The Alaska Department of Revenue would administer the state sales and use tax and take over the administration of local sales and use taxes. The latter point will likely be contentious for Alaskan cities and boroughs, for although Alaska doesn’t have a state sales tax today, it does allow local sales and use taxes. More than 100 municipalities in Alaska levy and administer a general local sales tax today.
Many local governments in Alaska have adopted economic nexus and tax remote transactions — those by businesses with no physical presence in the jurisdiction. Many of these jurisdictions are members of the Alaska Remote Seller Sales Tax Commission (ARSSTC), which administers remote sales taxes on their behalf.
ARSSTC was established in 2019 through an intergovernmental agreement to coordinate remote sales tax collection in Alaska. Under the ARSSTC’s Remote Seller Sales Tax Code, remote sellers and marketplaces that establish economic nexus with the state are required to collect and remit local sales taxes. More than 5,000 sellers have registered with the ARSSTC.
SB 227 doesn’t mention the ARSSTC. Would the ARSSTC be forced to cease operations if the state takes over the administration of local sales taxes? “The legislation is in early stages and requires a lot more work between the Department and local governments,” Nils Andreassen, Executive Director of the Alaska Municipal League, explained in an email to Avalara. “There’s no clarity at this point for how ARSSTC features within this proposal.”
The legislation also doesn’t clearly state how local taxes would be administered after the state sales and use tax sunsets in 2034. Andreassen notes that after the state’s sales tax expires, there’s nothing that repeals its collection. “From what we can tell,” he wrote, “local collection remains with the state.”
“This is an opening for the locals to argue the state should only administer its own tax and not the locals’ taxes,” says Scott Peterson, VP of Government Relations at Avalara. “Also, what would happen in jurisdictions like Anchorage that don’t currently have a sales tax? If the state were to take over local sales tax administration, there must be authority for locals to have taxes. If Anchorage took advantage of that authority starting in 2027, what would they do in 2034?”