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20 States Collecting Internet Tax

Patik writes "According to this AP article, twenty states, including New York and California, are "requiring taxpayers to declare any tax they owe on out-of-state purchases," targetting Internet sales. New York expects this to bring them $2.5 million this year while California expects $13 million. Many are cynical about the new push, saying taxpayers will simply leave the line on the tax form blank, though the IRS says they will audit any offenders."

22 of 62 comments (clear)

  1. It's not new, nor "Internet" by DynaSoar · · Score: 4, Insightful

    It's only being made an issue due to the increased use of out of state mail order. That's what buying stuff over the net is. States have always required people to declare out of state purchases if the person declared at the time it was for delivery out of state.

    My father's TV shop was 3 miles from a state line. He regularly had people come to buy TV and such to be delivered 'out of state' and so didn't have to pay him sales tax. They were supposed to declare it on their state tax form. Sure, few did. Sure, far more are doing this now. But it's nothing something new specifically aimed at the net.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
    1. Re:It's not new, nor "Internet" by Detritus · · Score: 2, Interesting

      I haven't heard of it being done recently, but I've read stories in the newspaper about state revenue agents staking out popular stores and malls in low-tax states that are near the border with high-tax states, looking for cars with out-of-state license plates and large purchases.

      --
      Mea navis aericumbens anguillis abundat
  2. IRS says they will audit any offenders by Anonymous Coward · · Score: 2, Insightful

    So the IRS is enfrocing state taxes now?

    Someone needs to be bit more careful attributing quotes.

    1. Re:IRS says they will audit any offenders by wronskyMan · · Score: 2, Informative

      The IRS and state tax departments do have agreements to exchange data...

      --
      --- You shall know the truth, and the truth shall make you mad- Neal (not Cowboy) Boortz
  3. Where do I pay the tax? by crow · · Score: 4, Funny

    So if I live in Massachusetts, order something from Amazon, but have it delivered to my in-laws in New Jersey, who deliver it to my Uncle in Long Island for his birthday, which state is supposed to get the tax?

    1. Re:Where do I pay the tax? by Anonymous Coward · · Score: 3, Informative

      massachusettes, your domicile.

    2. Re:Where do I pay the tax? by AKnightCowboy · · Score: 3, Informative
      So if I live in Massachusetts, order something from Amazon, but have it delivered to my in-laws in New Jersey, who deliver it to my Uncle in Long Island for his birthday, which state is supposed to get the tax?

      If these are the same as the Ohio Use Tax, then you pay the tax wherever the item will eventually reside, in your case Long Island. So for example, I buy a computer from California and have it delivered to Ohio I pay my Ohio county's sales tax rate as a "use tax". Actually, from what I understand of the law, if I buy a computer in an Ohio county that has a 6% tax rate and bring the item back to my county where I live where the tax rate is 8%, I owe the state 2% use tax. That's bullshit IMHO. It's entirely voluntary compliance though and Ohio has no authority to regulate interstate commerce so I'm not sure how they could ever hope to enforce this.

  4. not a bad move, maybe by MacAndrew · · Score: 4, Interesting

    most all of us (er, not me) violate the "use tax" rules in our state with out-of-state purchases, except those in states without sales/use tax (lucky). but before you had to fill out a separate form and anyone would feel like a chump volunteering to pay a tax the state would have a heck of a time enforcing and none of their neighbors is paying.

    putting it on the main form will at least get money from more people, not such bad thing, and if you're dishonest you should still appreeciate it because it will lower your taxes otherwise due. heck if it's in on the main form maybe i'll pay it just as, er, i've been paying it all along of the separate one.

    if you have a problem with the collection of the tax, bear in mind your problem is with ALL sales taxes, not the "internet" flavor of some of those purchases. (hey i don't like them, i think they may inhibit commerce.) one way to ease the recordkeeping burden is to provide, say, a $1000 exemption so many people don'thave to think about it. and from a recordkeeping standpoint, it may actually be a favor for out-of-state merchants to collect the tax for you. i think asking consumers to keep the records is nutty, we have better things to do. (btw, sales tax could be made deductible for federal purposes, it once was, as state income tax is now.)

    personally i'd nationalize sales tax if we're going to have one at all, the present system only works because it is unenforced. way too inefficient, both for recordkeeping and enforcement. of course getting all 50 states to agree on tax policy is ... fanciful.

  5. IRS? by capoccia · · Score: 2, Insightful

    the IRS says they will audit any offenders.

    I don't think the IRS will be involved. The IRS is for federal taxes. The state tax auditors (if there are any) will do the investigating. If you do get audited by the IRS. only show them your federal forms. Unless they have a need to know, your state forms are none of their business.

    1. Re:IRS? by BrookHarty · · Score: 2, Insightful

      The state tax auditors (if there are any) will do the investigating.

