Quantum Windbag
Gold Member
- May 9, 2010
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They are not exempt from the tax liability.
If you live in a State that does not join the consortium (or your state does not comply with the alternative) you still owe the tax liability, it's just that the State will not get to have the seller collecting it. The liability still exists, the costumer is still responsible for remitting the tax liability directly to the state.
Let's say I live in VA and I buy a $1000 T.V. through Dicks Internet TV Sales and VA does not comply with the requirements of the law to have Dicks Internet TV Sales out of FL then collect the sales tax. Currently, because it's an out-of-state e-commerce transaction, ZERO sales tax is collected at the time of sale - none for FL and none for VA. I as the consumer still have the tax liability and under VA law I'm required to remit a 5% sales/use tax directly to VA.
But because there is no transaction or tax reported to VA there is no record for them to pursue, therefore it requires the consumer to function post-sale on the "honor system". A system that has not worked for States in terms of collecting sales/use tax for the years these laws have been in place. The first time I ran into out-of-state purchases requiring state sales tax was 1984.
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Let me get this straight, even without this law states can actually collect sales taxes? Why do we need the law again?
States collect Sales or Use Tax. Sales taxes are collected at the time of sale based on the location of the purchaser by the business and remitted to the taxing authroity. Use taxes are collected after the sale, normally are the same amount as the sales tax, and are supposed to be collected on the "honor system" (since there is no way to enforce it for most items) after the sale when the buyer has the item delivered or returns it to the state of residence (normally with some exceptions for time (like six months) and for the payment of another states sales tax).
The argument is the people under the honor system do not comply with the User Tax and therefore politicians are shifting from that to the time of sale paradigm used for Sales Tax.
Can you explain why New York businesses should be paying California taxes in the first place? And Why New York should collect them for California?
Businesses don't pay the tax the purchaser pays the tax.
So the real question is why a purchaser in New York should be paying a New York tax or a Californian paying a California tax? The answer is that the purchaser uses the services provided by that State, since nothing is free those services cost money, and the purchaser (under that States laws) is required to remit a tax based on the transaction within that State. And yes when a person lives in a state, has the item delivered to that state, and pays for it from that state (electronically) - that transaction from the consumers standpoint occurred in that State.
Do you know who benefits from this law?
1. The States themselves as they will see an increase in revenue as consumers are currently using the loophole created by the Quill v. North Dakota decision to pay ZERO sales tax on e-commerce transactions. Having a mechanism to close that loophole will increase revenue to the State and allow those with budget shortfalls one means of closing the gap (and the other should be reduced spending, but that is the subject for a different thread).
2. All citizens in the State in question as the increased revenue would mean that a general increase in the sales tax rate would not be needed or other increases in other revenue streams - such as real estate, other personal property taxes, and income tax rates.
3. Brick and Mortar stores will see their competitive disadvantage regarding Sales Tax collection reduced (it isn't eliminated because all B&M retailers must collect sales tax, while only online e-commerce retailers with over one million in sales will be required to collect sales tax). They will still have, in general, other competitive disadvantages, such as: higher cost of retail space v. warehouse space, higher employee costs, higher training costs for customer service, volume discount purchasing which might not be as great as a specialized online retailer, lower property taxes (prime retail v. non-retail business space), etc. The other gap reduction fact is that e-commerce retailers have to charge shipping (whether it is "included" free hidden in the purchase price or whether it is included as a separate line in the transaction). In general though the cost of operations for an e-retailer will still be lower than for a B&M retailer meaning they can still offer better prices.
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Could it be that the reason they don't comply under the honor system is that the states are doing a bad job of explaining it to them?
Most countries have higher taxes because they have a really hard time collecting them. The US, on the other hand, routinely gets 90%+ compliance levels even though all tax collection is done under the honor system, even sales taxes. No government has the resources to audit every business to make sure all the money they are collecting for sales taxes is properly reported. Everyone, including the government, knows this, which is why they don't even try. Yet they routinely get very high compliance levels even though they never attempt to enforce the laws, it is all based on the honor system.
If it is really as simple as you say to design a system that figures out the taxes, and automatically adds it to a purchase, the government should set it up, and use it themselves. The reason they do not want to do so is they actually understand, unlike you, just how complicated this system actually is, have a pretty good idea of how much it will cost, and how much of a burden it will be for the people using it. This is why they want to force other people to do it for them.
As a side note, if sales taxes are a competitive disadvantage the easiest thing to do is eliminate sales taxes, not force more people to collect them, and then rely on an honor system for them to actually pay.
It also demonstrates why you should do what I suggested in the first place, stop pretending you know what you are talking about.
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