Re: [ot] Online Sales Tax
This WebDNA talk-list message is from 2005
It keeps the original formatting.
numero = 62216
interpreted = N
texte = Jesse Proudman wrote: > Last time I looked into it, it was only on items that were shipped to an address > within the state of business. For our purposes, probably, but for larger commercial entities, maybe not. An appellate court ruling in California: http://www.latimes.com/business/la-fi-borders14jun14,1,2275391.story%3Fcoll%3Dla-headlines-business may mean that the Borders/Amazon/et al crowd are not going to be able to get around the Supreme Court's "nexus" requirement by using different business entities. As already pointed out, the short answer is that an online retailer must collect state sales tax for any state that the retailer maintains a significant presence, or "nexus": http://straylight.law.cornell.edu/supct/html/91-0194.ZO.html and the purchaser is [generally] required to pay a use tax to their home state (equivalent to the prevailing sales tax) in the 35 or so states with sale taxes. The various states are attempting to come up with a unified which should get around the Supreme Court ruling by making it less onerous for online retailers (and mail order companies, BTW), to calculate the appropriate tax: http://www.streamlinedsalestax.org/ but this would still require Congressional action to enable actual collection (see the State Status page). John -- John Peacock Director of Information Research and Technology Rowman & Littlefield Publishing Group 4501 Forbes Boulevard Suite H Lanham, MD 20706 301-459-3366 x.5010 fax 301-429-5748 ------------------------------------------------------------- This message is sent to you because you are subscribed to the mailing list
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Jesse Proudman wrote: > Last time I looked into it, it was only on items that were shipped to an address > within the state of business. For our purposes, probably, but for larger commercial entities, maybe not. An appellate court ruling in California: http://www.latimes.com/business/la-fi-borders14jun14,1,2275391.story%3Fcoll%3Dla-headlines-business may mean that the Borders/Amazon/et al crowd are not going to be able to get around the Supreme Court's "nexus" requirement by using different business entities. As already pointed out, the short answer is that an online retailer must collect state sales tax for any state that the retailer maintains a significant presence, or "nexus": http://straylight.law.cornell.edu/supct/html/91-0194.ZO.html and the purchaser is [generally] required to pay a use tax to their home state (equivalent to the prevailing sales tax) in the 35 or so states with sale taxes. The various states are attempting to come up with a unified which should get around the Supreme Court ruling by making it less onerous for online retailers (and mail order companies, BTW), to calculate the appropriate tax: http://www.streamlinedsalestax.org/ but this would still require Congressional action to enable actual collection (see the State Status page). John -- John Peacock Director of Information Research and Technology Rowman & Littlefield Publishing Group 4501 Forbes Boulevard Suite H Lanham, MD 20706 301-459-3366 x.5010 fax 301-429-5748 ------------------------------------------------------------- This message is sent to you because you are subscribed to the mailing list . To unsubscribe, E-mail to: To switch to the DIGEST mode, E-mail to Web Archive of this list is at: http://webdna.smithmicro.com/
John Peacock
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