SCOTUS Reverses Itself - Online Buyers Must Pay Sale Tax 2 2

[Mr.Mcknowitall]

1 hour ago, darkstar said:

No, what I wrote is correct. 

And having just recognized your username once again, our interaction on this forum has come to an end. 

If that is the way you feel, so be it. It is sort of like when you were a child, telling your neighborhood friend you were going home and taking the tonka toys with you , because he disagreed with you. But, OK. That is not interaction, though. It is pouting.

[Mr.Mcknowitall]

13 minutes ago, darkstar said:

I see no source, nor does that change the discussion at hand. Amazon's marketplace is in danger of failing depending on legislation at the state level. That is not good for business. And taking on the function/ability to collect the taxes on behalf of their sellers opens them up to tremendous liability, which thus far they have been reluctant to do. You can look at last fall's FBA amnesty as evidence of that.

Sheesh. Really? If you want to attempt to prove Mr. Jaybucks is wrong, using the positions you have stated, that is certainly your Right. 

[jaybuck43]

14 minutes ago, darkstar said:

I see no source, nor does that change the discussion at hand. Amazon's marketplace is in danger of failing depending on legislation at the state level. That is not good for business. And taking on the function/ability to collect the taxes on behalf of their sellers opens them up to tremendous liability, which thus far they have been reluctant to do. You can look at last fall's FBA amnesty as evidence of that.

 https://www.cnbc.com/2018/04/26/amazon-25-percent-of-third-party-sales-came-from-global-sellers.html  

Which also shows that 25% of that 9 billion comes from overseas (meaning unaffected by this ruling) so it keeps decreasing the impact on Amazon.

[SteppinRazor]

10 hours ago, revat said:

It seems to me like the ruling is at least somewhat intended to force congress into addressing the issue, otherwise chaos will reign throughout the land and small/medium businesses will be crushed under the weight of compliance.

It's weird to me that you think this would be a consideration.

[SteppinRazor]

3 hours ago, jaybuck43 said:

 https://www.cnbc.com/2018/04/26/amazon-25-percent-of-third-party-sales-came-from-global-sellers.html  

Which also shows that 25% of that 9 billion comes from overseas (meaning unaffected by this ruling) so it keeps decreasing the impact on Amazon.

With most of that 25% from Chinese companies, who wouldn't give a rat's anyway

[jools&jim]

https://www.ebaymainstreet.com/petition/internet-sales-tax-buyers

Edited June 23, 2018 by jools&jim

[skypinkblu]

On 6/21/2018 at 1:04 PM, jaybuck43 said:

Having to pay sales tax hasn't changed.  If you buy a book on the boards, you pay sales tax.  Just because the seller doesn't take the tax from you and pay it on your behalf, doesn't mean you aren't responsible for it (there's a box for it on your tax returns )  The holding means that states can compel companies to HOLD sales tax for you, even if they don't have a physical presence in the state.  But you were ALWAYS supposed to file it on your taxes.

Not exactly always, I know they started it in NY within the past 20 years or so...I remember because my husband said that I and one other client were the only ones who actually volunteered...;)

It had to be after eBay started because I never really bought anything on the internet before that.

Edited June 23, 2018 by skypinkblu
wrong word

[James J Johnson]

Comics and sales tax:

Comic books are periodicals. All comic books are periodicals. This is true whether a comic sells for 1 cent, cover price, or one million dollars.

And it's self evident. How do we know for sure? Because the comic book identifies itself as a periodical right in their indices on either the lower inside front cover or lower splash page, "This periodical........"

Comics are published at stated intervals, hence are periodicals, thus their sale is not subject to collection of sales tax. As far as I know, this is unchanged by any law requiring sales tax to be paid in every state. But this would only affect taxable items, of which IMO, comic books, and other periodicals are not subject to sales tax.

[lizards2]

10 minutes ago, James J Johnson said:

Comics and sales tax:

Comic books are periodicals. All comic books are periodicals. This is true whether a comic sells for 1 cent, cover price, or one million dollars.

And it's self evident. How do we know for sure? Because the comic book identifies itself as a periodical right in their indices on either the lower inside front cover or lower splash page, "This periodical........"

Comics are published at stated intervals, hence are periodicals, thus their sale is not subject to collection of sales tax. As far as I know, this is unchanged by any law requiring sales tax to be paid in every state. But this would only affect taxable items, of which IMO, comic books, and other periodicals are not subject to sales tax.

And…., I remember being charged sales tax when I bought comics in states that charged sales tax.  Good luck with that one.

[James J Johnson]

4 minutes ago, lizards2 said:

And…., I remember being charged sales tax when I bought comics in states that charged sales tax.  Good luck with that one.

Nobody needs luck. If you earn income by the sale of periodicals, you owe the federal govt. income tax. But you do not owe the state sales tax people money for the sale of periodicals. It's very easy to identify a periodical because the periodical identifies itself with its publishing information. It self-identifies. All books are not periodicals. A periodical is issued periodically. A regularly published comic has all the identifying features of a periodical; it's issued periodically, and has articles/comic strips, illustrations and or photographs, etc., etc.

There are many other items that vendors have been collecting sales tax on for decades that are technically not taxable. One of two things follows the collection of that tax on non-taxable items. Either 1) the vendor pockets the sales tax he collected on non-taxable items, or 2) erroneously claims it as sales taxed items, and sends it to the state. But that doesn't mean that it was proper. a periodical is not a sales taxable item, and a comic book identifies itself as such. .

[lizards2]

4 minutes ago, James J Johnson said:

Nobody needs luck. If you earn income by the sale of periodicals, you owe the federal govt. income tax. But you do not owe the state sales tax people money for the sale of periodicals. It's very easy to identify a periodical because the periodical identifies itself with its publishing information. It self-identifies. All books are not periodicals. A periodical is issued periodically. A regularly published comic has all the identifying features of a periodical; it's issued periodically, and has articles/comic strips, illustrations and or photographs, etc., etc.

There are many other items that vendors have been collecting sales tax on for decades that are technically not taxable. One of two things follows the collection of that tax on non-taxable items. Either 1) the vendor pockets the sales tax he collected on non-taxable items, or 2) erroneously claims it as sales taxed items, and sends it to the state. But that doesn't mean that it was proper. a periodical is not a sales taxable item, and a comic book identifies itself as such. .

Good luck with that one.

[Mr.Mcknowitall]

7 hours ago, James J Johnson said:

Comics and sales tax:

Comic books are periodicals. All comic books are periodicals. This is true whether a comic sells for 1 cent, cover price, or one million dollars.

And it's self evident. How do we know for sure? Because the comic book identifies itself as a periodical right in their indices on either the lower inside front cover or lower splash page, "This periodical........"

Comics are published at stated intervals, hence are periodicals, thus their sale is not subject to collection of sales tax. As far as I know, this is unchanged by any law requiring sales tax to be paid in every state. But this would only affect taxable items, of which IMO, comic books, and other periodicals are not subject to sales tax.

[ADAMANTIUM]

Couple of questions. 

1) when does sales tax go into effect?

2) I'm in Texas, if I buy online from New York, do I pay Texas sales tax or New York's?

3) if I pay the Texas sales tax, then  how would the seller on ebay from new york be able to calculate the sales tax automatically from all different states? Etc?

I mean it's got to be that I would pay the Texas tax, otherwise how would we handle international seller's. 

I'm just trying to figure out how I will calculate when I'm doing "best offers" etc. But I guess mainly I'm asking when it will go into effect? Idk...

[ADAMANTIUM]

4 minutes ago, ADAMANTIUM said:

Couple of questions. 

1) when does sales tax go into effect?

2) I'm in Texas, if I buy online from New York, do I pay Texas sales tax or New York's?

3) if I pay the Texas sales tax, then  how would the seller on ebay from new york be able to calculate the sales tax automatically from all different states? Etc?

I mean it's got to be that I would pay the Texas tax, otherwise how would we handle international seller's. 

