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View Poll Results: Will you declare your out-of-state "use tax"?
Yes 1 4.00%
No 24 96.00%
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Old 12-06-2008, 02:06 PM   #1
mrreindeer
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Question Online Sales "Use Tax"?

I don't think this has been addressed here; I checked the search. But forgive me if it has.

I just received in the mail a letter from my Accountant informing me of the California "Use Tax" for out-of-state (and therefore 'tax-free') online (or regular) purchases.

Am I living in a closet? I've never heard of this. Have you?

I thought purchases out-of-state and online were just 'tax-free'. I guess I'm just a bit naive (maybe a little stupid) but maybe I should have thought about it. However, if I buy something in Pennsylvania and they don't tax me and they ship to me in L.A., why on Earth would I pay California sales tax on that item? Yeah, it's taken revenue away from the state when I'd otherwise buy in California...oh, wait, I get it.

So now the Accountant is suggesting that we declare our online purchases on our tax return.

We don't do a lot of online purchasing out-of-state or much online purchasing, for that matter. Yet. But I know a lot of my BOTL/SOTL do.

So, will you declare your online out-of-state/out-of-country "use tax"?
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Old 12-06-2008, 02:16 PM   #2
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Default Re: Online Sales "Use Tax"?

You mean you haven’t been paying your out of state purchases for taxes like the rest of us?

Seriously, this is done on a “goodwill” basis more than anything. They don’t have the means to track it yet, but I’m sure they will one day.
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Old 12-06-2008, 02:16 PM   #3
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Default Re: Online Sales "Use Tax"?

Hell No!
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Old 12-06-2008, 02:20 PM   #4
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Default Re: Online Sales "Use Tax"?

Quote:
Originally Posted by forgop View Post
You mean you haven’t been paying your out of state purchases for taxes like the rest of us?
Uh....... uh.......
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Old 12-06-2008, 02:19 PM   #5
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Default Re: Online Sales "Use Tax"?

Sure...
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Old 12-06-2008, 02:22 PM   #6
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Default Re: Online Sales "Use Tax"?

yup... as soon as i finish filling out my customs declarations!
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Old 12-06-2008, 02:37 PM   #7
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Default Re: Online Sales "Use Tax"?

The only problem is that there's no getting around the tax for a car purchased out of state. Everything else is fair game as far as I'm concerned. F 'em.
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Old 12-06-2008, 03:19 PM   #8
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Wink Re: Online Sales "Use Tax"?

In Michigan, you are supposed to claim anything that has been purchased online and pay the state's 6% sales tax. This is pretty much universally ignored by most Michigan residents.

One of my co-workers used to order his cigarettes from indian reservations with no taxes at all (Michigan also has a .75/pack tax on cigarettes and 26% on the wholesale price of cigars and other tabacco). Our Governor, Jenny Granholm filed suit on all of the online cigarette vendors, requiring them to turn over any Michigan resident's sales records.

Shortly after this event, my co-worker received a letter from the State Treasurer, telling him that he owed the state $300 in taxes and penalties. And on top of that, they told him that he was in violation of Act something or other, and if he did this again, he would be prosecuted.

So, I waiting to see what will happen regarding all of the online sales I've made this year. But I'm not voluntarily planning to declare anything! Our local B&M's already have to charge the 26% tax along with the 6% sales tax on any cigars that are sold.

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Old 12-06-2008, 03:26 PM   #9
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Default Re: Online Sales "Use Tax"?

Quote:
Originally Posted by alley00p View Post
Our local B&M's already have to charge the 26% tax along with the 6% sales tax on any cigars that are sold.



My friend, it is 36%, not 26%.
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Old 12-06-2008, 04:09 PM   #10
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Default Re: Online Sales "Use Tax"?

Quote:
Originally Posted by alley00p View Post
One of my co-workers used to order his cigarettes from indian reservations with no taxes at all (Michigan also has a .75/pack tax on cigarettes and 26% on the wholesale price of cigars and other tabacco). Our Governor, Jenny Granholm filed suit on all of the online cigarette vendors, requiring them to turn over any Michigan resident's sales records.

Shortly after this event, my co-worker received a letter from the State Treasurer, telling him that he owed the state $300 in taxes and penalties. And on top of that, they told him that he was in violation of Act something or other, and if he did this again, he would be prosecuted.
wow!
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Old 12-06-2008, 04:12 PM   #11
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Default Re: Online Sales "Use Tax"?

It has been discussed before. Legally you are supposed to pay sales tax on everything you buy in the state you purchase it from. So buying hundreds of dollars of cigars from a site (try thepartysource.com ) you are supposed to call your state and tell them you owe XX% of sales tax. Nearly everyone does not do this, but I am sure there are some out there who do.

On a similar note, if you pay more sales tax in a year than income tax you can then use that when you file taxes. My accountant told me that, but then again she is my fiance, so maybe she is a liar
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Old 12-06-2008, 04:30 PM   #12
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Default Re: Online Sales "Use Tax"?

If they take as payment, sure.
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Old 12-06-2008, 03:24 PM   #13
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Default Re: Online Sales "Use Tax"?

I'll worry about it when they can track it.
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Old 12-06-2008, 03:32 PM   #14
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Default Re: Online Sales "Use Tax"?

I have seen guys that make cigarette purchases get hit but not cigars "YET'
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Old 12-06-2008, 06:14 PM   #15
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Default Re: Online Sales "Use Tax"?

hey what i say?
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Old 12-06-2008, 09:18 PM   #16
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Default Re: Online Sales "Use Tax"?

From my reading unless you are going nuts with it or what really irks the irs if you resell things, you are pretty much a ok.

Not that it's not a moral and legal grey area.
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Old 12-06-2008, 09:32 PM   #17
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Default Re: Online Sales "Use Tax"?

I talked to half a dozen folks who got tax bills for cigarettes they were buying from the reservations in New York.
One girl owed $1200.
The rest owed $200 to $800. It's crazy.
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Old 12-07-2008, 12:25 AM   #18
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Default Re: Online Sales "Use Tax"?

I've heard of it and, of course, I would notify the state of it if I made out of state purchases. I've heard/read stories of states coming after residents kinda like O FAC after US buyers.
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Old 12-07-2008, 12:47 AM   #19
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Default Re: Online Sales "Use Tax"?

This was one of the questions on the 2007 California Tax Returns…



To quote H.I. McDunnough from "Raising Arizona"

"There's what's right, and there's what's right, and never the twain shall meet."
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Old 12-07-2008, 01:24 AM   #20
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Default Re: Online Sales "Use Tax"?

This may be one of those things specific to California.
It's not a secret that California is having some money problems. Rather than seeking so many new ways to tax, maybe they thought it would make sense to chase what they should already have coming to them?
In my way of thinking, they'll end up spending thousands to collect hundreds.
Maybe they're just putting the word out as best they can through the avenues already available in order to gather up a few bucks?
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