Page 2 of 18 FirstFirst 123412 ... LastLast
Results 11 to 20 of 173

Thread: New Sales Tax Rules

  1. #11
    Jim Jones's Avatar
    Join Date
    Aug 2006
    Location
    Chillicothe Missouri USA
    Posts
    2,716

    Re: Keeping the internet sales tax at bay - Failed

    Quote Originally Posted by BrianShaw View Post
    Amen. Since when is a civic responsibility a bad thing?
    Yes, indeed. As a strong leader said, ". . . ask not what your country can do for you — ask what you can do for your country." After all, it is our home.

  2. #12
    Corran's Avatar
    Join Date
    Apr 2011
    Location
    North GA Mountains
    Posts
    7,073

    Re: Keeping the internet sales tax at bay - Failed

    Nothing wrong with questioning what gets taxed, how much it is taxed, what the tax is used for and how it is distributed, etc.
    Bryan | Blog | YouTube | Instagram
    All comments and thoughtful critique welcome

  3. #13
    Drew Wiley
    Join Date
    Sep 2008
    Location
    SF Bay area, CA
    Posts
    13,446

    Re: Keeping the internet sales tax at bay - Failed

    Here in Calif. you just declare on your resale filing when something is shipped out of state. As it is, it is now mandatory to file sales taxes for in state transactions via web because it's so darn complicated already, with every county and even every different city potentially having a somewhat different sales tax rate, and even variations of rate within the same jurisdiction for different kinds of items, with all kinds of potential exceptions just like on income taxes.
    It would therefore be a logistical nightmare to have to constantly update the many thousands of different requirements across the country. That's one reason it's never been implemented at the small seller end. Darn near impossible. But out-of-state sellers with any tangible business presence in Calif (like Amazon)
    are required to charge the specific Calif rates when shipping here. But policing everything else is a whole other story; and there's been a long-running squabble between CA and NY over the issue. But there are far more blatant ways the playing field has been kept from being level than mere sales taxes, as significant as they can be. I'll stop at that, or I'll be crossing a red line past photographic output per se.

  4. #14

    Join Date
    Sep 1998
    Location
    GA
    Posts
    12,520

    Re: Keeping the internet sales tax at bay - Failed

    Quote Originally Posted by Drew Wiley View Post
    Here in Calif. you just declare on your resale filing when something is shipped out of state. As it is, it is now mandatory to file sales taxes for in state transactions via web because it's so darn complicated already, with every county and even every different city potentially having a somewhat different sales tax rate, and even variations of rate within the same jurisdiction for different kinds of items, with all kinds of potential exceptions just like on income taxes.
    It would therefore be a logistical nightmare to have to constantly update the many thousands of different requirements across the country. That's one reason it's never been implemented at the small seller end. Darn near impossible. But out-of-state sellers with any tangible business presence in Calif (like Amazon)
    are required to charge the specific Calif rates when shipping here. But policing everything else is a whole other story; and there's been a long-running squabble between CA and NY over the issue. But there are far more blatant ways the playing field has been kept from being level than mere sales taxes, as significant as they can be. I'll stop at that, or I'll be crossing a red line past photographic output per se.
    Our company was in NJ. We had no properties outside NJ. We had one employee who lived in MN. All of our sales reps were independent contractors. We never could control who they saw and when, unless we were on a sales trip with them.
    We had one warehouse in NJ, we had no satellite sites that we shipped from.
    We only sold to camera stores, luggage stores and photo labs.
    The state of WA decided that we were subject to a tax of 0.005% on all shipments that we made into the state of WA as our independent sales rep lived in WA state and because we periodically made trips to WA to visit and train our Rep and our dealers!

    Our attorneys told us it would cost us far more to fight this tax then to pay it. So we finally paid the tax quarterly plus the interest and penalties they added on for not paying the tax for the previous 5 years before they decided that we owed the tax. Our competitors were never charged the tax. Only the companies represented by our rep were charged the tax! We even switched to a rep from OR that called on our dealers and the state still charged us the tax!
    In the end it didnít make much of a difference as we were able to deduct those payments from our local state tax.

  5. #15

    Join Date
    May 2016
    Location
    Licking County, Ohio
    Posts
    335

    Re: Keeping the internet sales tax at bay - Failed

    The threshold, IIRC from reading the NPR story earlier today, is $100,000 per year per state or greater than 200 transactions per year per state. If a seller is below those limits, the current ruling doesn't apply.


