Whine about a South Dakota v Wayfair charge collected by eBay

[bnorth]

Originally Posted by ALBB

I don't know whats going on in South Dakota !..but I don't like it !!

Way too much rain and we don't like it either.

[Brian Van Horn]

I don't think because the seller used eBay it gives nexus in order to collect the tax.

[Bigshot69]

Not sure if you were buying for your own PC or for resale but based on this link it looks like Ebay might be able to exempt your account from sales tax if you provide them with a resellers certificate or vendors license.

https://www.ebay.com/help/buying/pay...=4771#section2

*Disclaimer-I’m not an accountant but sharing so anyone with questions can run by theirs👍

[Brian Van Horn]

Originally Posted by Bigshot69

Not sure if you were buying for your own PC or for resale but based on this link it looks like Ebay might be able to exempt your account from sales tax if you provide them with a resellers certificate or vendors license.

https://www.ebay.com/help/buying/pay...=4771#section2

*Disclaimer-I’m not an accountant but sharing so anyone with questions can run by theirs👍

Adam,

Thank you, but my focus is on nexus regardless of personal collecting or resale.

[canjond]

I have gotten charged sales tax on every international purchase Ive made since the new tax rules went into effect. It's probably 25+ transactions at this point. UK, China, France, Italy, Canada, etc. Doesn't matter.

[birdman42]

Brian, my understanding is that after the Wayfair decision the idea of nexus is pretty much gone. States call it a "use tax" rather than a "sales tax." Their position is that one should pay a tax on all items of personal property you use in your state of residence, no matter where you purchased it. (With some exceptions, of course, such as food.)

Now I live in Maryland. If I want to drive a couple hours to Delaware, where there is no sales tax, then fine. But if I sit at my screen and buy from a Delaware vendor, then I'm supposed to pay MD tax. Many states have a "use tax" question on their income tax form. I've never seen anybody say "Yes, I do owe use tax," but really they are supposed to.

So the fact that the seller isn't even in the US is irrelevant. You are in the US, in your state, and that's what matters. Wayfair didn't change any laws. What it did do was shift enforcement from voluntary disclosure by the buyer to mandatory collection by the seller.

While I hate to bring them into yet another thread, P--- located their Vault in Oregon because the state has no sales tax.

Bill

[Jim F]

I am in Canada. Sometimes when I sell something the tax will automatically come up on the buyers invoice. It is happening more often recently. I change the invoice to zero tax. I don't know if I'm supposed to but I do not have any license to collect American tax. It would seem that if someone actually paid the invoice before I changed it, it would go into my Paypal account.

[Brian Van Horn]

Well, my problem is that, in my opinion, that if you have a US Supreme Court ruling which never mentions the word international in its opinion, how can you have an argument for Nexus? The US Supreme Court, in my gullible opinion, can't issue a ruling that covers international trade in this area because it isn't in its jurisdiction and the international part simply wasn't part of South Dakota v Wayfair. This, again in my opinion, is an over reach. Just because your seller is eBay doesn't do it for me if the actual seller and product is outside the US. Yes, I am aware I am opening up a whole new can of worms/cottage industry with this argument.