STATE And LOCAL SALES And USE TAX - Kencove

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TAX INFORMATIONFOR FARMERSSTATE and LOCALSALESandUSE TAXEvery effort has been made to assure the accuracyof the information herein. However, to the extentthat anything expressed herein may be inconsistentwith statute, regulations, case law or binding letterrulings, this publication is not binding on the Department of Revenue.www.revenue.pa.govREV-1729 AS (02-16)

TABLE OF CONTENTSFARMINGPageWhAt iS FARming . . . . . . . . . . . . . . . . . . . . 3SAlES tAx: WhAt iS tAxAblE . . . . . . . . . . . 3ExEmption CERtiFiCAtES . . . . . . . . . . . . . . 4USE tAx . . . . . . . . . . . . . . . . . . . . . . . . . . . 4motoR VEhiClES . . . . . . . . . . . . . . . . . . . . 5motoR FUElS tAxES . . . . . . . . . . . . . . . . . . 5motoR CARRiERS tAx & iFtA . . . . . . . . . . . . 6FARM DEALERSSAlES tAx . . . . . . . . . . . . . . . . . . . . . . . . . 7hoW to obtAin A liCEnSE . . . . . . . . . . . . . 7tAx REtURnS . . . . . . . . . . . . . . . . . . . . . . . 8ElECtRoniC Filing . . . . . . . . . . . . . . . . . . 9ElECtRoniC FUndS tRAnSFER (EFt) . . . . . . 9CoopERAtiVE AgRiCUltURAlASSoCiAtionS ExEmption . . . . . . . . . . . . 10AGRICULTURAL SERVICESAnimAl And poUltRy FEEd . . . . . . . . . . . . 10liSt oF tAxAblE AndnontAxAblE itEmS . . . . . . . . . . . . . . . . . . 10MISCELLANEOUS INFORMATIONtAx RAtE ChARt . . . . . . . . . . . . . . . . . . . . 191

CUSTOMER SERVICES& TAXPAyER ASSISTANCE General Informationtaxpayer Service andinformation Center . . . . . . . . . . . . (717) 787-1064FACt &information line . . . . . 1-888-pAtAxES (728-2937)online CustomerService Center . . . . . . . . . . . www.revenue.pa.govService for taxpayers withSpecial hearing and/orSpeaking needs (tt only) . . . . . . . 1-800-447-3020For district office locations and information pleasevisit our website. Electronic Filinge-business Unit . . . . . . . . . . . . . . (717) 783-6277internet Filing – e-tidES . . www.etides.state.pa.ustelephone Filing – teleFile . . . . . . 1-800-748-8299 Forms OrderingAll forms mentioned in this booklet are availableon the department’s website for download atwww.revenue.pa.gov or from our 24-hour Formsordering message Service by calling 1-800-362-2050.taxpayers may also request tax forms by writing to:pA dEpARtmEnt oF REVEnUEtAx FoRmS SERViCE Unit1854 bRookWood StREEthARRiSbURg pA 17104-2244Rules and Regulations . . . . . . . . . www.pacode.comGo paperless byregistering on the Internetwww.PABizOnline.com2

This booklet provides Pennsylvania farmers andthose selling to farmers, a guide to the application ofsales and use tax.Specific questions on statutory interpretation in thisbooklet may be addressed to the Office of ChiefCounsel, PA Department of Revenue, PO BOX281061, Harrisburg, PA 17128-1061.WHAT IS FARMING?the following activities, when conducted as a regularbusiness, are considered farming:A. Production of Food Products for HumanConsumption the production of food crops and breeding andraising of livestock, bees and poultry. the production of vegetables, vegetable plants,fruits or nursery stock. the propagation of game birds for commercialuse by holders of propagation permits. the propagation of fish or other aquatic animalsfor commercial use as a food or food by-product.B. Production of Nonfood Products the production of flowers, trees (includingChristmas trees) plants and shrubs in the field,nursery or greenhouse. the propagation of furbearing animals (notpets). the propagation and raising of horses to be usedexclusively for commercial racing activities.SALES TAX: WHAT IS TAXABLE?generally, the purchase of tangible personal property to be used predominantly and directly in farmingoperations is not subject to sales tax. Also, the purchase of repair and replacement parts for machineryand equipment used directly in farming operations,and the labor charge for installation of such parts, isnot subject to sales tax. Foundations used to supportmachinery, equipment and parts directly and predominantly used in farming are also exempt fromtax. tangible personal property purchased to construct, repair or maintain real estate or farmequipment is subject to tax. Real estate includesbuildings such as houses, garages, barns,3