      So, like the IRS, state tax auditors will have to find people to go after, and then treat them like criminals. Then the state offices can hire more people, and go after more criminals, er tax payers, growing in size. You didn't pay your 12 dollar tax on books at barnes and noble, here is a 1000 dollar fine, or worse, they take your house.

      Really sad, all these agencies without oversight, they can go after people without any legal standing, because we gave them the power.

      People wonder why the USA has such a high population of lawyers, to fight the system we created.

      -
      FCC leave Howard Stern alone! Regulation Nazi's.

    2. Re:IRS? by capoccia · · Score: 2, Interesting

      So, like the IRS, state tax auditors will have to find people to go after...

      The IRS is barely investigating anyone, and they have a much larger enforcement budget than any state. Tax law enforcement by states is very low.

    3. Re:IRS? by BrookHarty · · Score: 3, Insightful

      Well, I know many people who had run ins with the IRS, also you can search google for stories. It happens more than you think.

      Police already make a profit on busting criminals, parking/speeding tickets, fines. Why wouldnt the State tax collectors go after people for money? Thats the whole point of the article.

      Have companies report sales to states, so states can go after people. Treat everyone like criminals. It even states that in the article.

      The states might have little to do now, but if theres money involved, expect it to get bigger.

  6. IRS will audit any offenders by lordfoul · · Score: 4, Funny

    IRS: You left this line blank. Are you trying to tell us that you have not made any out of state Purchases?

    Consumer: Yes.

    IRS: Can you show us your out of state reciepts to prove your claim.

    Consumer: Uhh .. what?? I said I didn't make any out of state purchases.. !

    IRS: Damn that usually works.

  7. POS is the only way to make this work by Anonymous Coward · · Score: 2, Insightful

    Unless the tax is collected at the point of sale, I don't see this working.

    I mean, obviously hardly anyone keeps track of all that stuff. It's a huge pain in the ass. If it was collected at purchase time then it would be a whole lot more normal (you know, like when you buy stuff in-state).

  8. how wil they know and... by josepha48 · · Score: 2, Insightful
    ... what's the difference if I go to the other state and buy the product in that state and bring it to CA?

    If they want to really collect tax they need to find a way to make the seller responsible for collecting the taxes not they buyer to report them. So now what, all companies in CA who buy things from CDW or tigerdirect are suppose to report how much they bough on the internet and then report that to the IRS? That will create a tax nightmare. Good luck to them at auditing!

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    1. Re:how wil they know and... by pvt_medic · · Score: 2, Insightful

      you pay the taxes in that state when you purchase the item. This only works if you go to a state without sales tax like new hampshire (the one i can think of off the top of my head). The law though also states that I should be paying taxes on those items that i buy in NH.

      Of course my issue is if purchase something out state and pay taxes there do i have to pay taxes in my home state as well?

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    2. Re:how wil they know and... by josepha48 · · Score: 2, Insightful

      yeah, that's true. and when you bring that item back to your home state, you don't pay taxes on it again and are not required to either. essentially what they are suggesting is almost an import tax, between states. I could see paying taxes in the state that is selling the item, but not the state that I live in. Again, I think the business should have to pay the tax on their sales and then pass that to the end user / buyer. That is the only way it would work.

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  9. Just another squeeze... by dhall · · Score: 2, Insightful

    It's no secret that most states are hurting when it comes to their most recent budgets. Taxing the internet sounds good on paper for most of these politicians, and in a lot of ways it's just another form of locaization.

    When most people purchase, they do so with the expectation of delivery charges. Catalogs are similiar. Whatever you don't pay in state tax, you will normally pay for in shipping fees.

    The "Use Tax" is absurd. If the states which wish to impose sales tax on internet purchases, it should only to ONLY the stae in which the company resides. This would make states compete for the business of such companies. States would soon learn it's far better to not charge end users, but directly tax these companies earnings their the income of their employees.

    Yet another form of short term legislation, which can't see beyond the next hill.

  10. Re:Across state lines by Detritus · · Score: 2, Informative
    You might start here, it's a Supreme Court decision on sales tax and use tax. It has plenty of footnotes and references to earlier decisions.

    My reading is that the Supreme Court allows use taxes as long as they do not penalize interstate commerce. Your use tax rate may not be higher than your sales tax rate.

    --
    Mea navis aericumbens anguillis abundat
  11. "Audit any offenders" by PeekabooCaribou · · Score: 2, Insightful

    Auditing the offenders wouldn't be so bad. There are only, what, 16 million people in the whole state? Probably half of those purchase online. 8 million audits wouldn't put too much of a strain on the system.

    --
    "I'll say it again for the logic-impaired." -- Larry Wall.
  12. Wait a second here. by /dev/trash · · Score: 2, Insightful

    Why would the IRS audit my STATE tax returns?

  13. Re:Across state lines by wronskyMan · · Score: 2, Funny

    Kinda like civil forfeiture where some small town rouge cop
    Rouge cop? Is that like the fashion police?

    --
    --- You shall know the truth, and the truth shall make you mad- Neal (not Cowboy) Boortz