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#21
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OEM Online Honda Parts Sites
Dave Kelsen wrote: > On 12/26/2007 8:05 PM Grumpy AuContraire spake these words of knowledge: > >> >> jim beam wrote: >> >>> Say What? wrote: >>> >>>> jim beam wrote: >>>> >>>>> Say What? wrote: >>>>> >>>>>> jim beam wrote: >>>>>> >>>>>>> Say What? wrote: >>>>>> >>>>>> >>>>>> >>>>>>>> state for use in your home state but didn't pay any taxes. See >>>>>>>> what they say about that. I'm sure they'll be more than happy >>>>>>>> to send you the appropriate reporting form. >>>>>>> >>>>>>> >>>>>>> >>>>>>> not for online transactions - the supremes nixed that. >>>>>>> http://www.cbpp.org/12-13-99tax.htm >>>>>> >>>>>> >>>>>> >>>>>> Jim, please re-READ what you have quoted. It's pretty clear but >>>>>> you do have to read and understand what their ruling was. I stand >>>>>> by my original post. >>>>>> >>>>>> Quote from your link, above: >>>>>> >>>>>> Who Will Remit Sales Taxes on Internet and Mail-Order Sales? >>>>>> >>>>>> The vitality of the sales tax as a critical state and local >>>>>> government revenue source has been eroded in recent years by the >>>>>> rapid growth in mail-order and Internet sales. Sales taxes are due >>>>>> on mail-order and Internet purchases just as they are on purchases >>>>>> in stores.(1) But a large majority of the sales taxes due on >>>>>> mail-order and Internet purchases made by individual consumers and >>>>>> a significant share of the taxes due on purchases made by >>>>>> businesses are effectively uncollectible. States and localities >>>>>> are unable to collect these taxes because the Supreme Court has >>>>>> prohibited states from requiring mail-order and Internet merchants >>>>>> to charge the customer for the tax and remit it to the customer's >>>>>> state unless the merchant has a physical presence or "nexus" >>>>>> within the state's borders. This means that although an Internet >>>>>> merchant like Amazon.com presumably has customers in every or >>>>>> nearly every state, it can only be required to collect sales tax >>>>>> from customers in its home state of Washington and a handful of >>>>>> other states in which it has built warehouses or stationed personnel. >>>>>> >>>>>> If the seller does not charge and remit the tax, laws require >>>>>> customers of Internet and mail-order companies to pay the state >>>>>> and local sales tax directly to their home states. However, >>>>>> compliance with this self-remittance requirement is almost >>>>>> non-existent in the case of individual consumers and is spotty in >>>>>> the case of businesses that make purchases from Internet, >>>>>> mail-order, and other "remote" sellers. The combination of weak >>>>>> tax compliance by purchasers and a sharply limited tax collection >>>>>> obligation on the part of remote sellers is eroding the sales tax >>>>>> base of state and local governments >>>>>> >>>>> >>>>> what part of: >>>>> "...because the Supreme Court has prohibited states from requiring >>>>> mail-order and Internet merchants to charge the customer for the >>>>> tax and remit it to the customer's state unless the merchant has a >>>>> physical presence or "nexus" within the state's borders" is unclear? >>>> >>>> >>>> >>>> I saw it but kept on reading which, apparently, you did not. >>>> >>>> What part of... >>>> >>>> "Sales taxes are due on mail-order and Internet purchases just as >>>> they are on purchases in stores." >>>> >>>> and >>>> >>>> "If the seller does not charge and remit the tax, laws require >>>> customers of Internet and mail-order companies to pay the state and >>>> local sales tax directly to their home states. However, compliance >>>> with this self-remittance requirement is almost non-existent in the >>>> case of individual consumers and is spotty in the case of businesses >>>> that make purchases from Internet, mail-order, and other "remote" >>>> sellers.." is unclear to you? >>>> >>>> Remember, if you will, that the OP said that he had no obligation to >>>> pay the tax himself. He is obliged to pay it. As you have pointed >>>> out, the merchant selling to him is NOT required to collect it >>>> unless they have a physical presence or nexus in his state. The >>>> synopsis of the USSC decision also points out that the tax which is >>>> due is "effectively uncollectable," I said as much in my post. >>> >>> >>> >>> in other words, you're arguing against yourself. well done. >> >> >> >> Well, actually you both are... It is legislation that was passed that >> prohibits any form of internet taxes except when a vendor has a >> physical presence in the affected state... >> >> But the short of it is, generally no tax.. >> >> JT > > > Altogether wrong. > > Remember that we're talking about state taxes here. > > What the Supreme Court said was, in essence, 'you owe the tax, but we're > not going to force the seller to collect it.' > > The buyer still owes it, and the state can (and if it knows about it, > will) collect it. > > > RFT!!! > Dave Kelsen So, did you pass fifth grade civics? It appears that YOU have the problem parsing here... JT |
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#22
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OEM Online Honda Parts Sites
Elmo P. Shagnasty wrote: > In article >, > Grumpy AuContraire > wrote: > > >>If they, (the vendor), has no physical presence in your state and the >>order is via the internet, NO TAX OF ANY KIND CAN BE COLLECTED. > > > It CAN be collected and passed on to the local taxing authority. > > However, there's no mandate that such collection take place in such a > situation. > > There's a big difference. A retailer may act as a tax collector for any > venue. > That retailer who collects a bogus tax is open to litigation which they will lose. A state law can never trump a federal law. In this case, federal law is specific regarding taxes and the internet. That's why state guv'ments are cryin' that giant whining sound. JT |
#23
