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Charged local sales tax on store not located in county?

Posted on 5/6/15 at 5:31 pm
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 5/6/15 at 5:31 pm
Ordered some items from Gap and noticed I was being forced to pay local sales tax on purchase. There are no Gap stores located in my county. I understand paying state tax since they are obviously in my state, but why am I having to pay county sales tax as well?
Posted by southernelite
Dallas
Member since Sep 2009
53151 posts
Posted on 5/6/15 at 5:35 pm to
Sales tax doesn't have to do with where they are, it has to do with where you are.


ETA: more specifically, where you take delivery.
This post was edited on 5/6/15 at 5:40 pm
Posted by weagle99
Member since Nov 2011
35893 posts
Posted on 5/6/15 at 6:11 pm to
But I'm not charged any sales tax on items ordered from stores that have no locations in my state. That is what is throwing me.

Ex: No LL Bean stores in my state. Order a shirt, no sales tax charged by LL Bean (state nor local).

This post was edited on 5/6/15 at 6:26 pm
Posted by sneakytiger
Member since Oct 2007
2471 posts
Posted on 5/6/15 at 7:04 pm to
I think nexus is determined on a state level, not local. So if a company has nexus in a particular state, they are going to charge you applicable state and local taxes based on where it's being shipped.
Posted by Lsut81
Member since Jun 2005
80099 posts
Posted on 5/6/15 at 7:28 pm to
quote:

Sales tax doesn't have to do with where they are, it has to do with where you are.


Unless legislation changed it, if they don't have a physical location within your state, they are not required to collect sales tax. That was the big argument with where Amazon had distribution centers, because that counted as a physical location.

You, the buyer, are responsible for paying that on your state income taxes... Like everyone does

Eta: now that I'm thinking about it, I'm pretty sure legislation did change it. But businesses with less than 1m in annual sales were exempt.
This post was edited on 5/6/15 at 7:30 pm
Posted by southernelite
Dallas
Member since Sep 2009
53151 posts
Posted on 5/6/15 at 7:43 pm to
Well, GAP does have a physical presence in the state
Posted by Lsut81
Member since Jun 2005
80099 posts
Posted on 5/7/15 at 5:24 am to
quote:

Well, GAP does have a physical presence in the state


Then they will charge the standard tax rate of 8-9%. I have no clue how they figure which local percentage to charge.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71340 posts
Posted on 5/7/15 at 8:28 am to
quote:

Ex: No LL Bean stores in my state. Order a shirt, no sales tax charged by LL Bean (state nor local).



In that situation, you are supposed to report it on your tax return.
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