. Additionally, architects must manage sales and use taxes on purchases of materials, software, and certain subcontracted services.
Understanding the nuances of these taxes is crucial for maintaining compliance and improving project costs. A common issue is that architects and engineers are often either overpaying or underpaying sales or use tax on their digital products are used across multiple states.
For these reasons, establishing a process for the company to manage sales and use tax issues on purchases as part of the accounts payable processing can often reduce risk of over- or under-payment.
Identifying potential sales and use tax obligations early in the project planning phase can also help architects and engineers avoid unexpected costs and ensure proper tax treatment, aiding in accurate budgeting and financial planning.