greenhouses, storage facilities, roads, dams, spillways and permanently installed fences, but does notinclude piping for irrigation or for livestock watersupply, nor does it include drainage tiling. Administration; selling and marketing; exhibiting safetyactivities; and land conservation programs are notconsidered farming activities. items purchased forthese purposes are subject to sales tax, as are services supplied by a help supply vendor.TAX EXEMPTION CERTIFICATESWhen purchasing items of tangible personal propertyor services that are considered tax exempt, thefarmer must complete a pA Exemption Certificate(REV-1220) for the supplier. Farmers are notrequired to obtain a sales tax license number or submit a sales tax license number to a supplier prior toreceiving a sales tax exemption on purchases of taxexempt tangible personal property directly used infarming operations. one exemption certificate maycover several purchases.USE TAXif sales tax is not paid by a farmer -- for examplewhen a farmer purchases supplies from an out-ofstate supplier that are subject to pennsylvania salestax and the supplier does not collect the pennsylvania tax -- use tax is owed to the department. theuse tax rate is the same as the sales tax rate, 6 percent. An additional 1 percent local use tax applies toitems purchased or used in Allegheny County; 2 percent local tax applies to items purchased or used inphiladelphia. Use tax applies to the total purchaseprice, including delivery charges.Use tax liabilities must be reported and paid withinthe first 20 days following the month of the first taxable use in pennsylvania. if a farmer has a sales taxlicense, the use tax should be reported when thesales and use tax return is filed.if sales tax in an amount less than 6 percent is paidto another state, the difference between the ratepaid and 6 percent must be reported and paid topennsylvania as use tax. Additionally, local tax is dueif the purchase is used in philadelphia or Alleghenycounties.4

MOTOR VEHICLESAgricultural vehicles, which are required to be registered under the Vehicle Code for highway use, aresubject to sales tax. the purchase of all trucksintended by the purchaser to bear commercial orfarm truck registration plates is subject to sales tax.All-terrain vehicles (AtV's) that are required to beregistered with the department of Conservation andnatural Resources (dCnR) are subject to sales tax,except for AtV's that qualify as a multipurpose agricultural vehicle. in order for an AtV to be amultipurpose agricultural vehicle, it must be usedexclusively for agricultural purposes and operated onthe farm, on roads adjoining the farm or betweenfarms of the purchaser no more than two milesapart.MOTOR FUELS AND MOTOR CARRIERTAXESI. Motor Fuel Taxes:A. Tax:the oil company franchise tax is imposed on gasoline, gasohol, undyed diesel fuel and undyedkerosene. the tax rates are subject to change yearlybased on the average wholesale price of productssold in pennsylvania. For current rates, visit thedepartment’s website at www.revenue.pa.gov orcall 1-800-482-4382.B. Refunds:Farmers are liable for the payment of the oil company franchise tax on the purchase of gasoline,gasohol, undyed diesel or undyed kerosene. the taxpaid on such fuel used in farm machinery for the production of farm products can be reimbursed to thefarmer upon submission of a claim for refund to:Commonwealth of pennsylvania, board of Financeand Revenue, 1101 South Front St., Suite 400, harrisburg, pA 17104-2539. Claims are submitted forthe fiscal year July 1 to June 30 and must be receivedby the board of Finance and Revenue on or beforethe following Sept. 30. to obtain the proper claimform, a farmer must register with the board by letter,providing his full name and address.the board will mail the claim forms annually. theclaim form must be completed -- including receiptsverifying the tax was paid -- and then returned to5

