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San Francisco’s New Gross Receipts Tax Effective January 1, 2014 Last November, San Francisco voters passed Proposition E, The Gross Receipts Tax and Business Registration Fees Ordinance (“Gross Receipts Tax”). The changes go into effect on January 1, 2014, but it is important to be aware of the new tax and how it will affect your business. In short, a phasing out of the current payroll tax will begin in 2014, and by 2018, all businesses in the City of San Francisco (“City”) will file Gross Receipts Tax returns and pay the annual Gross Receipts Tax, which will be measured by the business’s gross receipts from all taxable business activities attributable to the City. In 2014, affected businesses will pay the Gross Receipts Tax at 10% of the rates approved by voters. This increases to 25% in 2015, 50% in 2016, 75% in 2017, and 100% in 2018.
Under the ordinance, “gross receipts” includes, but is not limited to, “amounts derived from sales, services, dealings in property, interest, rent, royalties, dividends, licensing fees, other fees, commissions and distributed amounts from other business entities.” S.F. Bus. and Tax Regs. § 952.3. Furthermore, “gross receipts includes but is not limited to all amounts that constitute gross income for federal income tax purposes.” Id. This means that federal gross income likely will be the starting point for San Francisco’s Gross Receipts Tax calculation purposes, but the entire universe of what constitutes “gross receipts” is unclear. If you need assistance analyzing your assessment or filing an assessment appeal, please feel free to contact one of the Winston & Strawn lawyers listed below.
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