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Ohio Tax - Manufacturers' Education Council

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2011 <strong>Ohio</strong> <strong>Tax</strong> Conference<br />

<strong>Ohio</strong> Commercial Activity <strong>Tax</strong> (CAT) Audit Experiences<br />

Appendix A<br />

GROSS RECEIPTS<br />

1. Warranty allowance<br />

<strong>Tax</strong>payer received an allowance for handling warranty repairs for the manufacturer. The taxpayer<br />

accounted for the receipts in its warranty expense account. The Department determined that the<br />

receipts were taxable and picked up 100% of the allowance (no deduction for expenses).<br />

2. Co/op advertising<br />

<strong>Tax</strong>payer received cash from manufacturers for placing the manufacturer’s products in the<br />

taxpayer’s weekly advertisements. The taxpayer accounted for the receipts as offsets in its<br />

advertising expense account. The Department determined that the receipts were taxable and<br />

picked up all amounts received from the manufacturers (no deduction for expense).<br />

3. Recycling receipts<br />

<strong>Tax</strong>payer recycled the cardboard boxes that it received when purchasing products from its<br />

manufacturers/suppliers. The taxpayer accounted for the receipts received from the recycler as<br />

other income. The Department picked up the entire amount of recycling receipts.<br />

4. Pass-through of Freight<br />

The taxpayer sold and delivered stone to its customers charging separately for the stone and the<br />

delivery. The taxpayer hired third parties to deliver the stone. The taxpayer used the following<br />

accounting entries:<br />

Account Debit Credit<br />

Time of sale:<br />

A/R 105<br />

Sales 100<br />

A/P (Delivery) 5<br />

Payment from customer:<br />

Cash 105<br />

A/R 105<br />

Payment to delivery vendor:<br />

A/P (Deliver) 5<br />

Cash 5<br />

The taxpayer argued that the amount for freight was just a pass-through to the delivery vendor.<br />

The Department determined that the taxpayer did not have an agency relationship with either the<br />

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