[Wactclc-primo] [External] RE: Institutional Tax exempt status and inquires from Ex Libris

[Guidry, Wade]

I'm certainly not an authority in this area. I'll run the question by the governance committee..

Meanwhile note that all of the following schools have direct contracts with ExL for Primo, based on my info.

Bellevue
Bellingham
Big Bend
Centralia
Edmonds
Everett
Grays Harbor
Green River
Highline
Olympic
Peninsula
Pierce District
Renton
Shoreline
Skagit
South Puget Sound
Wenatchee
Whatcom
Yakima

(Only the Primo customers not previously on Primo, Seattle, Clover Park LWTECH, Lower Columbia and Clover Park, obtained Primo through the newer, WACTCLC contract.)

Wade Guidry
Library Consortium Services Manager, WACTCLC
wadeg at bigbend.edu<mailto:wadeg at bigbend.edu>
(509) 760-4474
http://www.wactclc.org


From: Wactclc-primo <wactclc-primo-bounces at lists.ctc.edu> On Behalf Of Herman, Amy
Sent: Friday, November 9, 2018 1:16 PM
To: Sally Sheedy <SSheedy at whatcom.edu>; WACTCLC Primo discussions <wactclc-primo at lists.ctc.edu>; Daniel Moore <daniel.moore at email.edcc.edu>; WACTCLC Alma Discussion <wactclc-alma at lists.ctc.edu>
Subject: Re: [Wactclc-primo] [External] RE: Institutional Tax exempt status and inquires from Ex Libris

ATTENTION: This email contains links. Please follow best practices before clicking on links.
Sally & Wade,
I too would be surprised if this doesn't qualify. We use this exemption for our databases (because we allow them to be accessed by all walk-in patrons in our service area and in fact require that stated explicitly in all licensing agreements), and it seems like Primo would be a "digital automated service" that would also be exempted since it's also available at no charge to all library patrons in our service area.  EL's email made it sound like they expect to not have to charge us sales tax.

Amy Herman
Library Faculty | Olympic College
1600 Chester Avenue | Bremerton, WA 98337
aherman at olympic.edu<mailto:aherman at olympic.edu> | 360-475-7256

[alma signature]


From: Sally Sheedy <SSheedy at whatcom.edu<mailto:SSheedy at whatcom.edu>>
Sent: Friday, November 9, 2018 12:32 PM
To: WACTCLC Primo discussions <wactclc-primo at lists.ctc.edu<mailto:wactclc-primo at lists.ctc.edu>>; Herman, Amy <aherman at olympic.edu<mailto:aherman at olympic.edu>>; Daniel Moore <daniel.moore at email.edcc.edu<mailto:daniel.moore at email.edcc.edu>>; WACTCLC Alma Discussion <wactclc-alma at lists.ctc.edu<mailto:wactclc-alma at lists.ctc.edu>>
Subject: [External] RE: Institutional Tax exempt status and inquires from Ex Libris

It doesn't seem clear to me.

I think our use fits under the first exemption (ending with "...and library patrons."), and if it does, then you don't have to read the terms of the remaining ones (the second one containing the sentence Wade cited).

[It seems so long ago that we went with Primo; we started the process about five years ago. Whatcom was in the last of three cohorts, with Grays Harbor and Centralia. An old email says Everett, Highline, and Wenatchee were in the first, which would mean the second cohort was seven (?!).]

From: Wactclc-primo <wactclc-primo-bounces at lists.ctc.edu<mailto:wactclc-primo-bounces at lists.ctc.edu>> On Behalf Of Guidry, Wade
Sent: Friday, November 09, 2018 10:11 AM
To: Herman, Amy <aherman at olympic.edu<mailto:aherman at olympic.edu>>; Daniel Moore <daniel.moore at email.edcc.edu<mailto:daniel.moore at email.edcc.edu>>; WACTCLC Alma Discussion <wactclc-alma at lists.ctc.edu<mailto:wactclc-alma at lists.ctc.edu>>; WACTCLC Primo discussions <wactclc-primo at lists.ctc.edu<mailto:wactclc-primo at lists.ctc.edu>>
Subject: Re: [Wactclc-primo] [External] Institutional Tax exempt status and inquires from Ex Libris

Correct. Thanks for the link, Amy. I didn't know about that document, but it's pretty clear from this sentence that Ex Libris stuff is not exempt, since Primo is all of the things noted in the sentence below.


This exemption also does not apply to purchases of digital automated services, prewritten software, or remote access software.


Wade Guidry
Library Consortium Services Manager, WACTCLC
wadeg at bigbend.edu<mailto:wadeg at bigbend.edu>
(509) 760-4474
http://www.wactclc.org


From: Herman, Amy <aherman at olympic.edu<mailto:aherman at olympic.edu>>
Sent: Friday, November 9, 2018 9:54 AM
To: Guidry, Wade <WadeG at bigbend.edu<mailto:WadeG at bigbend.edu>>; Daniel Moore <daniel.moore at email.edcc.edu<mailto:daniel.moore at email.edcc.edu>>; WACTCLC Alma Discussion <wactclc-alma at lists.ctc.edu<mailto:wactclc-alma at lists.ctc.edu>>; WACTCLC Primo discussions <wactclc-primo at lists.ctc.edu<mailto:wactclc-primo at lists.ctc.edu>>
Subject: RE: [External] Institutional Tax exempt status and inquires from Ex Libris

ATTENTION: This email contains links. Please follow best practices before clicking on links.
Wade,

So just to be clear, you are saying that Ex Libris products do NOT qualify for the "Digital Products and Remote Access Software Exemption?"  Just want to make sure I understand!

https://dor.wa.gov/legacy/Docs/forms/ExcsTx/ExmptFrm/DigitalProductsExemptCert.pdf


Amy Herman
Library Faculty | Olympic College
1600 Chester Avenue | Bremerton, WA 98337
aherman at olympic.edu<mailto:aherman at olympic.edu> | 360-475-7256

[alma signature]


From: Guidry, Wade <WadeG at bigbend.edu<mailto:WadeG at bigbend.edu>>
Sent: Friday, November 9, 2018 9:41 AM
To: Herman, Amy <aherman at olympic.edu<mailto:aherman at olympic.edu>>; Daniel Moore <daniel.moore at email.edcc.edu<mailto:daniel.moore at email.edcc.edu>>; WACTCLC Alma Discussion <wactclc-alma at lists.ctc.edu<mailto:wactclc-alma at lists.ctc.edu>>; WACTCLC Primo discussions <wactclc-primo at lists.ctc.edu<mailto:wactclc-primo at lists.ctc.edu>>
Subject: [External] Institutional Tax exempt status and inquires from Ex Libris

WACTCLC institutions that previously migrated to Primo prior to the Alma project still have their own Primo service contract directly with Ex Libris.

Ex Libris appears to be contacting those schools to update their information on institutional tax exempt status. (I've heard from Edmonds and Olympic already on this.)

If contacted, you should let Ex Libris know that your institution is liable for WA sales tax on those invoices. For reference, see section 70.20.30 of the  SBCTC Fiscal Affairs Manual (https://fam.sbctc.edu/ ).

Since those contracts are directly between your institution and Ex Libris (and do not involve WACTCLC), you may also wish to consult with your institutional accounts.

I believe there were 13 or so institutions that had already migrated to Primo. Those of you at those institutions should know who you are.






Wade Guidry
Library Consortium Services Manager, WACTCLC
wadeg at bigbend.edu<mailto:wadeg at bigbend.edu>
(509) 760-4474
http://www.wactclc.org



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