the board of Finance and Revenue at the aboveaddress.C. Dyed Diesel Fuel and Dyed Kerosene:Whenever dyed diesel fuel and dyed kerosene arepurchased in pennsylvania, they are purchased freeof liquid fuels and fuels taxes. Farmers are permittedto: purchase and use high sulfur dyed diesel/kerosene in diesel-powered farm equipment thatis used exclusively off-highway. For example:farm tractors, harvesting equipment, etc. purchase and use low sulfur dyed diesel/kerosene in diesel-powered farm equipment andin trucks used on-and off-highway that carry acurrent biennial certificate of exemption, as provided under Section 1302 (10)(iii) of the VehicleCode.A diesel-powered truck bearing a farm vehicle registration must use undyed diesel/kerosene to operateon public highways.II. Motor Carriers Road Tax (MCRT) andthe International Fuel Tax Agreement(IFTA):Vehicles subject to mCRt/iFtA are qualified motorvehicles which include: A power unit with two axles and a registeredgross weight greater than 26,000 pounds; A power unit with three or more axles regardlessof weight; and A combination where the declared combinationweight exceeds 26,000 pounds or where thevehicles used in combination (truck and trailer)exceeds 26,000 pounds.Qualified motor vehicles do not include recreationalvehicles such as motor homes, pickup trucks withattached campers and buses when used exclusivelyfor personal pleasure by an individual. in order toqualify as a recreational vehicle, the vehicle may notbe used in connection with any business enterprise.A. MCRT:Any person operating a qualified motor vehicleexclusively in pennsylvania must credential the vehicle at a cost of 12/vehicle. the carrier must display6

pA non-iFtA decals on both sides of the vehicle andcarry a mCRt registration card in the vehicle. A farm truck registered vehicle bearing a farmtruck plate and operated within restrictions ofthe Vehicle Code § 1344 is exempt from theserequirements. A truck exempt from registration as a farm truckthat is operated on a biennial exemption certificate as provided under § 1302 (10) (iii) is alsoexempt from these requirements.B. IFTA:Any person operating a pA based qualified motorvehicle in pennsylvania and any other state mustcredential the vehicle at a cost of 12/vehicle. thecarriers must display an iFtA decal on both sides ofthe vehicle and carry an iFtA license, or a legiblecopy thereof, in the vehicle. Farm vehicles asdescribed above are not exempt from the iFtA credentialing requirement or the base state quarterlytax reporting requirement.FARM DEALERSSales TaxPersons Required to be Licensed: Every person,association, fiduciary, partnership, corporation orother entity engaged in making taxable sales of tangible personal property or services must be licensedwith the department. Sales include leasing or rentingof tangible personal property and the rental of hotelrooms.How to Obtain a Sales Tax License: prior to making taxable sales, rentals or leases, one must applyfor a license with the pA department ofRevenue. Registration for Sales, Use and hotel occupancy tax; public transportation Assistance Fundtaxes and fees; and Vehicle Rental tax can be completed online at www.PABizOnline.com or in hardcopy using the pA Enterprise Registration Form (pA100).if an owner maintains more than one place of business in pennsylvania, a copy of the license will beissued for display at each location. licenses will onlybe issued or renewed to applicants that filed allrequired tax returns and paid all taxes due. licensesmust be renewed every five years.7

Collection of Tax: tax must be collected at the timeof sale of property unless the sale is on credit. taxon credit sales must be collected within 30 days fromthe date of the sale. A seller is liable for reportingand remitting tax with the tax return covering theperiod in which either a taxable purchase was madeor tax should have been collected. the seller may beassessed for failure to collect tax.Purchase Price: tax is to be collected on the fullpurchase price without deduction of charges forlabor, handling, delivery or installation. Separatelystated charges clearly designated as deposits forreturnable containers transferred to the ultimateconsumer of the product are not subject to tax.however, if the deposit is designated as a rental, thecharge is subject to tax.Tax Rate: the 6 percent state sales tax is to be collected on every separate taxable sale in accordancewith the tax table on page 19. An additional 1 percent local tax applies to items purchased or used inAllegheny County; 2 percent local tax applies toitems purchased or first used in philadelphia.Tax Returns: Upon registration, the departmentprovides sales tax licensees with a schedule forreporting periods within a calendar year. no licenseeshall be excused for failure to report and pay the tax.tax returns must be filed for every reporting period,even if no tax is due.MONTHLy RETURNSlicensees whose total tax liability is less than 25,000, but greater than 600 per quarter,must file monthly. monthly returns are due the20th day of the month which follows the monthin which the tax was collected.Monthly with Prepayment Requirement: thecurrent month’s prepayment and the prior month’sreturn and payment are due on the 20th of themonth.Methods to calculate prepayments: if your liability for the third quarter of the previous year (July,August and September) was 25,000 or more but lessthan 100,000, you must remit sales, use and hoteloccupancy tax prepayments, you may calculate theprepayment due by either of the following calculationmethods: 50 percent of the actual tax liability for thesame month of the previous year, or at least 50 percent of the actual tax liability for the current period.8

