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Let’s talk online sales tax

Posted on 1/18/21 at 3:46 pm
Posted by jlovel7
Louisiana
Member since Aug 2014
21321 posts
Posted on 1/18/21 at 3:46 pm
I remember not too long ago the Wild West of online ordering having no sales tax. Then as it grew to the behemoth it is today obviously the government wants its cut.

Only I can’t seem to figure out how it applies. Sometimes I order things from different states and no sales tax is applied. Sometimes it is. Is it based on where the item is purchased from? Or where the item is going? Or maybe both?
Posted by J Murdah
Member since Jun 2008
39784 posts
Posted on 1/18/21 at 3:48 pm to
Your computer knows your location
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
73681 posts
Posted on 1/18/21 at 3:48 pm to
A lot of times it may have to do with if the business you are ordering from operates within your state.

Home Depot, Walmart, Amazon all operate within states now so they will charge.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
35179 posts
Posted on 1/18/21 at 3:48 pm to
It’s based on if the company has been threatened by the government into capitulation.
Posted by xXLSUXx
New Orleans, LA
Member since Oct 2010
10307 posts
Posted on 1/18/21 at 3:48 pm to
None of us pay online sales tax. It's just you.
Posted by Cymry Teigr
Member since Sep 2012
2103 posts
Posted on 1/18/21 at 3:49 pm to
The provision was always there that you as the purchaser were meant to declare the out of state purchases on your annual state income tax return. Because people don’t read they finally got smart and started making the retailers / e-tailers collect it.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37109 posts
Posted on 1/18/21 at 3:49 pm to
Some businesses are, some aren't.

They are all supposed to be, some are still under the radar. There's a compliance cost to the businesses who collect and remit.
Posted by TigerMomma4
Member since Mar 2020
471 posts
Posted on 1/18/21 at 3:51 pm to
quote:

Amazon all operate within states now so they will charge.


Amazon is also a listing agent for small businesses to sell their wares. If you are buying from Amazon, the bohemoth rule applies so they have to collect sales tax. If you are ordering from a small out of state mom&pop that utilizes the Amazon infrastructure, you probably won't be because the small mom&pop doesn't have to ... even though the appearance is that you are ordering from Amazon.

In most states, the online sales tax applies if the business has a presence in the state being shipped to, OR if the business is a bohemoth, like Amazon, with sales over so many million, whether or not they have a presence.
Posted by fallguy_1978
Best States #50
Member since Feb 2018
48575 posts
Posted on 1/18/21 at 3:51 pm to
They don't collect sales tax from all companies but most of the major ones. You are supposed to report those on your tax return and pay it at that time.

Surely you aren't cheating on your taxes?
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 1/18/21 at 3:52 pm to
quote:

A lot of times it may have to do with if the business you are ordering from operates within your state.

Home Depot, Walmart, Amazon all operate within states now so they will charge.



I don't think that's ENTIRELY accurate. If you are a Louisiana resident, I'm pretty sure you are ALWAYS on the hook for sales tax if you purchase something. If the seller has a presence in the state, that's when I think they have to collect the tax. If it does not have a presence in the state, it's kind of grey on whether or not they have to collect it for the state.

If, for any reason, the seller does not operate as the government's tax collector, you are still under the obligation to report the purchase on your Louisiana return and pay the tax directly.

{{WINK, WINK}}
This post was edited on 1/18/21 at 3:53 pm
Posted by The Nino
Member since Jan 2010
21521 posts
Posted on 1/18/21 at 3:56 pm to
quote:

The provision was always there that you as the purchaser were meant to declare the out of state purchases on your annual state income tax return
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 1/18/21 at 4:03 pm to
quote:

no sales tax
another oregon perk
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71426 posts
Posted on 1/18/21 at 4:12 pm to
quote:

Only I can’t seem to figure out how it applies. Sometimes I order things from different states and no sales tax is applied. Sometimes it is. Is it based on where the item is purchased from? Or where the item is going? Or maybe both?



It's generally based on your area code (purchaser). I haven't been in the sales tax game for two years or so, but the Wayfair decision still hasn't been fully implemented for a lot companies yet.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71426 posts
Posted on 1/18/21 at 4:13 pm to
quote:

I don't think that's ENTIRELY accurate. If you are a Louisiana resident, I'm pretty sure you are ALWAYS on the hook for sales tax if you purchase something. If the seller has a presence in the state, that's when I think they have to collect the tax. If it does not have a presence in the state, it's kind of grey on whether or not they have to collect it for the state.



It's called Nexus; however, that kind of got thrown on it's head with the Wayfair decision.
Posted by castorinho
13623 posts
Member since Nov 2010
82033 posts
Posted on 1/18/21 at 4:15 pm to
quote:

that you as the purchaser were meant to declare the out of state purchases on your annual state income tax return.
Posted by btr08ex
Baton Rouge
Member since Oct 2014
453 posts
Posted on 1/18/21 at 4:26 pm to
Why can ebay charge sales tax on a used item?
Posted by m2pro
Member since Nov 2008
28625 posts
Posted on 1/18/21 at 4:48 pm to
There are different tax nexuses in different states and diff counties and parishes across the country.

So, as part-owner in an online business it has been an absolute nightmare to tackle but the vigilance is paying off because we are seeing similar businesses in our space only NOW start to realize it but that means an unfathomable backlog of data searching for them to catch up on taxes they haven't paid.

MANY places still have no sales tax, though.
Posted by Rex Feral
Athens
Member since Jan 2014
11351 posts
Posted on 1/18/21 at 5:49 pm to
Most states tax sales at the point title to the goods transfer, ie the destination of the goods.

A retailer must collect sales tax if they have nexus in that state. Nexus is created by having a physical presence in the state or if the retailer exceeds a certain number of sales or dollar amount of sales in that state, as determined by state law.
Posted by ItalianTiger
BR
Member since Feb 2005
759 posts
Posted on 1/18/21 at 5:53 pm to
Some of my eBay transactions aren't taxed. Don't know why
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71426 posts
Posted on 1/18/21 at 5:58 pm to
quote:

Why can ebay charge sales tax on a used item?




Because you don't have a resale license.
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