When I was located in the state of Indiana I went through a state sales and use tax audit. Laws vary by state, but several interesting turns happened.
I really wasn't worried about the audit until the day before the auditor was to arrive he called to say that his district manager was coming along to oversee the audit.
We had a relatively large digital imaging center and I had decided to go against the advice of my CPA and filed an ST-101 with my leasing companies (for the output equipment) and my suppliers of paper, toner and ink jet supplies. I reasoned that the equipment was manufacturing equipment and the supplies were raw materials. We charged sales tax, where applicable, on the value added manufactured product...color copies and digital jet prints, signage, etc.
If the auditor didn't agree with my interpretation of state law, my liability would've been around $ 20,000 with interest and back taxes.
The audit was going quite well and no problems surfaced until this issue came up. I held my breath, said a quick prayer, and explained my stance. The regional manager said, "Oh, I understand, I used to work for R.R. Donnelly (one of the largest printers nationally) and I agree with your interpretation."
Needless to say, I breathed a sigh of relief, but acted nonchalant.
Interestingly enough, Indiana state law considers digital output equipment to be manufacturing equipment, but optically reproducing equipment (for instance, non digital copiers) to not hold the same status.
We hadn't been audited in over thirty years and I ended up with having to write a check for just under $ 400.00 going back 5-7 years. Most of our liability was for some store fixtures I bought and magazine subscriptions I neglected to pay tax on. The auditor shook my hand and congratulated me for running a "clean" operation.
When I asked why we were singled out for an audit, it turned out that we never reported any use taxes and that sent up a red flag. I explained that we bought items used in the office and store through normal inventory vendors and then charged any items used to ourselves costing items out to individual departments. Each month we wrote a check to ourselves paying wholesale cost and charging sales tax accordingly. She said she had never seen anyone do it that way, but it was perfectly legal.
Now I make absolutely sure I include some use tax on several returns through the year!
Dave Makielski