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Out of state tax? #6543546
05/25/19 06:13 AM
05/25/19 06:13 AM
Joined: Feb 2009
Posts: 1,185
St. James, Missouri
Bigbuck Offline OP
trapper
Bigbuck  Offline OP
trapper

Joined: Feb 2009
Posts: 1,185
St. James, Missouri
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
Re: Out of state tax? [Re: Bigbuck] #6543549
05/25/19 06:38 AM
05/25/19 06:38 AM
Joined: Mar 2013
Posts: 16,988
Fredonia, PA.
Finster Offline
trapper
Finster  Offline
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Joined: Mar 2013
Posts: 16,988
Fredonia, PA.
First I've ever heard of that. Doesn't sound correct.


I BELIEVE IN MY GOD, MY COUNTRY AND IN MYSELF.
Re: Out of state tax? [Re: Bigbuck] #6543554
05/25/19 06:45 AM
05/25/19 06:45 AM
Joined: Dec 2006
Posts: 5,442
Wisconsin
Muskrat Offline
trapper
Muskrat  Offline
trapper

Joined: Dec 2006
Posts: 5,442
Wisconsin
If the seller is "big enough," the seller must remit sales tax to the state where the customer resides. The only way I can keep up with this is through my ETSY account. Fortunately they take care of that when a sale is made. They've listed the following states that require the seller to remit sales tax, followed by the date the law kicks in. The list grows. From the ETSY website:

Based on applicable tax laws, Etsy will calculate, collect, and remit sales tax for orders shipped to customers in the following state(s):

Washington
01/01/2018

Pennsylvania
04/01/2018

Oklahoma
08/01/2018

Minnesota
10/01/2018

Connecticut
02/01/2019

South Carolina
02/01/2019

Iowa
02/01/2019

South Dakota
03/01/2019

New Jersey
04/01/2019

District of Columbia
04/01/2019

Idaho
06/01/2019

New York
06/01/2019

Alabama
07/01/2019

That being said, I do not see Missouri on the list. Hmmmm . . . .


Re: Out of state tax? [Re: Bigbuck] #6543577
05/25/19 08:02 AM
05/25/19 08:02 AM
Joined: Jul 2010
Posts: 193
Columbia, MO
D
Denny Russell Offline
trapper
Denny Russell  Offline
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D

Joined: Jul 2010
Posts: 193
Columbia, MO
Years ago, I would order stuff from Cabela,s and not be charged sales tax. When they opened a retail store in Missouri, I started getting charged sales tax on my orders. I think the Missouri sales tax is charged on anything you order out of state if the business has a retail outlet in Missouri.

Re: Out of state tax? [Re: Bigbuck] #6543579
05/25/19 08:08 AM
05/25/19 08:08 AM
Joined: Dec 2006
Posts: 19,926
SEPA
L
Lugnut Offline
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Lugnut  Offline
trapper
L

Joined: Dec 2006
Posts: 19,926
SEPA
I thought a company could only charge you sales tax if they had a "brick and mortar" presence in your home state?


Eh...wot?

Re: Out of state tax? [Re: Bigbuck] #6543595
05/25/19 08:41 AM
05/25/19 08:41 AM
Joined: Mar 2018
Posts: 469
SW MISSOURI
R
Rockfarmer Offline
trapper
Rockfarmer  Offline
trapper
R

Joined: Mar 2018
Posts: 469
SW MISSOURI
No, you should not have to pay sales tax.


www.nationwidecartparts.com
3rd Infantry Division
1st Infantry Division
U.S. ARMY
Re: Out of state tax? [Re: Bigbuck] #6543598
05/25/19 08:45 AM
05/25/19 08:45 AM
Joined: May 2010
Posts: 10,421
mn north of blakely
S
Steven 49er Offline
trapper
Steven 49er  Offline
trapper
S

Joined: May 2010
Posts: 10,421
mn north of blakely
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.
Re: Out of state tax? [Re: Bigbuck] #6543601
05/25/19 08:49 AM
05/25/19 08:49 AM
Joined: Sep 2015
Posts: 181
Georgia
W
Wiz Offline
trapper
Wiz  Offline
trapper
W

Joined: Sep 2015
Posts: 181
Georgia
When online ordering started taking of a few years back, many states started to worry that sales tax revenues were going to take a big hit. Many states started to require collecting sales taxes on all purchases whether they were sales in state or out of state. It seems to vary among states.

Re: Out of state tax? [Re: Lugnut] #6543608
05/25/19 08:59 AM
05/25/19 08:59 AM
Joined: Nov 2011
Posts: 9,132
SWMo.
T
tjm Offline
trapper
tjm  Offline
trapper
T

Joined: Nov 2011
Posts: 9,132
SWMo.
Originally Posted by Lugnut
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.html
Quote
On 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.