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OEM Online Honda Parts Sites
"E Meyer" > wrote
> Back to my original assertion -- This is the most anal > retentive thread of > the year. I'm still waiting for that show of hands. Who > here has sent > unsolicited sales tax payments for internet purchases to > their state? They are solicited. Google to verify the point. I posted my carefully qualified comment only to be complete. Fact is, states are trying to deal with the loss of sales tax revenue from internet purchases. I have at least once paid taxes on internet purchases. It was due in small part to fear of possibly being audited for other things. But other times I have blown it off, breaking the law. Fact is it's a pittance. I happen to be grateful to live in a country where the chances of my political leaders being murdered, along with dozens of innocent people, are slim. Paying taxes to support our government (while it's a terrible system, I know you seriously could not come up with another one). Your reaction is stupidity. Why do you care what other people's personal choices are? You some kind of busybody? The bigger point of the thread is I paid some $4 in sales tax yesterday to a local internet OEM parts supplier and saved some $17 (Majestic's s/h charge) in transportation etc. costs. The part was the same price both locally and at Majestic. These days, before ordering online from a company far away, folks should either google or call their dealer and ask if they have a parts department that sells through the internet, with competitive yada prices. |
#24
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OEM Online Honda Parts Sites
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#26
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OEM Online Honda Parts Sites
"Dave Kelsen" > wrote
> The only point I have made, and I think this is true of > most of the others in this thread who have posted, is that > the tax exists, and the authority to collect it exists. > The states don't have the means, or in some cases the > desire, to collect it, and you can almost assuredly > continue to not pay sales tax on those items with > impunity. Agreed, except I think this may change sooner rather than later. It of course would likely require a change in federal law to have any teeth, since the key probably is to get internet stores to collect the tax. > Similarly, I continue to exceed posted speed limits, > because the state (and county, municipal) authorities > don't have the means to enforce the law - they aren't able > to stop me most of the time when I do it. But when I do, > I am aware that I am breaking a law; I'm just not likely > to get caught. When I make a purchase over the internet > and do not pay sales tax when I submit my taxes at the end > of the year, I am breaking the law; I'm just not likely to > get caught. The above denotes my thoughts as well, of course. More importantly-- I pulled up to the dealership yesterday to make my incredibly savvy parts purchase. One space right in front of the showroom is available for beautiful me and my beloved crate (my 1991 Civic). Dashing young man in gleaming white shirt and nice tie (car salespeople have the nicest ties) comes out to "greet me." I smile, greet him back, and point out, "Purrs like a kitten, doesn't she?... Daggang Civic won't die... I just need a few parts." Though defeated, he laughs, nods, and strolls away. With my Honda, I ain't sharkbait. She runs even better with the new ignition wires. :-) |
#27
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OEM Online Honda Parts Sites
Howard Lester wrote:
> "jim beam" wrote > >>> Remember, if you will, that the OP said that he had no obligation to pay >>> the tax himself. He is obliged to pay it. As you have pointed out, the >>> merchant selling to him is NOT required to collect it unless they have a >>> physical presence or nexus in his state. The synopsis of the USSC >>> decision also points out that the tax which is due is "effectively >>> uncollectable," I said as much in my post. > >> in other words, you're arguing against yourself. well done. > > You'd make a good lawyer. I wouldn't retain him based on this thread. |
#28
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OEM Online Honda Parts Sites
Elle wrote:
> "Inigo Lopez de Loyola" <i@hs> wrote >> If you buy online from a supplier who does not have a >> "business nexus" in your state, they can't collect sales >> tax from you any you're not "obliged" to pay it > > One is legally required to report it on one's state's taxes > and pay sales tax on it. Poster "Say What" is correct. Check > state tax instructions yourself. In NJ it asks if you've made any untaxed (sales tax) purchases. Anyone who answers "yes" is paying a Stupid Tax IMHO. |
#29
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OEM Online Honda Parts Sites
E Meyer wrote:
> And exactly who is going to be asking for these receipts? > > I live in Texas, a state which has no state income tax. There is no > personal state tax filing, no forms, no affidavits, no audits. Sales taxes > are collected by businesses. > > The Federal government has no incentive to care about this. If you live in a > state without an income tax, sales taxes are deductible, thereby possibly > reducing your federal income tax due. > > Back to my original assertion -- This is the most anal retentive thread of > the year. I'm still waiting for that show of hands. Who here has sent > unsolicited sales tax payments for internet purchases to their state? I think you have your answer. |
#30
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OEM Online Honda Parts Sites
Dave Kelsen wrote:
> On 12/27/2007 1:25 PM E Meyer spake these words of knowledge: <snipped> "The best years of your life are the ones in which you decide your problems are your own. You do not blame them on your mother, the ecology or the president. You realize that you control your own destiny." -- Albert Ellis Wow, not often I see Al Ellis quoted online! |
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