if your liability for the third quarter of the previousyear (July, August and September) was 100,000 ormore, you must remit 50 percent of the actual taxliability for the same month of the previous year.QUARTERLy RETURNSlicensees whose total tax liability is less than 600 in the third calendar quarter, but greaterthan 300 annually, must file quarterly.Quarterly returns are due:PeriodDueJanuary - marchApril 20April - JuneJuly 20July - Septemberoctober 20october - decemberJanuary 20SEMI-ANNUAL RETURNSlicensees whose total tax liability is 300 or lessannually must file semi-annually.Semi-annual returns are due:PeriodDueFirst Six monthsAugust 20Second Six monthsFebruary 20Electronic Filing e-TideS (Electronic Tax Information and DataExchange System): e-TIDES is a business tax filingsystem available free of charge to all registeredsales and use tax account holders. Sales and usetax returns and payments can be made throughe-TIDES by accessing www.etides.state.pa.us. TeleFile: teleFile is a fast and secure way to fileand pay sales and use tax by phone. Call, tollfree, 1-800-748-8299 using a touch-tonetelephone. Third-Party Vendors: Approved third-partyvendors provide for secure transmission for filingand paying sales and use tax. Visitwww.revenue.pa.gov to learn more about thiselectronic filing option.Electronic Funds Transfer (EFT): All businessesare encouraged to explore this electronic paymentoption. taxpayers remitting payment of 1,000 ormore are required to do so by electronic funds transfer (EFt). Failure to make such payment by an approved EFt method may result in the imposition of apenalty of 3 percent of the tax due, up to 500.9

All tax documents are still required to be filed evenwhen payments are made through EFt.to register, visit www.etides.state.pa.us.Cooperative Agricultural Associations Exemption: Cooperative agricultural associations, whichare required to pay corporate net income tax, areexempt from the payment of sales and use tax onpurchases of tangible personal property and services. however, the exemption does not apply to thepurchase, lease, repair or the maintenance serviceof any motor vehicle required to be registered underthe provisions of the Vehicle Code.the exemption does not pass to a construction contractor who, pursuant to a construction contract witha cooperative agricultural association, is required topurchase materials, supplies or equipment installedso as to become part of the real estate.AGRICULTURAL SERVICESPERFORMED FOR FARMERSAnimal and Poultry Feedindividuals or businesses dealing in the preparationof animal or poultry feed for farmers will fall into oneof the following categories: those predominantly engaged in the business ofpreparing their own animal or poultry feed forsale qualify for sales tax exemption as a processor. grinding and mixing equipment, notincluding vehicles to transport the equipment,may be purchased free from tax by filing a properly completed exemption certificate with thevendor. those predominantly engaged in the business ofpreparing animal or poultry feed belonging toanother (individual or business) do not qualify asa processor. therefore, their purchases of equipment and vehicles to transport the equipmentare subject to sales and use tax.LIST OF TAXABLEAND NONTAXABLE ITEMST – taxable: items not normally used directly infarming.NT – nontaxable: items that are normally useddirectly in farming.10

NOTE: For items not normally used directly in farming that were purchased tax-free, a farmer shouldnotate the invoice reflecting the reason for exemption, and maintain the invoice and exemptioncertificate.t – Acetylenent – Air compressorsnt – Air conditioning, if used to preserve farmproducts prior to packaging (taxable ifused primarily for the comfort of farmpersonnel or to preserve the farm product after the final packaging operation)nt – Air tanksnt – Alternator (auxiliary) if used to operatefarm equipmentnt – Anhydrous ammonia tanks and fittingsnt – Artificial insemination equipment andsupplies, if used for the breeding of productive animalsnt – Augersnt – Automated milking equipmentnt – balersnt – barn cleanersnt – bedding for productive animalsnt – beekeeper supplies and equipmentincluding, but not limited to bees, beehives and wax foundationsnt – bindersnt – blacksmith/farrier services for commercial racehorses or horses used directly infarmingnt – blankets when used to preserve thehealth of productive animalsnt – blowersnt – boarding of animalsnt – bootsnt – breeding services for productive animalsnt – brooderst – brooms, general cleanlinessnt – brooms, used to clean mushroom bedst – bucketsnt – buckets for handling farm products11

