Posted on 05/16/2003 1:08:00 AM PDT by JohnHuang2
Edited on 07/12/2004 4:03:19 PM PDT by Jim Robinson. [history]
President Bush continues working for tax cuts to stimulate the economy, but some California legislators have a different agenda. Last week, the state Senate approved a bill to collect sales taxes on purchases made over the Internet. In our view, the time is not right to consider new taxes
(Excerpt) Read more at washtimes.com ...
I was billed over 10% in "sales tax" even though they were located in California and I am in Texas. The maximum sales tax for Texas was (and still is) 8.25%. I inquired why I was assessed this tax (which did not even appear on my online invoice, only on the final packing invoice) but never got a satisfying answer (so I stopped any further business with the site).
California has tried to squeeze sales tax out of all sorts of unlikely sources. A cartoonist selling his work for publication would be assessed sales tax for his "manuscript" until Paul Mavrides challenged this notion in the 1990s. The film/television industry has been shielded from all sorts of taxes that other Californians are made to endure.
I also have heard that some collectible dealers (like baseball card show exhibitors) have refused to go to conventions in California because they obtained a sales tax license to legally exhibit (and collect sales tax) for shows in California only to be assessed sales tax on all future mail order shipments to California (even though the business has no physical presence in California).
Just like the RIAA and ASCAP.
It's been a while since I ordered books on-line from them: free shipping and no sales tax. If sales tax is added, I'll never again order on-line and I won't buy from the local B&N either, since they're higher priced than other local outlets.
Every year, I fill out the questionnaire the same way and every year I get a followup letter saying that they have determined that I am NOT a CA bidness - BUT would I be so kind as to remind all of my CA customers that they OWE the tacks and would they please dutifully send in all the tacks to Sacramento.
Every year I read the letter, nod, say to myself, "Sure, I'll do that," and then Agent-Smith the letter.
I'll say one thing - they certainly are tireless in their efforts.
Michael
T E R M S & C O N D I T I O N S O F S A L E The conditions set forth below constitute the terms and conditions on which all property is offered for sale. Bidding at auction, whether present or by absentee bid, the buyer agrees to be bound by these terms.A 17% buyer's premium will be added to the hammer price of each lot.Bidders are required to register with proper identification prior to the sale and must use the number issued to them when they are the successful bidder. Payment must be made on day of purchase unless prior arrangements have been made with the auction house. Payments accepted are cash, Cashier's check, Traveler's check, MasterCard, Visa, Discover Card, Personal or business check, the auction house reserves the right to hold property until checks clear. A bank letter of credit to new customers on purchases over $1,000 paid with check! The purchaser is legally responsible for payment. Potential buyers of expensive lots may wish to discuss payment before the sale.Failure to complete payment within the time allocated may result in legal proceedings and most definitely will result in non-issuance of a bidding number in the future. A $20.00 fee will be added for returned checks. If a check fails to clear after the second deposit, the purchaser will be held responsible for any and all fees incurred during the collection process.All auction sales & telephone bidding are recorded.All purchases are subject to the New York State Sales Tax of 7 1/4% unless the purchaser possesses a Tax Exemption Number or an out of state tax number. Request NYS form ST-120 must be completed and kept on file.All items are sold to the highest bidder as acknowledged by the auctioneer. The auctioneer has the right to reject any bid; to advance the bidding at his discretion; and, in the event of a dispute between two bidders, determine the successful bidder or to reoffer and resell the lot in dispute. Should there be any dispute after sale, the record of final sale shall be conclusive.Some items offered may be subject to reserve, which is the confidential minimum price below which such lot will not be sold. We may implement such reserves by bidding on behalf of the Consignor. All goods are sold "AS IS" and all sales are final. Condition reports are not included in this catalog. It is the responsibility of prospective bidders to examine lots and decide their level of interest. Neither the auctioneer, nor the consignor, is responsible for the accuracy of any printed or verbal descriptions. All weights and measurements are approximate. The auctioneer has the right to withdraw any lot before or at the sale.Absentee bids will be executed as a convenience to the customer, however, the auction house will not be responsible for any errors or failure to execute bids. A minimum bid of $25.00 required on each absentee bid.In the event a left bid is higher than competing bids in the auction hall, the left bid will win the item at the next bidding increment, not necessarily the full amount of the bid.Packaging and handling of purchased lots is at the risk and expense to the purchaser. As a service to the purchaser, William Jenack Estate Appraisers & Auctioneers, Inc. will arrange packing, shipping and insurance with a local shipping/packaging agent. All expenses incurred must be paid for by the purchaser. We will not be held responsible for choosing a shipper in the event of any act and/or omissions in packing. We do not assume responsibility for damages. Regardless of shipping method, auction house must have received cleared funds to release property. Shipping may take up to four weeks after payment is received. Returns will be accepted, if its is determined the auctioneers have erred in their catalogue description. However, if the auctioneer should make verbal additions, corrections or modifications to the catalogue at the point of sale, this disclosure formally amends the printed catalogue description. All sales are audio/video taped to validate any changes made by the auctioneer to the catalog description. Returns must be accompanied by a written statement from a mutually agreed upon arms length third party confirming the discrepancy. This policy is only applicable to works of art, paintings and sculpture produced, made or created post 1850. Arrangements must be made with the auctioneers within fourteen (14) days of purchase. Under no circumstance will this time period be extended unless arrangements have been made within the two (2) week period. These terms do not apply to any items produced, made or created prior to 1850. These terms do not apply to any items identified in the catalogue as "In the Manner of, Style of, Circle of, After, or Attributed to". Auctioneers do not warranty any verbal accounts of integrity or condition offered for telephone/absentee clients.I hate to tell these turkeys, but they aren't getting a cent of mine
This is the key statement. This is not new. When I was doing ecommerce way back in '97 we knew that the law is very simple. If a retailer has a physical presence in a state, they have to collect sales tax for that state for online sales. This goes right back to the laws that cover paper catalogs. Which is why LL Bean doesn't have to collect sales tax for any state other than Maine (and apparantly MD, NJ, & VA -- maybe they have physical stores in those states also?) but Eddie Bauer which does have lots of physical stores has to collect sales tax for any state where they have a physical store.
Since B&N is a big box retailer, they are going to get nailed for sales tax for any state where they have stores. This is not new.
California, an endless source of entertainment and amusement.
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