Re: Out of state tax? [Re: tjm] #6543611
05/25/19 09:01 AM
05/25/19 09:01 AM
Joined: Dec 2006
Posts: 19,926
SEPA
L
Lugnut Offline
trapper
Lugnut  Offline
trapper
L

Joined: Dec 2006
Posts: 19,926
SEPA
Thanks for the info tjm and Steven.


Eh...wot?

Re: Out of state tax? [Re: Bigbuck] #6543618
05/25/19 09:13 AM
05/25/19 09:13 AM
Joined: Nov 2011
Posts: 9,132
SWMo.
T
tjm Offline
trapper
tjm  Offline
trapper
T

Joined: Nov 2011
Posts: 9,132
SWMo.
According to this source Mo currently has 8 bills in the legislature pertaining to remote sales tax, https://www.salestaxinstitute.com/resources/state-notices-resources-for-remote-sellers

Re: Out of state tax? [Re: tjm] #6543625
05/25/19 09:26 AM
05/25/19 09:26 AM
Joined: Feb 2009
Posts: 1,185
St. James, Missouri
Bigbuck Offline OP
trapper
Bigbuck  Offline OP
trapper

Joined: Feb 2009
Posts: 1,185
St. James, Missouri
Thanks guy's I'll be calling the owner when he opens today to plead my case.


A long hair country boy can survive
Re: Out of state tax? [Re: Bigbuck] #6543641
05/25/19 09:57 AM
05/25/19 09:57 AM
Joined: Nov 2011
Posts: 9,132
SWMo.
T
tjm Offline
trapper
tjm  Offline
trapper
T

Joined: Nov 2011
Posts: 9,132
SWMo.
I guess there is also the possibility that his state may require tax on all sales through his business regardless of where his customer lives.

Re: Out of state tax? [Re: Bigbuck] #6543654
05/25/19 10:13 AM
05/25/19 10:13 AM
Joined: May 2010
Posts: 10,421
mn north of blakely
S
Steven 49er Offline
trapper
Steven 49er  Offline
trapper
S

Joined: May 2010
Posts: 10,421
mn north of blakely
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.
Re: Out of state tax? [Re: Steven 49er] #6543676
05/25/19 10:46 AM
05/25/19 10:46 AM
Joined: Feb 2009
Posts: 1,185
St. James, Missouri
Bigbuck Offline OP
trapper
Bigbuck  Offline OP
trapper

Joined: Feb 2009
Posts: 1,185
St. James, Missouri
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
Re: Out of state tax? [Re: Bigbuck] #6543685
05/25/19 10:56 AM
05/25/19 10:56 AM
Joined: May 2011
Posts: 223
NE Iowa
D
dogdown Offline
trapper
dogdown  Offline
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D

Joined: May 2011
Posts: 223
NE Iowa
If no refund had been issued, in my opinion, I would have further researched the web to see if a better price was out there, and if so, cancelled the order. These website sellers are collecting a sales tax with the likely result of them pocketing the sales tax and never forwarding the collected taxes to the states that require them to.
I once made an online purchase and was charged a sales tax, after asking the seller to provide a tax id so I could verify it, they never responded and I promptly cancelled the order.
Anymore, with the collection of sales tax and shipping, your more likely to find the same or better price locally, of course unless you live in the sticks or are unable to locate item locally.

Re: Out of state tax? [Re: Bigbuck] #6543689
05/25/19 10:57 AM
05/25/19 10:57 AM
Joined: Oct 2014
Posts: 5,073
montana
R
red mt Offline
trapper
red mt  Offline
trapper
R

Joined: Oct 2014
Posts: 5,073
montana
I sure like living in a no sale tax state


Kenneth schoening
Re: Out of state tax? [Re: Bigbuck] #6543715
05/25/19 11:41 AM
05/25/19 11:41 AM
Joined: Sep 2010
Posts: 6,545
NC, Orange Co.
QuietButDeadly Offline
trapper
QuietButDeadly  Offline
trapper

Joined: Sep 2010
Posts: 6,545
NC, Orange Co.
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
Re: Out of state tax? [Re: Bigbuck] #6543716
05/25/19 11:42 AM
05/25/19 11:42 AM
Joined: Apr 2017
Posts: 2,283
PA
L
lumberjack391 Offline
trapper
lumberjack391  Offline
trapper
L

Joined: Apr 2017
Posts: 2,283
PA
He probably was unaware of your states position and it automatically come up on the bill. I know Ebay implemented this on many states and it is tacked onto their bill automatically. Just one more thing to slow/hinder sales down even more.

Re: Out of state tax? [Re: QuietButDeadly] #6543743
05/25/19 12:39 PM
05/25/19 12:39 PM
Joined: Nov 2011
Posts: 9,132
SWMo.
T
tjm Offline
trapper
tjm  Offline
trapper
T

Joined: Nov 2011
Posts: 9,132
SWMo.
Originally Posted by QuietButDeadly
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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