ACor58 Posted August 18, 2008 Posted August 18, 2008 Just ordered weeding bands for me and the future wife from Blue Nile (Great Company BTW). I am charged 8% because the State just passed a law requiring sales tax on out of state purchases. F**k you Shelley Silver, you scumbag piece of sh-- and f**k you Patterson!
stuckincincy Posted August 18, 2008 Posted August 18, 2008 Just ordered weeding bands for me and the future wife from Blue Nile (Great Company BTW). I am charged 8% because the State just passed a law requiring sales tax on out of state purchases. F**k you Shelley Silver, you scumbag piece of sh-- and f**k you Patterson! OH has a law like that - but nobody volunteers to pay it on on-line purchases. However - if you order on-line AND the seller has a physical presence in the State...retail store, distribution center...the seller will then add sales tax to the bill.
/dev/null Posted August 18, 2008 Posted August 18, 2008 I wonder if Spitzer is going to have to pay sales tax on his next service call
Buford T. Justice Posted August 18, 2008 Posted August 18, 2008 Newegg put the sales tax in place right before I started building my new computer. That really sucked.
Fingon Posted August 18, 2008 Posted August 18, 2008 This won't last long, as it's widely considered unconstitutional.
John Adams Posted August 19, 2008 Posted August 19, 2008 This won't last long, as it's widely considered unconstitutional. Link? How could it be unconstitutional? States charge sales taxes for almost anything. Online sales have never been different.
DC Tom Posted August 19, 2008 Posted August 19, 2008 Link? How could it be unconstitutional? States charge sales taxes for almost anything. Online sales have never been different. Only if the states are charging it on out-of-state purchases...but to the best of my knowledge, no one's doing that. I wonder, though...what are the laws concerning mail-order purchases? I never recall buying anything via mail-order that I've paid sales tax on (not that I do that often to begin with). Looking at one of my tool catalogs, though..."We are required by law to collect sales tax in certain states because of our retail presence..." So apparently it's not unprecedented. The only reason people complain about the internet and not mail-order are the same reason they're trying to tax it: sales volume is so much higher.
Just Jack Posted August 19, 2008 Posted August 19, 2008 Just ordered weeding bands for me and the future wife from Blue Nile (Great Company BTW). Is this something new for couples that garden together? However - if you order on-line AND the seller has a physical presence in the State...retail store, distribution center...the seller will then add sales tax to the bill. NY used to be like this, till the new law went in effect, I think it was June. Before then, paying internet sales tax was voluntary on your state income tax form.
John Adams Posted August 19, 2008 Posted August 19, 2008 Only if the states are charging it on out-of-state purchases...but to the best of my knowledge, no one's doing that. I wonder, though...what are the laws concerning mail-order purchases? I never recall buying anything via mail-order that I've paid sales tax on (not that I do that often to begin with). Looking at one of my tool catalogs, though..."We are required by law to collect sales tax in certain states because of our retail presence..." So apparently it's not unprecedented. The only reason people complain about the internet and not mail-order are the same reason they're trying to tax it: sales volume is so much higher. You are obligated to report and pay those taxes. Unlike a point of purchase sale, the onus of paying those taxes is on you. So I'm sure you meant that you regularly pay sales taxes on mail order items, just not at the time of purchase.
Fingon Posted August 19, 2008 Posted August 19, 2008 Link? How could it be unconstitutional? States charge sales taxes for almost anything. Online sales have never been different. No, it's unconstitutional; the supreme court ruled in 1992 that if a company does not have a physical presence in a state, they cannot be forced to collect sales taxes from customers in that state. http://www.heartland.org/Article.cfm?artId=23656 The companies say the so-called "Amazon Tax" unfairly targets some companies, violating the equal protection clause of the U.S. Constitution and contradicting a 1992 Supreme Court ruling in Quill Corp. v. North Dakota. "In 1992 the Supreme Court ruled that 'remote sellers'--at that time, mail-order firms--didn't have to collect taxes on purchases made by inhabitants of states where the businesses had no 'bricks-and-mortar' establishments," Rasmussen noted. Neither Amazon nor Overstock has bricks-and-mortar establishments in the state of New York. Under the Quill decision, that exempts them from having to pay the New York state sales tax. Likely NYS will be forced to reimburse those they collected sales tax from.
