ebay finds that PWCC engaged in shill bidding?

[Exhibitman]

Originally Posted by BobC

Adam, I said the same thing to check with their own tax advisors AND to be sure to check the specific sales tax rules for whatever state they are in. I certainly do not know everything about every state's laws, and all the constant tax law changes can drive anyone crazy. I got your CA point about the transfer of title and transfer of possession, but based on what Snowman heard from PWCC, there wouldn't be any CA sales or use tax due unless he took possession back in CA of cards he had won off Ebay, that went straight into the vault. So I wonder if the same thing would be true for something he won from an auction house (not Ebay) that also got sent right to the vault with no sales tax charged? If not, then it sounds like Ebay and/or PWCC had to cut some special deal with CA. Now Ebay cutting a deal with all the states to collect and remit sales tax on behalf of all their sellers I get. But PWCC suddenly having to possibly withhold and remit sales tax to CA on something they are just holding in a vault for a customer doesn't make any sense, unless it is something they had to agree to with CA in trying to get themselves set up tax-wise with all the states in advance of launching their new sales platform and operations. Now I'm even more curious as to what people using their vault actually signed up for and agreed to. Very odd if you ask me.

The duty to remit isn't theirs, it is yours under the use tax rules.

I really would not trust anything someone at PWCC tells me about my tax obligations. Not only do they have no expertise and no duty to me to advise me accurately, they also have a huge disincentive to tell me the truth: money. What are they going to say, "yeah, you owe taxes even if you have the cards sent here, just eBay won't collect them, but if you ever get audited you will get nailed"? If they said that no one would use their dumbass service.