The Byhalia Tourism, Parks and Recreation Tax is no longer in effect as of July 1, 2021.
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Effective March 16, 2021, the 25-year settling agreement between the State of Mississippi and Liggett and Myers Inc. has expired. The NSM Fee of $1.76 for each NSM cigarette will now be due on all cigarettes received from Liggett & Myers, Inc.
72-21-02 Notice to Tobacco Wholesalers Regarding Settling Manufacturers
The notice has been update to include language that will allow professional loggers to use the affidavit to receive the reduced rate.
House Bill 1088, as passed by the 2020 Mississippi Legislature, authorizes individuals to purchase wine from a winery and have the wine shipped directly to a permitted package store. Each person is limited to no more than ten (10) cases of wine per year. This bill does not allow purchases of wine from out of state package stores or other online retailers.
Mississippi Sales Tax will no longer be due on the sale of food through third-party delivery services where the delivery service allows customers to order food to be delivered from a restaurant of the customer's choosing and pay for the food through the delivery service's app or website.
Notice 72-20-09 Food Delivery Services
Senate Bill 2362 passed during the 2020 Regular Session amends the Modernization Act from House Bill 1 of the 2018 Extraordinary Session to provide that the base expenditure provision be recalculated to exclude grant and loan proceeds. Please see the following link for additional information:
72-20-07 Notice of Modernization Base Expenditure Calculation Adjustment
House Bill 379 of the 2020 Regular Session creates the Mississippi Marketplace Facilitator Act of 2020. This act defines a marketplace facilitator as any person who facilitates a retail sales by a seller by:
(i) Listing or advertising for sale by the retailer in any forum, tangible personal property, services or digital goods that are subject to tax under Mississippi sales tax law; and
(ii) Either directly or indirectly through agreements or arrangements with third parties collecting payment from the customer and transmitting that payment to the retailer regardless of whether the marketplace provider receives compensation or other consideration in exchange for its service.
House Bill 379 additionally provides that sales facilitated by third party food delivery services that deliver food from an unrelated restaurant to a customer are not considered retail sales. These third party food delivery services should pay sales tax to the restaurant on the cost of the food purchased from the restaurant and not charge the customer sales tax on the delivery. For additional information, please see the following link:
72-20-04 MARKETPLACE FACILITATORS
Effective July 1, 2020, no manufacturer or wholesaler dealer shall sell, offer to sell or deliver any tobacco products for any consideration other than cash or on terms. Retail dealers of tobacco products, likewise, shall not buy or accept delivery of such products for any consideration other than cash or on terms.
The law further requires that if payment is not received by the vendor from the retailer when due or if payment is returned for insufficient funds, the vendor shall, within 5 business days, notify the commissioner of the Mississippi Department of Revenue. After receipt of such notification the Commissioner shall promptly notify all manufacturers and wholesalers in the state of the default in payment and require that no person, thereafter, shall sell any tobacco products to the person in default for any terms other than cash on delivery, until otherwise authorized by the commissioner. Additional information can be found at the following link:
Notice to Tobacco MFG Wholesalers and Retailers
Notice to Brewers & Importers and Beer Wholesalers & Retailers regarding the Legalization of Light Spirits
72-20-03 Notice of Legalization of Light Spirits
Due to the COVID-19 outbreak, many Mississippi businesses have been impacted due to closures. Recent legislation created the "Mississippi COVID 19 Relief Payment Fund" in order to assist Mississippi small businesses affected during this time. The DOR is in the process of determining which businesses will be eligible for the payments, but the following are some basic guidelines and answers.
MS COVID-19 Business Relief Payments Guidelines