Should you be paying sales tax on your cloud solution?

Should you be paying sales tax on your cloud solution?

There are a lot of undefined issues relating to whether or not sales taxes should be charged and collected on “cloud” services and online applications.  Traditional approaches aren’t quite right, because there isn’t a clear delineation of what is “service” versus “product”.  For example, an online storage service may be “service”, but when you are charged for bandwidth or other elements, it starts to be more product oriented and taxation may apply.  Online applications or cloud hosted software?  In some cases, the platform may be service, but the subscribed application may be taxable software.  It’s a clouded issue for service providers and their customers, alike.

‘Kelley Miller of the law firm Reed Smith, who specializes in technology law and specifically tracks how states have been enforcing cloud taxes, says it’s been a tough issue for states. The DOR says in its ruling that the market is evolving “at a rapid pace.” Traditionally tax laws just don’t work for this new era of cloud computing, she says, because there is not a tangible transaction of a disc or piece of hardware. Massachusetts seems to have echoed findings from other states though, she says. “The essence of the question is, are you buying software that people bought in a box at the store 10 or 15 years ago,” she says. If so, then Massachusetts, and other states, have claimed a right to tax it.’

A recent article on CIO.com discusses Massachusetts rulings on the subject, joining a number of other states in attempting to bring clarity to when cloud computing services should and should not be taxed.  The decisions sound almost as complicated as the underlying issues, so “clarity” obviously doesn’t mean simplicity.

Read the entire article here

Make Sense?

J

The Cloud Makes Time Travel Possible: Hosted applications can deliver immediate business benefits

The Cloud Makes Time Travel Possible: Hosted applications can deliver immediate business benefits

In an article published on CIO.com, author Kevin Fogarty describes how moving to a cloud IT approach proved to be a highly beneficial and strategic decision for an on-site diesel fuel distributor.  The focus of the article was on how existing software and processes were enabled by centralizing them in a cloud hosting environment, and not by replacing them with new subscription-based applications.

For many businesses, this is the secret that nobody’s talking about: you can have the benefits of “the cloud” without having to radically change everything you have and everything you do.  Retention of knowledge assets is critical to business continuity, and moving existing systems and process to platforms where they can be leveraged to greater business advantage is a way to do that.  With centralization of systems and services, information can be processed far more efficiently than before, eliminating delays and improving cash flows dramatically.  Time is money, and the cloud helps businesses spend less of both.

“A lot of the invoices have to go out every day by certain times, so third-party accounting companies can do their thing for the fleet owners.” The setup sounds like a classic for any overhyped business-process-automation system, but Daniel Abrams and other Diesel Direct managers weren’t interested in managing their business using sophisticated business systems that require more motivation, money and technical staff than Abrams was willing to use or pay for.”

The initial benefit is being able to use the products already in place, just from a more secure and redundant location, but when you begin to consider the positive ramifications of reducing the time between delivery and invoicing, billing and payment receipt, or customer demand and product supply, you rapidly realize that the cloud means much more to the business than just another way to run software.

“Those changes save Diesel Direct both money and time. Rather than running reports and invoices all night Tuesdays, for example, the additional capacity lets the company run those resource-intensive processes during the day rather than overnight. That gets critical work done faster and more accurately than a process left to complete itself unattended.”

In short, the cloud makes time travel possible, because the result is available almost immediately upon completion of the task.  It’s kind of like getting your expense check as you walk off the plane in your home town, because you reported all your expenses in real time as they were incurred (snap a picture of the receipt at the bar, and like that).

Yet most business owners and IT managers for small and mid-sized businesses are being told that the cloud is best applied when innovation is required, and should be reserved for NEW things, and not thought of as a way to improve the status quo with existing or legacy architecture.

“It’s not unusual for mid-sized companies to come to depend on cloud services, according to James Staten, vice president and principal analyst for Forrester’s Infrastructure and Operations practice.

It is unusual for them to be more concerned with infrastructure than with applications, he says.”

With affordable and secure application hosting services being widely available for small and medium businesses, owners and managers no longer have to look to new solutions just to enable mobility, remote access, and a fundamentally stronger and better-managed system.  Legacy applications can be hosted and delivered, extending their useful life as well as the value of the development and intellectual property, and giving customers capabilities not readily available with local implementations.

“Diesel Direct can’t accomplish anything if its minimal IT infrastructure is offline for any length of time.

