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Posted: 10/13/2005 11:43:37 AM EDT
Link Posted: 10/13/2005 11:45:24 AM EDT
I'd tell them that you may consider ordering from them in six months when they quit adding on unnecessary charges.
Link Posted: 10/13/2005 11:46:17 AM EDT
Bollocks!
Link Posted: 10/13/2005 11:47:03 AM EDT
They can charge you whatever they think they can get away with and call it whatever they want, but there's no way they are going to remit that "tax" money to the state of VA.
Link Posted: 10/13/2005 11:48:22 AM EDT
Link Posted: 10/13/2005 11:48:45 AM EDT
Unless they have a tax certificate for your state, what they are doing is illegal.
Link Posted: 10/13/2005 11:48:59 AM EDT
Link Posted: 10/13/2005 11:50:33 AM EDT

Originally Posted By Hoplite:

Originally Posted By SmilingBandit:
I'd tell them that you may consider ordering from them in six months when they quit adding on unnecessary charges.

I didnt complete the order after seeing this charge, as miniscule as it was. I think i will wait 6 months because of that email reply.



Just be sure to let them know it.
Link Posted: 10/13/2005 11:53:44 AM EDT
NY now asks that you report any out of state purchases on your tax return so you can be charged NY sales taxes on them!!!
Link Posted: 10/13/2005 12:01:34 PM EDT

Originally Posted By mcantu:
NY now asks that you report any out of state purchases on your tax return so you can be charged NY salesuse taxes on them!!!



Use tax is sales tax's evil twin.
Weird. They're assuming that the nexus/point of sale for the transaction is in their state rather than the customers.
That company should only be charging NY sales to you if they have a NY tax certificate. It should also be at the high 8% or so NY S/T rate, not the 5% VA sales tax rate. They would then remit the sales tax to NY, removing your obligation to remit use tax personally. Of course since NY assumes that you cheat them, they charge you a de minimus use tax on your yearly tax return.

Why did I leave NY again. Oh yes, now I remember!
Link Posted: 10/13/2005 12:02:06 PM EDT
Columbia House DVD club does that, so I quit buying from them. If they collect out of state sales tax they have to have some type of agreement with the state they're charging on their behalf. If they're collecting it and not sending it to the state then that's illegal. Dunno how'd you find that out, maybe your state revenue web site for starters
Link Posted: 10/13/2005 12:02:44 PM EDT
Link Posted: 10/13/2005 12:08:07 PM EDT

Originally Posted By cmjohnson:
IF a company maintains a registered business address in your state, they can charge sales tax...in fact, they must.

Say ABC company is based in Georgia and you're in Florida. No sales tax for sales to you, UNLESS
ABC company maintains a business office in Florida. Then they have to charge the tax.

CJ



+1

Say, I order from Brownells in IA, I dont have to pay any tax, BUT if Brownells has a regional warehouse or office in CA, even though the order goes to IA, I have to pay CA sales tax as they have a CA business location.
Link Posted: 10/13/2005 12:11:15 PM EDT
[Last Edit: 10/13/2005 12:12:49 PM EDT by Hoplite]
Link Posted: 10/13/2005 12:11:30 PM EDT

Originally Posted By Hoplite:

what do you guys think?



I think they thought wrong.
Link Posted: 10/13/2005 12:14:26 PM EDT

Originally Posted By mcantu:
NY now asks that you report any out of state purchases on your tax return so you can be charged NY sales taxes on them!!!



As does my state. I have never made any out of state purchases.
Link Posted: 10/13/2005 12:14:32 PM EDT
You wanna see real robbery... buy stuff on eBay where people rape you by charging a flat rate for shipping that's about 300% over the actual cost of shipping the item.

Shop somewhere else. While you can... isn't the .gov trying to make sales tax on the net mandatory?
Link Posted: 10/13/2005 12:15:16 PM EDT

Originally Posted By Hoplite:
They dont have an office in NY and dont have a NY state tax certificate. It is a small company out of Va beach. Its not one of the vendors from here or even in the firearms industry


Don't pay it. They don't know what they are doing.
Tell them that they have no nexus in NY, and they don't have to remit or collect S/T to VA for online or catalog purchases since your being out of state removes the nexus for VA.
You of course still owe NYS use tax.
Link Posted: 10/13/2005 12:29:17 PM EDT

The whole tax thing is getting out of hand.

At work we now have to charge different tax rates for each order depending on what county a customer lives in if they are a Ohio resident.

Its a mess.
Link Posted: 10/13/2005 1:00:34 PM EDT
It’s gotten to the point where keeping up with tax laws is pretty hard for lots of people – though these guys are going to have to get their act together if they want to stay in business.

I’d be inclined to give them a break this one time.
Link Posted: 10/13/2005 1:13:43 PM EDT

Originally Posted By mcantu:
NY now asks that you report any out of state purchases on your tax return so you can be charged NY sales taxes on them!!!

Link Posted: 10/13/2005 1:20:41 PM EDT

Originally Posted By cmjohnson:
IF a company maintains a registered business address in your state, they can charge sales tax...in fact, they must.

Say ABC company is based in Georgia and you're in Florida. No sales tax for sales to you, UNLESS
ABC company maintains a business office in Florida. Then they have to charge the tax.

CJ



This is 100% correct, andis refered to as nexus.


A seller's minimum level of physical presence within a state that permits the taxing authority to require the seller to register, collect and remit sales/use tax and comply with the Country's, Province's, State's and/or County's taxing statutes and regulations.



The comapny charging you does not get any benefit out of this transaction, and in fact if they didn;t charge you and they have nexus, they will be fined.



Link Posted: 10/13/2005 1:25:17 PM EDT
Link Posted: 10/13/2005 1:30:44 PM EDT
Nexus is important. So is the concept of use tax.

Someone has the right to tax the transaction. For the most part, except in rare circumstances, use taxes on indivduals were greatly ignored - they were too small for any given individual for the state to track them down and enforce pmnt. Rare exceptions on high dollar items did happen (Tiffiany's comes to mind).

More and more, states are presuring online merchants to collect the use tax upfront. I do not know the means they are using, but am aware it is happening. I suspect it is happening to avoid sales records from being legal requested as part of tons of individual lawsuites.

Small merchants are still staying under the radar - but the big guys have bullseyes on them. Avoiding used tax may well be a thing of the past.
Link Posted: 10/13/2005 1:32:55 PM EDT
IF they have an outlet in your state, then YES, they have to charge the sales tax (Walmart, Sears, etc....)


Even if they don't charge tax, technically most states require a "use tax" that you are supposed to pay on your year tax return.
Link Posted: 10/13/2005 1:34:19 PM EDT
Link Posted: 10/13/2005 1:38:51 PM EDT
Some companies do charge you sales tax. What is fishy though, is that they charged you VA tax whilst you live in NY. The reputable co.'s that charge sales tax generally charge you tax of your state. This will probably become more prevailent as states want their share of the $$$, and not too many buyers actually give the state the sales tax they are supposed to.
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