t – building supplies, including, but notlimited to materials to build barnsnt – bulbs for plantingt – Cabinetsnt – Cabs installed on farm tractorsnt – Calf weanersnt – Cans, feedingnt – Cattle currying and oiling machinesnt – Cattle feedersnt – Cattle chutes (portable)nt – Cement, if used to construct liquidmanure pits, silo flooring and foundationsfor exempt machinery and equipmentt – Cement, if used for other than abovet – Chain hoists used as maintenance equipmentt – Chain saws (Chain saws are considerednontaxable only if used by a sawmilloperator or planing mill operator for thepurpose of cutting or hauling logs.)nt – Chemicals used for pest control or to cleanand sterilize exempt farm equipmentnt – Chicken pickersnt – Cleaners and disinfectants used in cleaning milking equipment and to sterilizemilk cans to prevent spoilage. propertyused for general farm cleaning and maintenance is taxable.nt – Clippers or clipping machines for use onproductive animalsnt – Combinest – Computerst – Computer software, cannednt – Containers: non-returnable wrapping supplies used for delivery of any personalpropertyt – Containers: milk, reusablent – Conveyors (elevators, hay and grain,self-generated)nt – Corn crib (portable)nt – Corn pickersnt – Corn shuckersnt – Coveralls12

��––ntntnttnt–––––t –nt –nt –t –t –nt –nt –nt –tntntntt–––––Crates, fieldCultivatorsCutter, ensilagedebeakers for productive animalsdefoliantsdehorners for productive animalsdisinfectantsdozer blades for land reclamationdragsdrainage pipedrills for repair and maintenance activitiesdrugs and medicines for animals, birds orfishdrying machines for graindustersdusting compoundsEducational materialsEgg candling, collecting, washing andprocessing equipmentElectric fence chargersElectric insect killers, if intended for usein an area in which farm animals or products are storedElectricity to operate farm equipment orinterior barn lightingElectricity for operating exterior lightingEquipment and supplies for home use orpersonal useEquipment used to extract a productfrom productive animals or from the soilFeed and feed additives for productiveanimals, game birds or fishFeeding equipment, including, but notlimited to bowls, buckets, cans, carts,tubs, food scoops, grinders and wateringdevices for productive animals or gamebirdsFencingFertilizer distributorsFertilizers and chemical additives for soilField sprayersFire prevention and safety equipment13

nt – Firewoodnt – Fish hatchery stock and feed when apropagation permit is heldt – Flowersnt – Fork liftsnt – Fuel oil for use in heating poultry brooders, incubators and greenhousest – Fuel oil tanksnt – Fumigation services upon agriculturalcommodities or containers used for agricultural commoditiesnt – Fungicidest – garden tractors, unless used in the farming operationnt – generators (auxiliary) only if they provide emergency service to preventspoilage of foodnt – glovesnt – graders used to grade eggs, vegetablesand fruitnt – grain bins, both permanent and portable,if used predominantly to store farm selfgenerated grain for productive farmanimals, game birds or fisht – grain bins, if predominantly used to storepurchased grain or grain for salent – grain drills used for seeding farm landnt – grain elevators (portable)nt – grain plantersnt – grating for hog pen flooringt – greenhousesnt – grooming materials, equipment and supplies when necessary for the health ofproductive animalsnt – growing media (artificial)t – guns and ammunitionnt – harnesses used to control productive animalst – harnesses used for exhibition or transportation purposesnt – harrowsnt – harvestersnt – hay conditioners14

