Out of state tax?
#6543546
05/25/19 06:13 AM
05/25/19 06:13 AM
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Joined: Feb 2009
Posts: 1,186 St. James, Missouri
Bigbuck
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St. James, Missouri
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Ok I bought a rifle online & out of state from a gun shop in AZ. and I live in MO. we agreed on a price with shipping extra of $35.00. A few hours later I get an email from the guy charging me out of state sales tax of $67.10 is this against the law to charge tax to someone out of state for a purchase? I have bought other rifle's out of state before & have never been charged sales tax.What are your thoughts?
A long hair country boy can survive
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Re: Out of state tax?
[Re: Bigbuck]
#6543549
05/25/19 06:38 AM
05/25/19 06:38 AM
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Joined: Mar 2013
Posts: 17,039 Fredonia, PA.
Finster
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First I've ever heard of that. Doesn't sound correct.
I BELIEVE IN MY GOD, MY COUNTRY AND IN MYSELF.
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Re: Out of state tax?
[Re: Bigbuck]
#6543579
05/25/19 08:08 AM
05/25/19 08:08 AM
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Joined: Dec 2006
Posts: 20,085 SEPA
Lugnut
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I thought a company could only charge you sales tax if they had a "brick and mortar" presence in your home state?
Eh...wot?
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Re: Out of state tax?
[Re: Bigbuck]
#6543598
05/25/19 08:45 AM
05/25/19 08:45 AM
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Joined: May 2010
Posts: 10,485 MN
Steven 49er
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South Dakota v. Wayfair opened the door to internet sales tax even if the store isn't located in your own state. It was never against the law for an out of state business to charge sales tax, the law was businesses werent required to collect tax to from an out of state customer. Then it was the responsibility of the customer to pay the required tax to their own state of course no one did or does. After the supreme court decision laws were passed by respective states requiring businesses to collect tax for the state the customer resides in. It looks as though missouri was working towards passing an internet sales tax law this spring. Maybe it passed. https://fox2now.com/2019/04/09/missouri-house-advances-bill-to-collect-online-sales-taxes/
Last edited by Steven 49er; 05/25/19 08:59 AM.
"Inflation is always and everywhere a monetary phenomenon". Milton Friedman.
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Re: Out of state tax?
[Re: Lugnut]
#6543608
05/25/19 08:59 AM
05/25/19 08:59 AM
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Joined: Nov 2011
Posts: 9,132 SWMo.
tjm
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I thought a company could only charge you sales tax if they had a "brick and mortar" presence in your home state? https://www.nolo.com/legal-encyclopedia/50-state-guide-internet-sales-tax-laws.htmlOn June 21, 2018, the United States Supreme Court fundamentally changed the rules for collection of sales tax by Internet-based retailers. In its decision in South Dakota v. Wayfair Inc., the Court effectively stated that individual states can require online sellers to collect state sales tax on their sales. This ruling overturns the Court’s 1992 decision in Quill Corporation v. North Dakota. The Quill case prohibited states from requiring a business to collect sales tax unless the business had a physical presence in the state. State laws are changing and there is talk of a Federal law that might over turn some state laws. I think he does not have to collect Mo tax at this time but will have to in the future, but, I am not a lawyer.
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Re: Out of state tax?
[Re: tjm]
#6543611
05/25/19 09:01 AM
05/25/19 09:01 AM
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Joined: Dec 2006
Posts: 20,085 SEPA
Lugnut
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Thanks for the info tjm and Steven.
Eh...wot?
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Re: Out of state tax?
[Re: tjm]
#6543625
05/25/19 09:26 AM
05/25/19 09:26 AM
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Joined: Feb 2009
Posts: 1,186 St. James, Missouri
Bigbuck
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Thanks guy's I'll be calling the owner when he opens today to plead my case.
A long hair country boy can survive
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Re: Out of state tax?
[Re: Bigbuck]
#6543654
05/25/19 10:13 AM
05/25/19 10:13 AM
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Joined: May 2010
Posts: 10,485 MN
Steven 49er
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The days of skirting sales tax through internet purchases is pretty much coming to an end.
"Inflation is always and everywhere a monetary phenomenon". Milton Friedman.
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Re: Out of state tax?
[Re: Steven 49er]
#6543676
05/25/19 10:46 AM
05/25/19 10:46 AM
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Joined: Feb 2009
Posts: 1,186 St. James, Missouri
Bigbuck
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I just talked to the owner and he said that his new guy did not know about out of state sales tax, he said he will reimburse me 100% of the sales tax that I was charged. Good deal
A long hair country boy can survive
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Re: Out of state tax?
[Re: Bigbuck]
#6543689
05/25/19 10:57 AM
05/25/19 10:57 AM
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Joined: Oct 2014
Posts: 5,081 montana
red mt
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I sure like living in a no sale tax state
Kenneth schoening
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Re: Out of state tax?
[Re: Bigbuck]
#6543715
05/25/19 11:41 AM
05/25/19 11:41 AM
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Joined: Sep 2010
Posts: 6,599 NC, Orange Co.
QuietButDeadly
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Requiring the collection of sales tax for the state where the buyer resides will drastically reduce the options that the buyer has. With the complexity of dealing with every state and special districts within some states, many (I think most) small businesses will be driven out of business. Only the big outfits like Amazon and WalMart will be able to afford the systems that determine the tax rate by zip code and then allocate it to the proper account and submit it to the proper state. I know in NC we have a state wide rate as a base but some counties have assessed a local tax on top of the base rate. Merchants in those counties collect the higher rate at their brick and mortar stores regardless of where the customer lives.
Telling the merchant they have to know and collect the appropriate sales tax rate based on where the customer lives will turn retail business on it's head. And this is exactly what requiring the collection of sales tax on internet sales would require.
Keeping up with the tax rates in all 50 states and special districts within those states would be a huge undertaking and expense to any business and would certainly affect competition for the consumers dollar.
Life Member: NCTA, VTA, NTA, TTFHA, MFTI Member: FTA NRA NWTF
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Re: Out of state tax?
[Re: QuietButDeadly]
#6543743
05/25/19 12:39 PM
05/25/19 12:39 PM
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Joined: Nov 2011
Posts: 9,132 SWMo.
tjm
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Requiring the collection of sales tax for the state where the buyer resides will drastically reduce the options that the buyer has. With the complexity of dealing with every state and special districts within some states, many (I think most) small businesses will be driven out of business. Only the big outfits like Amazon and WalMart will be able to afford the systems that determine the tax rate by zip code and then allocate it to the proper account and submit it to the proper state. I know in NC we have a state wide rate as a base but some counties have assessed a local tax on top of the base rate. Merchants in those counties collect the higher rate at their brick and mortar stores regardless of where the customer lives.
Telling the merchant they have to know and collect the appropriate sales tax rate based on where the customer lives will turn retail business on it's head. And this is exactly what requiring the collection of sales tax on internet sales would require.
Keeping up with the tax rates in all 50 states and special districts within those states would be a huge undertaking and expense to any business and would certainly affect competition for the consumers dollar. My zipcode includes two city governments and a big chunk of outside the city area, the seller would have to go street by street, mailbox by mailbox and even then would likely end up wrong.
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