Year end through tax season: planning, catch-up bookkeeping, W-2s & 1099s and refund advancesYear-end & tax season

Messy books

Behind on Sales Tax Returns

Sales tax you collected belongs to the state from the moment the customer pays it. Missed returns are rebuilt from the sales records, period by period, and filed.

How businesses fall behind

  • A return was skipped in a slow month, on the assumption that no sales meant no return
  • Tax was collected and went into the general account, then got spent
  • Sales began before a retail license was in place
  • The business sells in several counties and applied one rate to everything
  • Online or out-of-state sales grew past the point where other states expect registration
  • A marketplace collected tax on some sales and the owner assumed it covered all of them

In South Carolina, a return is generally due for every period a license is open, including periods with no sales. A run of unfiled zero returns is a common and easily fixed version of this problem.

Why it matters

Like payroll withholding, sales tax collected from customers is held on behalf of the state. Late returns bring penalties and interest, and the Department of Revenue can estimate what you owe if no return arrives. An estimate made without your records is rarely in your favor.

It also blocks other things. An outstanding sales tax account gets in the way of renewing a license, selling the business, or closing it properly.

How we rebuild it

  1. Confirm which periods are open on the state account
  2. Rebuild sales for each period from point-of-sale, invoice, processor and marketplace reports
  3. Separate taxable sales from exempt and out-of-state sales, with the support for each
  4. Apply the correct state and local rate for where each sale was delivered
  5. Take out sales on which a marketplace already collected and remitted the tax
  6. Compare the tax due with the tax actually collected
  7. Prepare and file the returns, oldest period first

The comparison in step six is worth doing. If more tax was collected than was due, that still has to be dealt with. If less was collected than was due, the shortfall is now a cost of the business.

If you were never registered

Selling without a license is fixed by registering and filing for the periods you were open. Coming forward before the state contacts you is generally treated more favorably than being found, and the state has a voluntary disclosure process for businesses in that position. We go through the options before anything is filed.

Our sales and use tax filing service covers the ongoing returns, and the South Carolina sales tax guide explains the rules. Where a matter with the Department of Revenue needs professional representation, it is handled by the independent licensed CPA we work with. See also SCDOR tax issues.

Frequently asked questions

Do I have to file a sales tax return if I had no sales?

In South Carolina, generally yes. A return is expected for each period the retail license is open, even when there were no sales. Missing zero returns can be filed late to bring the account current. See sales and use tax filing.

I collected sales tax and spent it. What happens now?

The returns still need to be filed, and the tax, penalties and interest become a balance owed to the state. Filing first establishes the correct figure. How it is paid is worked out from there.

Does the marketplace I sell through handle sales tax for me?

For sales made through the marketplace, large platforms generally collect and remit the tax themselves. Sales through your own website, in person or by invoice are still yours to collect and report. The books need to separate the two. See e-commerce sales tax nexus.

Can you file back sales tax returns for several years?

Yes. Sales are rebuilt for each period from the sales records and the returns are filed oldest first. It is usually done alongside the bookkeeping cleanup, because both come from the same records.

Not the question you had? The full tax FAQ covers more ground, and our client reviews say what the work is actually like.

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Part of Messy Books Help, alongside our catch-up bookkeeping service.

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