�–––––––nt –nt –nt –t –nt –t –nt –nt –hay mowershay rackshay rakeshay teddershay windrowersheaters for milk house, including waterheatershelp Supplyherbicideshog feedershoof trimmers for productive animalshormones for productive animalshorsefeedhusking machineshydraulic hoist installed on a vehicleiceincubatorsinsecticides for use on cropsirrigation pipes and pumpslanternslight bulbs for chicken coopslight bulbs for general lightinglimelivestocklog splitters and timber equipmentlumbermaintenance facilities including tools,machinery and equipment to maintainmachinery, equipment or propertymanure handling equipment, including,but not limited to spreaders, front-endloaders and scrappersmanure storage tanksmedicines, serums, and solutions used inthe care of animals, birds or fishmilk cansmilk strainers, strainer discs and towelsmilk strainer dispensers, strainer discsdispensers and towel dispensersmilk tanks, bulkmilking machines, including piping15

nt – mowers, haynt – mulchesnt – mushroom equipment, machines andpartst – mushroom housest – nailsnt – nests, poultry (portable)nt – nursery equipment, machines and partst – office supplies and equipmentt – oilerst – oxygennt – pailst – paint and paint supplies, general usent – paint and paint supplies for use onexempt equipmentnt – pallets and pallet boxnt – paper towels for washing udders of cattlent – peat mossnt – pens (portable)nt – pest Control services for agriculturalservicesnt – pesticidet – pet foodnt – picking equipmentnt – pipes to supply water to barn or to waterproductive animals, game birds or cropsnt – pitchforknt – plantersnt – plantsnt – plowst – post hole diggersnt – poultry house equipment, including, butnot limited to nests, feeders and waterersnt – productive animalsnt – pruning equipmentnt – pumps for use in farm irrigation or watering productive animals or game birdst – Radiosnt – Refrigeration or cooling equipment usedto store and preserve farm productst – Road maintenance equipment16

ntntntnt––––t –nt –t –nt –t –nt –nt –ntntntnttntnt–––––––nt –nt –nt –nt –nt –t –t –nt t plantersRotary hoesSacks and bags when used as wrappingsuppliesSafety equipment, unless worn by production personnelSalt blocks for use by productive animalsSandersSaw dust and wood chips used for animalbeddingScalesSeeds and seedersSemen used for the breeding of productive animalsSerums for use on animals, birds or fishShovelsSilage unloaderSilosSnow plows and equipmentSoil conditionersSprayers used to clean eggs, chickens,etc., prior to packagingStalls for productive animalsStanchionsSteel bodies mounted on farm wagons todry hay by portable dryersStone pickersStorage tanks for manureStud fees except where the animals aredirectly used in farm operationstanks, fuel oiltarpaulins to protect or preserve farmproductsthresherstiestire spreaderstires used on agricultural implementstires used on nonagricultural implementstobacco seed and tobacco papertoilets, field17

t – toolsnt – topsoilnt – tractors and accessoriesnt – troughnt – tubsnt – twinent – Vaccines for animals, birds or fishnt – Ventilation fans and equipmentnt – Veterinarian services for animals, birdsand fishnt – Washers for fruit, vegetable and eggt – Water heater for cleaning dairy equipment and suppliesnt – Watering devicesnt – Waxers for fruits and vegetablesnt – Weaners for productive animalsnt – Weed spray used to protect farm cropst – Welding equipmentnt – Welding rods for use in repairing exemptfarm equipmentnt – Wheelbarrowst – Windowsnt – Wire for bailingt – Wire for fencingt – Wood stovest – Wrenches for maintenance activitiesnt – Wrapping supplies and containers thatare non-returnable and used to deliverself-produced farm products18

SALES AND USE TAX RATES6% RATESFrom .50.51.52.53.54.55.56.57.58.59.60AmountTax 0003000 4.0030.0036.0042.0048.0054.0060.00120.00180.00If the purchase price is more than 10, 6 percent and 1 percent or 2 percent county tax (if applicable), of each dollar plus the above bracketcharges upon any fractional part of a dollar must be collected.REV-221 AS (11-09)CONTINUED PAGE 2019

SALES AND USE TAX RATES1% RATESFrom 3.04.05.06.07.08.09.10From 6.767.267.768.268.769.269.76(Continued)2% 19.20

www.revenue.pa.gov

farmer must complete a pA Exemption Certificate (REV-1220) for the supplier. Farmers are not required to obtain a sales tax license number or sub - mit a sales tax license number to a supplier prior to receiving a sales tax exemption on purchases of tax-exempt tangible personal property directly used in farming operations. one exemption .

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