Jason,

Even in California, someone is usually required to pay the tax.
States learned this early on to level the playing field between
interstate and intrastate dealers.  If I remember right California
calls this a Use tax and it does apply to online sales in California
revenue law.
Use tax is one of the most abused taxes on the face of the planet.
I would be safe in saying that the vast majority of any sale is
taxable between any state in the union.

Jim


On Mon, May 6, 2013 at 9:18 PM, Adam Hupe <[email protected]> wrote:
> Jason,
>
> I will not argue the point anymore here on the List.  It is turning into a 
> purely political discussion.  I just wanted to make online sellers aware that 
> there may be some more excess taxation on the horizon. Just for the record, I 
> believe in paying my fair share but dislike seeing it wasted on big 
> government.  Perhaps you can study the bill more, write a report and send it 
> somebody who cares about another piece of misleading legislation.
>
> Many states already collect taxes on minor sells, including garage sales and 
> swap-meets.  I know because I used to live in such a state. The million 
> dollar limit is a myth to mislead people like yourself.
>
> Wait until you need to send a 1099 to your paper boy who is trying put 
> himself though college and then get back to me.  That's right, you don't read 
> a paper and get all your information from the interment which must make it 
> true so don't bother responding unless you absolutely need to get the last 
> word in.
>
> Either way, I don't care,
> .
> Adam
>
> .
>
>
>
>
>
> ----- Original Message -----
> From: Jason Utas <[email protected]>
> To: Adam Hupe <[email protected]>
> Cc:
> Sent: Monday, May 6, 2013 8:56 PM
> Subject: Re: [meteorite-list] Ebay, Websites and State Taxes
>
> Hello Adam,
> So...you can read that the million-dollar lower limit applies, no
> matter what.
> Right?
> So the small guy is fine.
> Jason
>
> www.fallsandfinds.com
>
>
> On Mon, May 6, 2013 at 7:21 PM, Adam Hupe <[email protected]> wrote:
>> You can read, great
>>
>> Thus you found the small print.  The state is in charge therefore the small 
>> guy will take a beating.
>>
>> Adam
>>
>>
>>
>>
>> ----- Original Message -----
>> From: Jason Utas <[email protected]>
>> To: Meteorite-list <[email protected]>
>> Cc:
>> Sent: Monday, May 6, 2013 7:10 PM
>> Subject: Re: [meteorite-list] Ebay, Websites and State Taxes
>>
>> Adam,
>> You're not telling the truth.
>> --------------------
>> SMALL SELLER EXCEPTION.-A State is authorized to require a remote
>> seller to collect sales and use taxes under this Act only if the
>> remote seller has gross annual receipts in total remote sales in the
>> United States in the preceding calendar year exceeding $1,000,000. For
>> purposes of determining whether the threshold in this sub­section is
>> met-
>>
>> 1) the sales of all persons related within the meaning of subsections
>> (b) and (c) of section 267 or section 707(b)(1) of the Internal
>> Revenue Code of 1986 shall be aggregated; or
>> 2) persons with 1 or more ownership relationships shall also be
>> aggregated if such relationships were designed with a principal
>> purpose of avoiding the application of these rules.
>> --------------------
>> http://www.marketplacefairness.org/bill-text/
>>
>> This also clears up the issue of whether or not a brick-and-mortar
>> store would have to accrue a total of $1,000,000 in sales -- versus
>> $1,000,000 in exclusively internet sales -- before being forced to
>> pay/charge taxes on online purchases.  It's internet-only.  In other
>> words, if your business grosses ~$1,500,000 in in-store sales, but
>> only sells $500,000 of merchandise online, you still wouldn't have to
>> pay any online sales tax.  Unless your state has preexisting
>> provisions that require you to do so.
>>
>> Furthermore, the enforcement of this tax policy will be up to the
>> states.  In other words, they can choose to enforce it (or not) as
>> they see fit.
>>
>> I'd read the document; it's only five pages.
>>
>> Regards,
>> Jason
>>
>> www.fallsandfinds.com
>>
>>
>> On Mon, May 6, 2013 at 7:09 PM, Jason Utas <[email protected]> wrote:
>>> Adam,
>>> You're not telling the truth.
>>> --------------------
>>> SMALL SELLER EXCEPTION.-A State is authorized to require a remote
>>> seller to collect sales and use taxes under this Act only if the
>>> remote seller has gross annual receipts in total remote sales in the
>>> United States in the preceding calendar year exceeding $1,000,000. For
>>> purposes of determining whether the threshold in this sub­section is
>>> met-
>>>
>>> 1) the sales of all persons related within the meaning of subsections
>>> (b) and (c) of section 267 or section 707(b)(1) of the Internal
>>> Revenue Code of 1986 shall be aggregated; or
>>> 2) persons with 1 or more ownership relationships shall also be
>>> aggregated if such relationships were designed with a principal
>>> purpose of avoiding the application of these rules.
>>> --------------------
>>> http://www.marketplacefairness.org/bill-text/
>>>
>>> This also clears up the issue of whether or not a brick-and-mortar
>>> store would have to accrue a total of $1,000,000 in sales -- versus
>>> $1,000,000 in exclusively internet sales -- before being forced to
>>> pay/charge taxes on online purchases.  It's internet-only.  In other
>>> words, if your business grosses ~$1,500,000 in in-store sales, but
>>> only sells $500,000 of merchandise online, you still wouldn't have to
>>> pay any online sales tax.  Unless your state has preexisting
>>> provisions that require you to do so.
>>>
>>> Furthermore, the enforcement of this tax policy will be up to the
>>> states.  In other words, they can choose to enforce it (or not) as
>>> they see fit.
>>>
>>> I'd read the document; it's only five pages.
>>>
>>> Regards,
>>> Jason
>>>
>>> www.fallsandfinds.com
>>>
>>>
>>> On Mon, May 6, 2013 at 6:47 PM, Adam Hupe <[email protected]> wrote:
>>>> Jason Wrote:
>>>>
>>>> *********************************************************************************
>>>> I can't see how this new law would hurt small sellers, though.  Since
>>>> only the companies making more than a million per year will have to
>>>> charge/pay taxes on inter-state sales, if anything, it gives an
>>>> advantage to the folks selling under that range.
>>>> *********************************************************************************
>>>>
>>>> Don't be so naive. This bill allows states to make all sellers collect 
>>>> taxes on their behalf and there is no real one million dollar exclusion: 
>>>> read the small print.  Just like the Affordable Healthcare Act was 
>>>> supposed make healthcare affordable.  Instead it was just one massive 
>>>> deceptive tax increase that will punish those who can least afford 
>>>> healthcare with fines.
>>>>
>>>> I have no idea why the feds are involved in state business in the first 
>>>> place.  It is all driven by weak politicians who are being pressured by 
>>>> large companies like Amazon who want online market share.
>>>>
>>>> At least here in Nevada, there are no state corporate taxes.
>>>>
>>>> Adam
>>>> ______________________________________________
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-- 
Jim Wooddell
[email protected]
928-247-2675
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