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Thread: New Sales Tax Rules

  1. #121

    Join Date
    Feb 2007
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    Canyon Country, California
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    104

    Re: New Sales Tax Rules

    Quote Originally Posted by Bob Salomon View Post
    More like Gambino, Costello, Frankie the Boot Boiardi.
    :-)

  2. #122
    Drew Wiley
    Join Date
    Sep 2008
    Location
    SF Bay area, CA
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    11,405

    Re: New Sales Tax Rules

    Ha! One tribe actually legally adopted Gambinos to make them tribal elders. Another Atlantic City dude whose name is off limits simply built casinos outside the legal boundaries of small reservations and then leased them to the tribes with insanely inflated overhead, then finally ripped off the investors themselves by a serial bankruptcy stunt, which doesn't mean he didn't bag a lot of money himself first. That happened to a few of the Indians I grew up with; the others
    were already up and running with their own mega-casino. But back to taxes which actually end up in the state coffer... Amazon has a huge shipment center in Calif and therefore is expected to collect Calif sales taxes. That still hardly levels the playing field, cause they got a huge state income tax break to set up here in the first plade, so still amount to a monopolistic Godzilla destroying local businesses right and left, just with one hand legally in a boxing glove now.

  3. #123

    Join Date
    Feb 2007
    Location
    Canyon Country, California
    Posts
    104

    Re: New Sales Tax Rules

    For those of you that would either:

    Want to see how tax people look at this [including that it's an "Accountant's Full Employment Act :-) ], or
    Are looking for something to read when you are trying to go to sleep :-) ,

    here's a discussion in a Tax Forum that I read, but do not post into:

    https://www.taxprotalk.com/forums/vi...hp?f=8&t=12514

  4. #124

    Join Date
    Feb 2007
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    Canyon Country, California
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    104

    Re: New Sales Tax Rules

    The Amazon CA Distribution Center would have happened after Amazon & CA reached some kind of deal.

  5. #125
    Drew Wiley
    Join Date
    Sep 2008
    Location
    SF Bay area, CA
    Posts
    11,405

    Re: New Sales Tax Rules

    CA lost either way. Amazon got a huge tax break. More orchards got leveled and a number of so-so jobs were acquired in an admittedly difficult area to find
    work, out in the Valley. But probably more overall jobs get lost with the demise of many private businesses, and hence their former employees often end
    up paying considerably less personal tax. Yeah, I have an opinion, having successfully competed with Amazon from a one-location store - actually three city
    blocks of property in a very expensive city, and with absolutely none of the freebie perks and routine cheating of workers the big box chains get away with. We were paid well and had full benefits, including traditional pensions. I visit them from time to time now that I'm retired. But generational and personnel changes, experience-wise, are always risky for family-owned businesses, even relatively large ones. It's a bare-knuckles world out there, but always has been
    in terms of competition. Only the smart and adaptable survive.

  6. #126

    Join Date
    Mar 2018
    Location
    digital nomad.
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    29

    Re: New Sales Tax Rules

    Quote Originally Posted by MikeH View Post
    For those of you that would either:

    Want to see how tax people look at this [including that it's an "Accountant's Full Employment Act :-) ], or
    Are looking for something to read when you are trying to go to sleep :-) ,

    here's a discussion in a Tax Forum that I read, but do not post into:

    https://www.taxprotalk.com/forums/vi...hp?f=8&t=12514
    for the TLDRs: 10-15 mins of video saves you twenty pages of oped

    https://www.salestaxinstitute.com/re...day-1-analysis
    --------
    jen / glad that Herschel didn't invoke blood test; I hate leeches/
    / you can learn in 2 hours trying what will take 2 months asking
    / the wannabe makes notoriously noxious honey

  7. #127
    Alan Klein's Avatar
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    Jun 2015
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    New Jersey was NYC
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    109

    Re: New Sales Tax Rules

    Quote Originally Posted by MikeH View Post
    Alan: I'm a 3rd generation native Southern Californian CPA with some experience in California Sales Tax matters. I have no experience with other states. However, California is soooo aggressive, that, many CPAs refer sales tax issues to CPAs and tax lawyers who only handle CA Sales tax matters. That being said...



    A number of Amazon's 3rd-party-sellers are located in CA. CA alleged that these 3rd-party-sellers were agents of Amazon, and that gave Amazon nexus in CA. Press reports, in the mainline media (which doesn't always get the details correct), indicated that Amazon capitulated. I do not buy through Amazon. Can anyone confirm that Amazon collects CA sales tax from CA buyers?

    If you study the Case "Franchise Tax Board of California vs. Hyatt" [to the Supreme Court THREE(?) times] carefully, you'll realize that CA does what CA wants to do. There are enough ambiguities in SD vs. Wayfair for CA to drive a Mack Truck through. They have gone after former CA residents, many years removed from CA, for failure to file CA tax returns, and attached bank accounts 3,000 miles away. They taxed pensions, earned @ CA aerospace companies, after people moved out of CA, until Congress stepped in and said: "No More!." In Hyatt, they apparently libeled the taxpayer and went through his trash, then reportedly tried to justify it using a Supreme Court case from the 19th Century regarding cops on horseback chasing "the bad guys" across state lines.

    Do you want me to go on? I could write a book.

    There is a very good possibility that, if you sell ONCE into CA, that CA will be able to use that to audit you to see if you fit the "200 shipment" criteria. And, CA will do that. When you get audited, would you rather pay CA $1,000 - $5,000 in tax now and be done with it, or hire specialized CPAs and lawyers and pay them $1,000 - $5,000+ to fight it? IMHO, I call that "legal extortion." But, it's legal, at least in CA.
    Thanks Mike for your response. But you seem to have described sellers that were in CA. The question is how does California go after a seller who's located in let's say New Jersey who does not have any people working in California or any address of business there? No Nexus. The companies that will fall under the new SCOTUS judgment currently do not file sales taxes there. They only ship their products there? How will California 1. Find those out of state companies that are selling in their state 2. Audit their books since they are not located in CA 3. Subpoena them?

    Another question is 4. will California issue Sales Tax Certificates to everyone out of state who requests one? That's a very involved procedure multiplied by 50 states. In any case, why would a seller get a certificate until he makes a sales in CA above the limit (not yet established in CA)? I assume CA like other state will have to do what SD did and formulate reasonable requirements with sales limit, quantity of sales etc as well as how to issue Certificates to out of state sellers.

    But could you answer my question 1,2 3, 4?

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