Posted on 03/06/2018 2:50:44 PM PST by Kaslin
Nobody argued sales tax when mail order catalogs was the ‘Internet’ of its day................
As you should know by now, the interstate commerce clause is probably the most badly abused, archaic clause in our founding documents. Its the cheap excuse that Congress uses to pass all manner of federal laws, doing verbal backflips to dream up ways to portray any given scenario as having an impact on commerce between the states.
I have often said that the Interstate Commerce Clause, using their logic, could be used to easily NULLIFY every State Gun Control Law across this country.
Time to start a subscription business providing up to date sales tax information for every zip code in the country that retailers can integrate into their websites to calculate the correct tax. Who wants to join me :)
Yep it’s the same concept, regarding mail orders and internet orders.
This reminds me that some states ask you to pay tax on your out of state mail orders/internet purchases.
How many people actually file a tax return, on which they show they purchased a certain amount from out of state companies?? How would taxing authorities have any clue what you buy online?
I sell on Etsy. Sales tax is now collected from my customers who live in Washington because their state law changed. I live in VA. Thankfully, Esty agreed to hold and pay those taxes to WA otherwise I would need to start filing them. X50 states... every month, I get sales from most of the state’s. Terrible.
Our motto will be “’Cause Interstate Commerce means you have to comply with the Interstate Commerce Clause”
But the state’s didn’t have a deficit like they do now. They need a way to balance the books.
“The 1992 case held that constitutional provisions assigning Congress authority over interstate commerce prohibited states from requiring out-of-state retailers to collect sales taxes without congressional assent.”
Obviously, states lack Congressional assent.
Roberts pledged to uphold precedents during his conformation.
The sales tax is called a sales privilege tax.
Obviously, a Floridian needs no privilege from California to mail something to California.
California’s greedy hands should not reach outside of the state.
In 1949, Florida got its own sales tax, of 1%.
Is the education of its children now six times better than in 1950?
“In National Bellas Hess, Inc. v. Department of Revenue of Illinois, 386 U.S. 753 (1967), it was held that a business whose only contacts with the taxing state are by mail or by common carrier lacks the “substantial nexus” required under the Dormant Commerce Clause.”
https://en.wikipedia.org/wiki/Quill_Corp._v._North_Dakota
how is it that this president can do,such a great job in some areas and totally mess up in others.?
I can’t imagine having to collect sales tax plus any local options for every state a sale is made in. That would push online prices up and defeat the reason why many shop online.
An idea that has been re-invented many times. It's a very expensive proposition that has been shouldered by many companies who had no choice. Sales tax issues go all the way to cities. I chose my favorite Borders bookstore based on city location in the San Diego county area. The ones in the highest city tax areas closed first.
The states then should be required to compensate the online retailer for the amount of work required to act as their revenue agent. There’s no such thing as a free lunch.
The seller will have to file a sales tax return for every state but in many states the actual amount you need to collect on a sale will depend on the city and/or county of the purchaser. It’s insane for a small business.
I think the issue revolves upon when the ownership of the item goes from the seller to the purchaser.
If ownership goes from the seller to purchaser at the shipping point then any sales tax should be collected at the shipping point’s location/state rate. FOB Dock.
If title transfers from seller to purchaser at the purchaser’s location then the sale occurred at the purchaser’s location/state. FOB Destination.
States with high tax rates, notably those with higher population like New York and California, will shed alligator tears over this because most sellers ship from states with low to no state sales tax. Tough doo-doo.
I think that the SC will decide this question along these lines........”Where does ownership title transfer?”
::::I cant imagine having to collect sales tax plus any local options for every state a sale is made in. That would push online prices up and defeat the reason why many shop online.:::::::::::::::::::::::::::::::::::::::::::::::::
Good.
It would need to spit out the sales tax returns too.
States have made tens of billions of dollars off Internet stock gains.
Wow imagine this idea applied to how businesses collect payroll taxes and other taxes for various government programs.
Businesses act as tax collectors for the governments which levy taxes.
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