The era of 'tax free' online shopping...

wbarnhill

Final Approach
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appears to be coming to a close, as states are looking for more tax revenue anywhere they can find it.

http://news.cnet.com/8301-13578_3-20002870-38.html

Amazon.com filed a lawsuit on Monday to fend off a sweeping demand from North Carolina's tax collectors: detailed records including names and addresses of customers and information about exactly what they purchased. The lawsuit says the demand violates the privacy and First Amendment rights of Amazon's customers. North Carolina's Department of Revenue had ordered the online retailer to provide full details on nearly 50 million purchases made by state residents between 2003 and 2010.



So have any of you paid the appropriate use tax on your online purchases? :aureola:
 
But what did the state have to do with the purchase? Similar to property tax, sales taxes are suppose to encourage governments to maintain a decent business climate. Otherwise what's the incentive for government to attract business to their state?
 
The KS tax form has a space for you to fill in your "use tax". There is a table to use if your AGI is at or below a certain amount. There is a formula to use if your AGI is greater than that amount. I remember it being on the tax form last year, too, but can't remember back prior to that.

I don't remember for sure, but I don't think there is any provision in the instructions to skip the tax, either. So even if you DIDN'T purchase anything over the internets you have to pay.
 
Actually, I only infrequently buy things online because I'm not usually here to sign for them when they arrive.

As for the threats by various states (New York being on of them) to subject retailers to all manner of intrusive and costly requirements so they can be the States' unpaid tax collectors, I think what's needed is a united front by online retailers. All of them should simply stop doing business in those states, and let the customers complain to their legislators about it.

-Rich
 
But what did the state have to do with the purchase?

That's a good question. If I order a book from Amazon and it ships from a distribution center in KS, what is the impact on my home state? None that I can think of, other than a little wear and tear on the highways/streets from the UPS truck. But that wear and tear on the road is supposed to be covered by the fuel tax, so...
 
But what did the state have to do with the purchase? Similar to property tax, sales taxes are suppose to encourage governments to maintain a decent business climate. Otherwise what's the incentive for government to attract business to their state?

They call it 'use tax' because you purchased the item from out of state and didn't pay a local tax on it. I have a feeling that NC will be allowed to ask for user information along with the total non-taxed amount for the year, and then demand that the NC residents pay that use tax. That way the customer purchases are anonymous, but the amount is passed along to the relevant state.
 
Actually, KS does let you skip the tax if you didn't buy anything out of state:



An entry is required on line 18.
If no untaxed outof-
state purchases were made or you did not live in
Kansas during 2009, enter a zero on line 18. If you
are currently registered to report and remit Kansas
compensating use tax, continue to do so on Form CT-10U,
Compensating Use Tax Return, and enter a zero on line 18.


Here is the explanation:

Since 1937 Kansas has imposed a
compensating use tax on goods and merchandise
purchased from outside Kansas and used, stored
or consumed in Kansas. Its purpose is to protect
Kansas retailers from unfair competition from outof-
state retailers who sell goods tax-free by applying
a tax on these items equal to the Kansas sales tax
rate. It also helps to assure fairness to Kansans
who purchase the same items in Kansas and pay​
Kansas sales tax on them.
 
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What legal basis is there for a state to demand an out of state entity to provide information? What penalty can the North Carolina assess on Amazon? I think Amazon screwed up when it provided the state the anonymized information.
 
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Michigan gives you the option of itemizing the out of state purchases or just looking up a number based on your adjusted gross income (for the small stuff).

