gramirez wrote:
Most people buy their stuff online. With much lower prices, free shipping, and no tax, it doesn't make sense to shop in stores anymore.
Not exactly. First, if you buy from a business that has a physical location in your state ("nexus") they'll collect the tax. They have to, or they'll find themselves in deep doo-doo. Meaning Home Depot, Wal-Mart, Toys R Us, Barnes & Noble, etc., basically any big retailer you can think of is going to charge sales tax on on-line purchases.
An interesting exception is Amazon.com. Somehow Amazon has found a way around this, I think basically by holding their warehouses, which are all over the USA, in some sort of shell holding company. Probably they'd lose if a state decided to contest this arrangement on some sort of "substance over form" basis, but then Amazon would probably just close that warehouse and move to another state that would be less likely to challenge this arrangement. The arrangement smells like dogshit to me personally, but doubtless some lawyer got very rich coming up with this scheme, while I'm unemployed. So WTFDIK?
Edit to add: Use tax and sales tax are the same thing, except sales tax is collected by the retailer from the "final consumer," and use tax is paid (or is supposed to be paid) by that final consumer when the retailer failed to collect it for whatever reason, either because they didn't have to (no nexus) or because the retailer screwed up and somehow failed to.
Second, if you live in a state with a state income tax and a sales tax and have to file a return everyone I've ever seen has a nice little block for what is referred to as "Use tax." Yes, you can put zero in the block, but if you do that knowing you bought stuff and paid no sales tax on it, you're technically perjuring yourself when sign your return, or whatever it is you click to e-file "in lieu of a signature." I've never heard of a state going after someone on that basis, but I don't see any reason why they couldn't if they wanted to. I'm not a lawyer, but signing a legal document indicating something to be true when you know it to be false doesn't exactly take Alan Dershowitz to suss out what it is.
And MA, NY and CT definitely do audits on this stuff, though usually only on heavy hitters making $200k+ per year. (I'll bet most states have something similar, but I have no personal experience with them.) I worked at a place that had clients on the receiving end of these audits, and since I was basically lower than pond scum on the totem pole of this firm I was the one who had to wade through mountains of receipts and credit card statements trying to figure what they actually owed, since the states always come in with some ridiculously high number that they somehow calculate, plus penalties and interest, etc.
And, finally, someday the
Streamlined Sales Tax (link) or something like it is going to come on-line, and be mandatory, not voluntary like it is now. When it'll happen who knows...they've been trying since 1999 or so to get Congress to allow it (Interstate commerce is something only Congress regulates), but it is an effort that seems to be gaining more ground lately, with states making an honest effort to change some of the more confusing variations of sales tax law from state to state.
Insomnia is a terrible thing. Can't believe I just wrote all that.
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"The man who has fed the chicken every day throughout its life at last wrings its neck instead, showing that more refined views as to the uniformity of nature would have been useful to the chicken." ? Bertrand Russell