Sales Tax in Mississippi: Rates and Terms Explained
75 SHARES Sales tax is a form of sales tax paid to the government by retailers when they make taxable sales.
A user friendly guide for business on rates, exemptions and registration.
If you have a business in Mississippi, it's important to make sure you're collecting just the right amount of sales tax. This guide will explain what you need to know about how sales tax works in Mississippi, who is required to collect, ande what constitutes taking “physical presence” in a state.
What is taxable
Mississippi imposes tax upon the retail sale of tangible personal property and certain services. Common taxable items include sold goods, prepared food and select services. There are exemptions for groceries, prescription drugs and certain manufacturing or agricultural inputs, they point out, but those exemptions come with conditions and requirements for documenting them.
Mississippi sales tax rate structure
Mississippi has a base sales tax rate that is statewide, and it permits local jurisdictions (cities and counties) to add up to an extra two percent in local option taxes. So the overall tax rate on a sale can differ based on where the buyer is. Since local rates are tacked on, the crucial number is the combined rate for each delivery address or point of sale.
Determining the correct rate
For purposes of collecting the right amount of tax, businesses need to determine the appropriate taxing jurisdiction for each sale. The tax rate is determined by where the sale originates under Mississippi rules. For face-to-face sales, the rate is generally determined by where the sale takes place. The shipping address usually governs the tax rate for delivered goods. Maintain accurate address-level data to apply the "true" combined state/local rate.
Registration and permits
All businesses that sell taxable goods in Mississippi must register with the state’s Department of Revenue to get a sales tax permit — also called seller’s permit. Registration results in the business being registered as a collector of sales tax and assigned an account number. After registering, the company is required to collect tax from your customers and file returns and remit collected taxes on a frequency schedule determined by the state.
Collection responsibilities
At the time of sale, the seller is responsible for computing the amount of tax due and itemizing it on receipts or invoices, and then is obliged to collect that amount from the purchaser. The tax collected isn’t the seller’s revenue but is money that belongs to the state and local taxing authorities, held in trust by the seller.
Tax reporting and revision requirements
The track of goods, the exemptions, and sales tax collected are critical to back-up filings and audits.
Filing frequencies and returns
Frequency of filing (monthly, quarterly, or annually) depends on the number of taxable sales and how much tax was collected. New registrants may be provided with a schedule of initial filings, and the State has discretion to adjust the frequency of filing according to activity. Returns shall reflect taxable sales, exempt sales, and tax collected. When filing its return, a business pays the net tax due in respect of the reporting period.
Exemptions and resale certificates
There are some transactions that are exempt from sales tax. There are common exemptions for resale (when the purchaser buys on goods to resell), qualifying manufacturing or agricultural purchases, and some non-taxed services. To claim an exemption, purchasers generally must give the seller a completed exemption certificate or resale certificate. Anyone who takes ownership of the tax-exempt fuel should get and keep these certificates.
Nexus and remote sales
Nexus is the tie between a business and a state that requires the business to collect and hand over this tax. “Nexus” may be physical (i.e., a store, warehouse) or economic (based on sales volume or the number of transactions into the state). Out-of-state sellers that are engaged in business in Mississippi to a sufficient degree may be required to register, collect, and remit Mississippi sales tax. Nexus thresholds and sales into the state must be tracked to determine a company's nexus responsibility.
Marketplace sales considerations
The collection obligations may be influenced by how the sales are made through third-party marketplaces. Depending on the rules, the marketplace facilitator or the individual seller may be responsible for collecting and remitting tax. Marketplace sellers should communicate with marketplaces to establish responsibilities for collection and keep records of how they’re treating marketplace sales.
Recordkeeping and audits
Good recordkeeping is fundamental. Keep all sales records, invoices, exemption certificates, bills of lading/certified invoices for freight and shipping charges and copies of filed returns for the time period required by law. If there is an audit, these records show that they are in compliance. Internal reviews at regular intervals can detect mistakes before they metastasize and shrink the probability of being audited.
Penalties, interest, and corrections
Penalties and interest may apply if you do not register, collect, file or remit as required. If you find an error, file a Corrective Returns and pay the tax due upon discovery. Voluntary corrections could limit exposure to penalties Even more:37.4% = Each % difference between attempts and completed passes-0.5 per. Know the typical penalty regimes (e.g., late filing penalties and interest on unpaid tax) to take account of these risks in compliance efforts.
Practical compliance tips
- Register with the state early: If you plan to make taxable sales, get ahead of the game and register before any sales start.
- Automated rate lookup: Employ proven and current rate lookup mechanisms based on the shipment’s delivery address to ensure accurate tax calculation.
- Gather and retain exemption certificates: Establish a method to collect certificates, then secure them once collected.
- Reconcile it monthly: Regularly compare collected tax to remitted tax and sales ledgers to prevent errors.
- Track the nexus triggers: Keep track of sales into Mississippi and physical presence that may give rise to nexus.
- Train staff: Make sure your employees know when to collect tax and what to do with exempt sales.
When to seek professional advice
Sales tax laws can be convoluted, especially when it comes to exemptions, nexus and sourcing rules. If your business involves complicated transactions – sales of mixed goods and services, deliveries across state lines, exemptions for manufacturing, changing location or sales volume – use professional help to ensure you are in compliance and don’t make an expensive mistake.
Conclusion
Selling things in Mississippi is subject to its sales tax requirements, where sellers are required to collect a 7% sales tax from the purchaser on purchases of most tangible products. By ensuring timely registration, sound record-keeping, strict nexus and filing schedules adherence, and adopting standardized methods for rate determination and exemption documentation, businesses can minimize risk while maximizing growth. Enable the readiness to the changing regulations and update policies, and review procedures from time to time.