    It's actually not quite as bad a ruling as I at first thought. Basically, the argument is that, without nexus, taxing everyone for out of state sales imposed an undue burden on the seller. The specific case that came before SCOTUS was for a state where these limits were in effect and the state provided a program for sellers where they could sign up to the program, the state told them how to tax the sales, took the money, was responsible for disbursing it to local entities, and indemnified the seller against any potential errors in taxation or distribution. The SCOTUS held, basically, that with the state providing that level of service and it only applying to businesses above that size/scale, it did not constitute an undue burden. SCOTUS didn't say that taxing all out of state sales was reasonable, only that taxing out of state sales when the destination state made it really easy and the rule only applied to companies operating at scale was reasonable.

    One would expect that if a state tries to tax every little hobby-mom Etsy seller we'll see the case going back to SCOTUS so they can say "no, in fact THAT is an undue burden".

  6. #16
    Nodda Duma's Avatar
    Join Date
    Nov 2014
    Location
    Brookline, NH
    Posts
    890

    Keeping the internet sales tax at bay - Failed

    Yeah I woke up to this little gem this morning, after getting only two hoursí sleep from staying up to coat plates last night to get them out to people.

    My first thought: When the hell am I going to find time to keep track of the ~50,000 tax codes across the country? How much *more* sleep am I going to lose out to being a tax collector for locations I derive no benefit from?

    That $100k limit is the North Dakota law. A greedy state like CA or MA would have no problem sucking up every possible dollar below that threshold for the several years it would take for a challenge to make its way through the courts (if you donít think that happens now with other obviously unconstitutional law, think again).

    There will be talk of ďa precedentĒ being set. What that means is that the lawmakers are now thinking of the possibilities of billions of dollars going to state coffers without considering the ramifications of the economic loss of those billions of dollars staying in comsumersí pocket and being directly injected into the economy. THATís what precedent means.

    If you didnít already realize that the government think of us as no more than tax crops, then maybe you will realize it now.
    Newly made large format dry plates available! Look:
    https://www.pictoriographica.com

  7. #17
    Tin Can's Avatar
    Join Date
    Dec 2011
    Posts
    12,479

    Re: Keeping the internet sales tax at bay - Failed

    Illinois for one has Use Tax laws where the buyer is legally responsible for paying sales tax. Not the seller.

    http://www.revenue.state.il.us/Indiv...Qs-Use-Tax.htm

    I advocate USA VAT as a way to eliminate loopholes and enhance compliance.

    AI will Police it all soon.

    Buy now!

  8. #18

    Join Date
    Dec 2001
    Location
    NJ
    Posts
    7,487

    Re: Keeping the internet sales tax at bay - Failed

    So now we have an opportunity for an enterprising person to collect state and local sales tax rules and rates and create a database with software that will match buyer's address and the product(s) purchased to the appropriate rates and tell the seller how much to charge and where to remit. CCH used to have something like this, but on paper. eBay should do this as a service to sellers. Whether they will is an interesting question. I'm sure that Amazon will do it and make the service available to their sellers.

    In spite of all the wailing, this is a problem that has to be solved only once.

  9. #19
    Nodda Duma's Avatar
    Join Date
    Nov 2014
    Location
    Brookline, NH
    Posts
    890

    Re: Keeping the internet sales tax at bay - Failed

    Depending on your viewpoint Dan, this is actually an ongoing problem with no end in sight. Taxes always go up, they never go down.
    Newly made large format dry plates available! Look:
    https://www.pictoriographica.com

  10. #20

    Join Date
    Dec 2001
    Location
    NJ
    Posts
    7,487

    Re: Keeping the internet sales tax at bay - Failed

    Quote Originally Posted by Nodda Duma View Post
    Depending on your viewpoint Dan, this is actually an ongoing problem with no end in sight. Taxes always go up, they never go down.
    Jason, what you say might be true. Or not. But it has nothing to do with the mechanics of collecting sales taxes on, um, imports.

Similar Threads

  1. Replies: 38
    Last Post: 18-Mar-2015, 19:36
  2. NYC Tripod rules
    By cyrus in forum Location & Travel
    Replies: 14
    Last Post: 15-Aug-2008, 14:24
  3. New Rules for NYC Photography
    By Pete Roody in forum Location & Travel
    Replies: 52
    Last Post: 6-Aug-2007, 23:41

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •