Monday, September 3, 2012

Re: OT Re: [tropical fish club] Amazon to begin charging PA and CA residents ...

 

Donna,

You're talking about other counties in the same state (Iowa). I'm talking
about other states entirely. If someone living in one state, who works in a
different state, they'll need to pay that other state's income taxes, but
to have to pay sales tax of a diiferent state when living in and buying from
their own state, it would have to be illegal. Yet, the companies that
change this sales tax to out of state buyers will keep doing it as they feel they
either won't be challenged or that these out of state buyers don't know
it's illegal to charge them. State taxes are designed to tax anyone buying an
item within that state either as buying on spot (taking the item with you)
over the counter or buying and having the item shipped to one's residence
within that state, but not shipped to a residence outside of that state, as a
resident of another state has no obligation to pay sales taxes in a different
state unless he or she also buys an item on spot over the counter in that
state and takes it with them.

At least, that's the way the state sales taxes have always worked here in
the East. As a resident of New Jersey, if I go into New York and buy an item
(on the spot, over the counter) and take it with me, I am expected to pay
that states sales taxes. But, if I either go into New York, or phone an
order in from NJ, and buy an item in New York but have it shipped to New Jersey,
there is no New York sales tax levied against me as it's illegal for a
company in NY to tax an item being shipped to a out of state residence.

In this case, it doesn't matter which state the buyer resides in, it matter
in which state the residence is located in. This is why, when buying an
item on the spot in another state -- but having it shipped to my state -- I'm
not asked to prove where I live -- it's the out of state shipping address
that determines that the item is not taxable. For that matter, as an example,
if a resident of New York -- who's residence is of course in New York but
right next to the State border, had an item shipped to their next door
neighbor in New Jersey, again, this item would not be taxable ---- or shouldn't
legally be taxable even if it's coming from Amazon.com. Some companies will
try anything though, to get more money coming in that they don't need to
report to their state. After all, when you file your state taxes, there's no
provision for you to report sales tax in another state as a deduction, only in
your own state -- so it's not reportable and the out-of-state company is
not accountable for it.

Ray

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