Abrams, worried about storms taking out his business as well as the power, didn’t know what technical solution he wanted until Callow “described for him what an enterprise infrastructure looked like,” Callow says.

“They didn’t need one, didn’t want one, but they did want the security, the reliability of a redundant IT infrastructure,” he says. “The most effective way to get that at the lowest possible cost is the cloud.”

Among the greatest benefits of outsourcing application delivery to a cloud hosting provider are the increased monitoring and security, application of best practices, and high levels of system fault tolerance and recovery capabilities offered.  While business subscribers focus on features and functionality of the application, the real focus for hosting providers is the platform – and the management and security of it.  This behind the scenes work offers tremendous business benefit to subscribing customers, but is often not the focus when discussing overall benefits of a cloud computing approach in the context of Software-as-a-Service, which is where many smbs focus their investigations.  As an alternative, businesses who may seek to adopt hosted solutions for their existing applications and software frequently do so for reasons of security and redundancy, not recognizing that their business processes may likely experience significant improvement, as well.

“Enterprises might have the luxury of making strategic decisions about cloud or other technology,” Golden says. “In mid-sized companies things are very tactical. No cloud evangelist is going around the refueling industry saying ‘there are ways to solve this problem.’ “Companies make tactical decisions to solve their own problems and, five or 10 years later, we’ll all wake up and realize we’ve changed the way we do everything,” Golden says.”

Make Sense?

J

The company in the article could be just like yours.  You don’t have to adopt new software and systems to benefit from the cloud.  How could your business change, if you could remove the problems of time and distance?

Lessons Learned (or Not): Development and the Cloud

Lessons Learned (or Not): Development and the Cloud

Talk about agile technology and how great things are because we can experience rapid software solution development and deployment via the cloud is shining a brighter light on certain IT management issues which have existed for quite some time, but perhaps went largely unrecognized.  One of these issues is product development direction and influence, and where it really comes from.  If you think most IT companies determine their product lines and offerings from the top down, with detailed specifications supported by a strong business case, you may want to think again.  Based on my experience and that of a lot of other folks, there are many companies out there offering products and services  that were crafted in more of an ad hoc manner than through a focused “product development” effort with long term sustainability in mind.  In some cases, this demonstrates ingenuity and a desire to look at things in new ways.  Sometimes it’s just uncontrolled and unstructured chaos with dollar signs attached.

“there’s a school of thought, put forward by the small but influential analyst firm RedMonk, that developers now occupy the role of IT kingmakers. This theory holds that the traditional model of IT adoption, which assumes that major decisions emanate from the top, is wrong. Instead, the decisions that appear to come from a CIO are, in fact, dictated by the choices made by people way down in the IT organization-the traditionally denigrated developers. CIOs merely ratify the decisions made by “lowly” developers.”

It goes like this:  a high level concept comes from upper management… some “great idea”.  This high level idea is communicated (at a high level) to the production teams who will make it real.  The production teams decide what it really is, how it will really work, what it will look like, and how it will be offered – and all of this generally based on the preferences, skill sets, moral guidelines, belief systems, and work ethic of those involved in the development process.  The product details are run back up the food chain, where they then become the defining elements of the new solution.  In many cases, refinements and changes are argued against by the developers, citing various reasons or roadblocks to making changes to their prized construction.  But hey – they got it ready to go out the door, didn’t they?  So what if it’s not quite what you envisioned, and doesn’t necessarily represent a sustainable strategy?

Experience in business does count, particularly if you learn from it.  There is a saying I heard once, and I’m still not sure how I feel about it other than it proves to be so very true each and every day.  The saying is that “there is no morality without context”.  In business, context is often experience, understanding the cause and effect of an action or activity.  Without this learning, without the experience earned within the organization or by others, there is no context guiding the development.

“It’s irresistible to poke fun at some of the most egregious aspects of today’s IT practices-change control committees that only meet once every two weeks;ITIL implementations that place more emphasis on paper trails than actually, you know, getting things done; operations groups that resist application updates in the name of stability, and so on and so forth.

However, the fact is that these functions, if not their manifestation, exist for important reasons. Overlooking them-or outright ignoring them-is not the right solution. Ensuring that updates to production systems are made, and being able to track who makes changes to infrastructure, are enterprise functions are that won’t go away just because cloud computing is in the picture.”

Lessons previously learned will need to be learned again, and addressing problems after-the-fact is generally far more costly than being proactive and trying to avoid them in the first place.  It can be a very painful process, watching the company go through puberty all over again (particularly if it had once reached some level of maturity), yet this is what can occur when the bright and shiny new idea causes management to forget fundamental lessons previously learned.

