Only a few states have issued guidance on the sales tax treatment of digital currency transactions. On November 2, 2020, Kansas joined this group, with Notice 20-04, Sales Tax Requirements Concerning Digital Currency Under the Retailers’ Sales and Compensating Tax Acts (the “Notice”), issued by the Kansas Department of Revenue (the “Department”).
The Notice addressed three issues:
- Whether fees for digital currency transactions are subject to Sales Tax;
- The measure of gross receipts for sales of tangible personal property or taxable services, when the consumer pays the retailer with digital currency;