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@133 CHAP 7
┌───────────────────────────────┐
│ FEDERAL EXCISE TAXES │
└───────────────────────────────┘
Federal tax laws impose a number of excise taxes on
different types of businesses, products, services and
occupations. These taxes are usually imposed without any
assessment or notice to the taxpayer. Thus, it is up to
you to find out if you are subject to any of these taxes
and, if so, to obtain the proper tax return forms and pay
the tax on time. It is not uncommon for a small business
to operate for several years without the owner ever being
aware of the need to pay federal excise taxes. Then the
day of reckoning comes when a formal notice is received
from the government demanding immediate payment of several
years' worth of back taxes on some particular item subject
to excise tax, plus interest and penalties for not filing
the returns and not paying the tax. This can be a
disastrous surprise, especially since the business owner in
such a situation has not factored into the price of his or
her goods or services the cost of paying the excise.
The following is a brief summary of the major federal excise
taxes that a small or medium-sized business may need to
know about. Some excise taxes, such as those on telephone
service, are not discussed below, since they are passed
along or absorbed by the telephone company or other large
institution with which your company may deal and you have
no obligation to file any returns or make any direct
payment to the government of such taxes.
Federal excise taxes you need to know about fall into the
following major categories:
. MOTOR VEHICLE HIGHWAY USE TAX. This is the excise
tax that the largest number of small businesses are
likely to be subject to. It is imposed on vehicles
of more than 55,000 pounds gross weight. If you
want information about the highway use tax, you
should obtain a free copy of IRS Publication 349.
. RETAILERS--TAXES ON CERTAIN FUELS. The federal
gasoline tax is now 18.3 cents a gallon on gasoline
and 24.3 cents on diesel fuel. In addition, both
of these taxes are increased by 0.1 cent a gallon
to create a "Leaking Underground Storage Tank Trust
Fund." A reduced tax rate applies to qualified
methane and ethanol fuel.
. OTHER RETAIL EXCISE TAXES. Retail excise taxes
are now imposed on sales of:
(a) Heavy trucks and trailers
(b) Tires and tubes
(c) Recreation equipment such as bows,
arrows and fishing rods, reels, lures
and creels
(d) Firearms and ammunition
(e) "Luxury" autos, at a tax rate of 10% of
the retail price that exceeds the threshold
price of $30,000 (after 1990). The $30,000
threshold is indexed for inflation, having
risen to $32,000 in 1994 and 1995, to
$34,000 in 1996, and to $36,000 in 1997.
This tax is being phased out, and the rate
dropped to 9% for the rest of 1996, effective
as of August 27, 1996, and to 8% on January
1, 1997. The tax rate will continue to drop
by 1% each January 1, until it reaches 3%
in 2002, and is completely repealed by 2003.
Other luxury taxes on boats, planes, furs and
jewelry, which also went into effect after
1990, were repealed by the 1993 tax act,
retroactive to January 1, 1993. If you paid
a luxury tax on any such item in 1993, you
should be able to get your money back from
the retailer (NOT from the IRS).
. TAXES ON AIR TRANSPORTATION. If you are in the
business of transporting people by air, you may have
to collect a 10% excise tax. (This tax expired on
January 1, 1996, but went into effect again on August
27, 1996, for the rest of 1996. It will expire again,
unless reauthorized, on January 1, 1997.)
. COMMUNICATIONS. Taxes on telephone and teletype
services.
. WAGERING TAXES. These include both taxes on
gambling and occupational license taxes on gaming.
. TAX ON COAL MINED IN THE UNITED STATES.
. ENVIRONMENTAL TAXES. On petroleum products, various
chemicals and hazardous wastes, including a tax on
ozone-depleting chemicals that was enacted in 1989,
and expanded in 1990.
. TAXES ON ALCOHOL, FIREARMS, AMMUNITION AND TOBACCO
PRODUCTS.
. MANUFACTURER'S EXCISE TAX ON VACCINES. Since January
1, 1988, certain vaccines manufactured or imported
into the U.S. are subject to a new excise tax, in
order to create a Vaccine Injury Compensation Trust
Fund, a no-fault program for compensating persons
who are injured by, or die from, certain vaccines.
[This tax was to have terminated, at least temporarily,
as of January 1, 1993, but has been extended,
permanently.]
. HARBOR MAINTENANCE TAX. This tax is imposed at the
rate of 0.125% of the value of commercial cargo that
is loaded or unloaded at any U.S. port.
Most federal excise taxes are reported on Form 720,
Quarterly Federal Excise Tax Return, the most common excise
tax form. Form 2290 must be filed by owners of trucks and
buses subject to the highway use tax. Environmental taxes
on petroleum and numerous designated chemical substances
must be reported on Form 6627, which is attached to Form
720.
For further information on federal excise taxes, you may
want to get a copy of IRS Publication 510, Excise Taxes.
In addition to federal excise taxes, the various states all
have a number of excise and miscellaneous taxes that apply
to businesses.
@CODE: HI
In Hawaii these include the following major excises:
. ALCOHOLIC BEVERAGE TAXES. Sale of alcohol is heavily
regulated and subject to numerous taxes in Hawaii.
Persons selling such beverages must obtain permits
from the Dept. of Taxation and from the county liquor
commissions. Beverage taxes apply at various tax
rates to distilled spirits, sparkling wine, still
wine, beer, and cooler beverages.
. CIGARETTE AND TOBACCO TAXES. These generally apply
to dealers and wholesalers of tobacco products other
than cigarettes at a rate of 40% of the wholesale
price. The tax on cigarettes is 3 cents per cigarette.
A license or permit must be obtained to sell such
products, from the Hawaii Department of Taxation.
. STATE AND LOCAL FUEL TAXES. The state of Hawaii
imposes a 16 cents per gallon tax on gasoline, and
the various counties impose their own taxes at varying
rates. Total state and county gasoline tax rates
range from 24.8 cents a gallon in Hawaii County to
32.5 cents a gallon in Honolulu County (26 cents in
Kauai; 29 cents in Maui). In addition, there is a 1
cent per gallon state tax on aviation gas and other
state and county taxes on LPG and various off-highway
fuel uses.
. TRANSIENT ACCOMMODATIONS TAX. This is a 6% tax
on revenues of hotels, motels and other transient
accommodations. It applies IN ADDITION TO the 4%
G.E.T., to such revenues. Taxpayers subject to this
tax must register with the Department of Taxation, on
Form GEW-TA-RV-3. Monthly or less frequent returns
are required, depending on the amount of the annual
tax liability.
. REAL ESTATE CONVEYANCE TAX. Another important excise
tax in Hawaii is the tax due on sales of real property,
imposed at a rate of 10 cents (formerly 5 cents)
per $100 of sales value. It also applies to the
capitalized values of leases with an unexpired term
extending more than 5 years, capitalized at