Marv's Neighbor Posted August 19, 2008 Posted August 19, 2008 I wonder if Spitzer is going to have to pay sales tax on his next service call Nah! He did it in DC!
ACor58 Posted August 19, 2008 Author Posted August 19, 2008 OH has a law like that - but nobody volunteers to pay it on on-line purchases. However - if you order on-line AND the seller has a physical presence in the State...retail store, distribution center...the seller will then add sales tax to the bill. It is no longer voluntary - Blue Nile actually charged me NYS sales tax on my purchase, even though they don't have a physical location in the "Empire State".
GG Posted August 19, 2008 Posted August 19, 2008 No, it's unconstitutional; the supreme court ruled in 1992 that if a company does not have a physical presence in a state, they cannot be forced to collect sales taxes from customers in that state. http://www.heartland.org/Article.cfm?artId=23656 Likely NYS will be forced to reimburse those they collected sales tax from. One of the hold overs from Spitzer's regime. His "NYS" claim is that by virtue of having reseller relationships that reside in NYS, Amazon is tantamount to operate in NYS, thus requiring to collect sales tax. It is an expansive interpretation, so Amazon is collecting tax while fighting in court. On the other hand, Amazon is stretching the interpretation of the "physical presence" statutes by claiming that its distribution centers across the country are not really part of Amazon because they're owned & operated by its subsidiaries. All of these will wind their way to SCOTUS, unless Congress does its job and clarifies the laws.
Buford T. Justice Posted August 22, 2008 Posted August 22, 2008 Just got this email today. Woohoo! One down, let's hope others follow. Dear Valued Newegg Customer, As a result of recent changes in New York State tax law requiring certain out-of-state retailers to collect and remit sales taxes to the State of New York, we began collecting applicable sales tax for all orders shipped to New York addresses starting June 1, 2008. After careful review and consideration, we are pleased to inform you that we have stopped collecting New York sales tax, effective August 21, 2008. This decision was driven by your direct and candid feedback and our continued commitment to you as our valued customers. We appreciate your patience as we worked through this process, and would like to reiterate our commitment in offering our customers the broadest product selection, competitive pricing, fastest shipping, and award-winning customer service. We look forward to continuing to provide you with the premier online shopping experience for all of your IT and consumer electronics needs. Sincerely, Bernard Luthi Newegg.com Company Spokesperson and Vice President of Merchandising Disclaimer: While Newegg no longer charges sales tax to its New York customers effective August 21, 2008, you may still have an obligation to pay New York State use tax on your purchases. Newegg cannot offer you any tax advice, so please refer to applicable law if you have any questions about use tax. Nothing in this email shall be deemed to approve the validity of any New York State law, including but not limited to section 1101(b)(8)(vi) of the New York State Tax Law, which purports to require Newegg to collect and remit New York State sales tax on its sales to residents of that state.
/dev/null Posted August 22, 2008 Posted August 22, 2008 Just got this email today. Woohoo! One down, let's hope others follow.you may still have an obligation to pay New York State use tax on your purchases. How is that good news? Just because Newegg isn't collecting the tax for NYS you're still liable to pay it on your own
Buftex Posted August 22, 2008 Posted August 22, 2008 Is this something new for couples that garden together? Or the couples that sell weed together? No sales tax on that...yet!
Chilly Posted August 22, 2008 Posted August 22, 2008 Or the couples that sell weed together? No sales tax on that...yet! Technically there is sales tax, they just can't track it though.
eSJayDee Posted August 23, 2008 Posted August 23, 2008 Just because Newegg isn't collecting the tax for NYS you're still liable to pay it on your own Actually, when they usurp it on your Income Tax (F%$#@@ them for that the 1st time they did it as AFAIK, it wasn't widely disclosed b4hand) you have the option of paying a prescribed amount based on your income, which could be SUBSTANTIALLY less than what you were to actually owe if they collected it based on actual sales prices. So, for low income individuals &/or people who make large internet/catalog purchases, it is good news.
Buford T. Justice Posted August 23, 2008 Posted August 23, 2008 How is that good news? Just because Newegg isn't collecting the tax for NYS you're still liable to pay it on your own And like anybody does? They've had the law in NY for years that if you buy anything in another county, you must claim it and pay the difference in sales tax from your own county. Nobody claims it.
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