I'm just trying to figure out how I will calculate when I'm doing "best offers" etc. But I guess mainly I'm asking when it will go into effect? Idk...

I'm rethinking this...

SO I would have to pay New York's Sales tax.... so the buyer is supposed to memorize the sales tax everywhere  surely it would be in the listing before you commit to buy...

I'm thinking that those states with minimal sales tax are going to end up with all the comics in the world 

[grebal]

Guess I must change my terms:

No more "free shipping" terms when this rule takes effect (if it does end up hitting small sellers).

 

2 minutes ago, ADAMANTIUM said:

Couple of questions. 

1) when does sales tax go into effect?

2) I'm in Texas, if I buy online from New York, do I pay Texas sales tax or New York's?

3) if I pay the Texas sales tax, then  how would the seller on ebay from new york be able to calculate the sales tax automatically from all different states? Etc?

I mean it's got to be that I would pay the Texas tax, otherwise how would we handle international seller's. 

I'm just trying to figure out how I will calculate when I'm doing "best offers" etc. But I guess mainly I'm asking when it will go into effect? Idk...

1 Unless the Fed Gov passes law (extremely unlikely with current Congress and a President hated by a party), it will be done on state-by-state basis now the SCOTUS has said what it said.

2 Like me you'll be subject to Texas sales tax no matter where the ebay seller is.

3 They'll figure out the tax rate,

[namisgr]

2 minutes ago, ADAMANTIUM said:

I'm thinking that those states with minimal sales tax are going to end up with all the comics in the world 

[lizards2]

49 minutes ago, namisgr said:

52 minutes ago, ADAMANTIUM said:

I'm thinking that those states with minimal sales tax are going to end up with all the comics in the world 

[skypinkblu]

2 hours ago, grebal said:

Guess I must change my terms:

No more "free shipping" terms when this rule takes effect (if it does end up hitting small sellers).

 

1 Unless the Fed Gov passes law (extremely unlikely with current Congress and a President hated by a party), it will be done on state-by-state basis now the SCOTUS has said what it said.

2 Like me you'll be subject to Texas sales tax no matter where the ebay seller is.

3 They'll figure out the tax rate,

The sales tax rate is based on where the buyer is, not the seller. They might change that of course, but that's how it is now.
I often have to explain to a seller that my rate is not as high as theirs.

 

Sorry, this should have answered  @ADAMANTIUM  , you were correct @grebalI just still have a hard time with multi quotes.

Edited June 23, 2018 by skypinkblu
explained

[MGsimba77]

Assuming this is not addressed by the legislative branch before the 1st week of November when will this take effect? 

6 hours ago, grebal said:

1 Unless the Fed Gov passes law (extremely unlikely with current Congress and a President hated by a party), it will be done on state-by-state basis now the SCOTUS has said what it said.

Great another 50 state patchwork! That sounds wonderful! Surely nobody will be confused

Just wondering whether Justice Ginsburg was maybe under the influence when she decided this was worth overturning? Not surprised in the other 4 that voted in favor

 

 

[grebal]

2 hours ago, MGsimba77 said:

Assuming this is not addressed by the legislative branch before the 1st week of November when will this take effect? 

Great another 50 state patchwork! That sounds wonderful! Surely nobody will be confused

Just wondering whether Justice Ginsburg was maybe under the influence when she decided this was worth overturning? Not surprised in the other 4 that voted in favor

 

 

You are so effing right.

It's fair in theory because we're supposed to be paying Sales/Use tax anyway (in the 46 or whatever states).

But it's going to end up unfair because states are always on lookout for new tax revenue stream.

So when, e.g. NY, NJ, and Cali impose a state sales tax on all transaction with any nexus in their states (contact by either buyer or seller in a transaction) it might end up trying to impose a NY surtax when me, in Texas, buy from a NYS seller.  Conceivably.  Haven't read the court's Opinion.  But almost certainly if they pass that kind of tax it will be challenged and back before the SCOTUS.  And just as almost certainly, many states will try, imo.

Edited June 23, 2018 by grebal
More states will try than just the 3 bloodsuckers listed.