In a recent article on Computerworld.com, author Bernard Golden makes a number of really good and interesting points about the opposing viewpoints of this “agile” development enabled by the cloud (the article focuses on AWS – Amazon Web Services, but it is completely relevant in the broader context).  Link here to access the entire post, it’s worth the read.

http://www.computerworld.com/s/article/9230040/How_the_Cloud_Brings_Developers_into_Business_Process

Make Sense?

J

Read more about legacy application modernization, and why IT and back-office outsourcing makes sense for a lot of reasons 

Accountants and their Clients Online: Who Owns the Data?

Accountants and Clients Working Online: who owns the data?

Mobile device support and remote access to applications and data is becoming a standard requirement for most businesses today.  The “online” working model goes a long way towards addressing problems face when they need to get team members together no matter where they are.  When the information is stored and managed centrally, it is easier to provide access to outside accountants or other professionals.  Yet, while this collaborative working model solves numerous problems, it also introduces a number of issues that neither the business owner nor their outsourced professionals may have thought about.  One of these issues is the challenge represented with dissolution of the engagement, and subsequent division of information assets related to it.  This separation can become unfriendly and problematic if the parties do not have an agreed-to plan.  Quite frequently, disagreements result from the use of subscription-based online services which are not clearly delineated as customer-controlled versus provider-controlled.  In these cases, clients may benefit from the use of a service through their provider, not understanding that the provider ultimately owns or controls access to the solution and maybe even the data associated with the account.

In general, it is safe to take the approach that whoever pays the bill for the service is the owner of the data associated with it.  This “he who pays the bill owns the data” approach is simple and it makes the most sense.  Consider that the individual paying the bill for the services is the individual who is financially obligated for what occurs with the service, so it makes sense that they would have authority over service access and usage.

It is quite common in outsourced and online accounting models for a professional firm to subscribe to services or solutions which help them support various processing needs for their clients.  Solutions such as Bill.com or Paychex provide tools to assist professionals in efficient delivery of various process-support services, such as bill payments and approvals, or payroll processing and reporting.  These tools are utilized as part of the professional service offering, and are generally not directly exposed to the client users (other than in specific contexts, perhaps).  Separating the client from these systems is usually not difficult; the professional simply stops using the solution for that ex-client.   Since the transaction information from the solution ultimately integrates into the accounting data file, the accounting firm can simply return the accounting data file to the client without losing their process support data in the online service.  On the other hand, if the client was the subscriber to the solution and the accounting professional was “invited” to participate with them, the separation would mean that the accountant no longer had access to the online data, and the client would retain use of the solution.

In contrast to a process-supporting solution, separations become far more complicated when the online solution includes fundamental tools for the client like general business application access and data storage.  Consider that a business decides to use SmartVault for its document management needs, and also wants to connect documents and files directly to transactions in their QuickBooks accounting system.  In this situation, the accounting data and the document vault are closely connected, and contain a wide variety of valuable business documents and files.  When the solutions are both run as online services, where the QuickBooks applications are hosted along with the integration for SmartVault, both the accounting professional and their business client can work more closely and in real time, creating much more value in the relationship.  If the relationship does not work out, however, separating applications and data can be a frustrating process for both parties if there isn’t a clear understanding of who gets what.  It would be easier perhaps if the question centered on an accounting data file, but in these situations the problem extends to questions of ownership of source documents, working papers, and even application software licenses.

Accounting professionals need to protect the value of the work they perform on behalf of the client, and the business owner needs to have their business information and applications.  Clearly understanding how to orient subscription based services to protect the interests of both parties is an important element in providing the highest level of professional service to clients.  In some cases it makes sense for the professional to own and control the subscription, particularly if the service is an element which supports professional services delivery.  These tools help you provide services to your clients, and the client benefits from the result of use of the solution.  If the client leaves you, then it is up to them to “tool up” their own operations to handle those processes.

In other cases, it makes far more sense for the client business to own and control their online services, and invite their outside professionals to participate. The benefits of working together are still present, and the remote access and mobility aspects benefit the business owners and team members as much as their remote professionals.  The accounting professionals can preserve their working papers and other work product on their own systems, drawing a clear line between their retained data versus that of the client and making a potential future separation much easier to facilitate.

jmbunnyfeet

Make sense?

J