Every state that has a sales tax has
a companion tax for purchases
made outside that state by catalog,
telephone, or Internet. In Michigan,
that companion tax is called the “use
tax,” but might be described more
accurately as a remote sales tax
because it is a 6 percent tax owed on
purchases made outside of Michigan.
Use tax is due on catalog, telephone,
or Internet purchases made from
out‑of‑state sellers as well as
purchases while traveling in foreign
countries when the items are to be
brought in to Michigan. Use tax must
be paid on the total price (including
shipping and handling charges).
Line 1: For purchases of $0-$1,000, if
you know the amount, multiply your
total purchases times 6 percent (0.06)
and enter the amount on Line 1, or
For purchases under $1,000, if you
have incomplete or inaccurate receipts
to calculate your purchases, you may
use Table 1 - Use Tax to estimate your
taxes. (See the following example.)
Line 1 should contain a number
unless you made no purchases under
$1,000 subject to the use tax. If we
later determine that you owe use tax,
you may be subject to penalty and
interest.
Line 2: In all cases, if a single
purchase is $1,000 or more, you
must pay 6 percent use tax on those
purchases.

Airplanes go on line 2...
 
State govt's have been trying to get at those sales for years. The notion of the "use tax" is obnoxious, but then so are many tax concepts IMHO, as you well know.
 
Every year in April I have to swear out dozens of statements -- one for every company that advertises on any of my sites (except those that have physical presences in New York) -- stating that I did not engage in any activities to specifically target buyers in New York State to purchase my advertisers' products. Without those statements, I become the advertisers' New York State presence, and (according to New York) the advertisers will be required to collect New York State sales taxes on all sales to NYS residents.

Needless to say, many advertisers can't be bothered collecting these affidavits every year (nor of running the risks if a publisher lies about his or her sales activities in New York). So when the law went into effect, about a third of my advertisers stopped advertising. So not only does NYS not collect the sales tax, they also don't collect the income tax I would be paying on that revenue.

An additional effect is that on my tech support site (which obviously is locally targeted), I can't place monetized links to products and services that my visitors might be interested in, such as online backup, virus scanners, hardware, etc. To do so would void my statement with regard to all of my non-geographically targeted sites.

At one time I made several hundred dollars of taxable income from those links every month. Not exactly a windfall, but the state got their cut of it. But as a result of the state's blinding drive to collect every last penny of tax, that revenue stream is now gone. And so the state gets their cut of nothing.

-Rich
 
You sound excited about this.

Not at all actually. I don't think NC has the right to demand a company with no physical presence in the state provide them anything... But I could easily be wrong.
 
Not at all actually. I don't think NC has the right to demand a company with no physical presence in the state provide them anything... But I could easily be wrong.

I would bet that an order that is made against the company could be enforced in another state via the "Full Faith and Credit" clause of the Constitution.
 
Every year in April I have to swear out dozens of statements -- one for every company that advertises on any of my sites (except those that have physical presences in New York) -- stating that I did not engage in any activities to specifically target buyers in New York State to purchase my advertisers' products. Without those statements, I become the advertisers' New York State presence, and (according to New York) the advertisers will be required to collect New York State sales taxes on all sales to NYS residents.

Needless to say, many advertisers can't be bothered collecting these affidavits every year (nor of running the risks if a publisher lies about his or her sales activities in New York). So when the law went into effect, about a third of my advertisers stopped advertising. So not only does NYS not collect the sales tax, they also don't collect the income tax I would be paying on that revenue.

An additional effect is that on my tech support site (which obviously is locally targeted), I can't place monetized links to products and services that my visitors might be interested in, such as online backup, virus scanners, hardware, etc. To do so would void my statement with regard to all of my non-geographically targeted sites.

At one time I made several hundred dollars of taxable income from those links every month. Not exactly a windfall, but the state got their cut of it. But as a result of the state's blinding drive to collect every last penny of tax, that revenue stream is now gone. And so the state gets their cut of nothing.

-Rich

:crazy::crazy::crazy:

I love taxes.
 
What legal basis is there for a state to demand an out of state entity to provide information?...
I know nothing, but even if states had no such right, wouldn't it be possible for them to make agreements to cooperate, sort of like extradition, since cooperation on this front is mutually beneficial?
-harry
 
I know nothing, but even if states had no such right, wouldn't it be possible for them to make agreements to cooperate, sort of like extradition, since cooperation on this front is mutually beneficial?
-harry

That would be an interstate compact, and would require the consent of Congress. States are free to enter into agreements and contracts with any party other than another State...go figure.
 
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