posted on October 6, 2000 02:25:57 PM
"sonsie - You collect no tax on garage sales unless you hold two or more a year. Whichmeans California doesn't consider you a business until you hold more than two such sales a year. So my premise stands, stop priding yourself on trying to be right and start reading the words. "
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I read every word you wrote in your earlier post on this subject, and nowhere did you say anything about two garage sales being the point at which one needs to collect and remit sales tax. =I= was the one who said that, after I had spoken with the tax rep at the state board of equalization.
Your premise was that double taxation is against the law and therefore we shouldn't be collecting sales tax on items which have already been taxed in that regard. Unfortunately, your position doesn't square with either my SBE tax references or the person I spoke with on the phone this morning. Whether you sell a used car, or used dishes on eBay (or a garage sale), you must collect and remit sales tax if your buyer is in the state of CA. Exceptions are quite narrow, such as "after two garage sales." There is NO exception for your "double taxation" theory.
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"By the way the next time you decide to call the Tax Board in California how's about asking the right questions in the right way in order to get the right answers and not the ones that you are seeking to have something to say. And by the way I do a great deal of retail business in California so I know their tax scheme. Probably better than the person you spoke with."
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How's about YOU call the State Board of Equalization, and see what answers YOU get to your questions? I did the homework, I got the answer, but apparently you are convinced you know more than the SBE itself.
I've had a business in CA for about 25 years, and have had a resale license for the past ten years or so. Excuse me for believing that (a) I know how to run a business and (b) I understand the state tax situation quite well...and what I don't know, I find out the correct answer from the appropriate source. I prefer to take advice from people who are actually in a position to back it up...like the SBE, not another business owner in another state.
As for "running back to garage sales and sales tax," my earlier post was the first I've made on that aspect of this discussion. I disagreed with you earlier regarding whether or not eBay sellers need a resale license and whether or not they should collect sales tax. I've yet to see anything which has changed my mind on that subject, and in fact I don't think you ever actually responded to my objections to your arguments on that score.
I got my tax rate information from my accountant. He knows what he's doing. I don't need to call anyone.
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The only place you'll find success before work is in the dictionary.
posted on October 6, 2000 02:29:57 PM
VALERIE47, we have the same situation in CA (multiple counties, different sales tax tables). The rule for us here is that we collect and pay sales tax according to the county where WE live, not where the buyer lives. In my county, it's 7.25% and that's what I collect on eBay sales to other residents of CA, no matter what county they live in. You might call your state sales tax agency and ask if this is the case in NY as well. It certainly simplifies matters!
I've already gone over this with my accountant. He looked into it for me and I have to collect sales tax for the counties that my customers live in. As a matter of fact I have the booklet right here on my desk. It gives me the tax rate to collect for every single county in NY. It's directly from the NYS Department of Taxation and Finance.
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The only place you'll find success before work is in the dictionary.
posted on October 6, 2000 06:29:25 PM
I am in California too and do collect sales tax. And lots of people don't pay it.
What I don't understand is the attidude from some other sellers about this. You pay it yourself when this happens?? Could a buyer ever get away with this in a retail store. Would it be OK if the buyer made the check out for the amount due less tax? No way.
Now I know why so many buyers in California send payment without tax. There hoping the seller will just ship the item anyway!
We have a firm policy on this. If the buyer doesn't pay tax we don't ship the item. It's that simple. They get one email and if they never pay we simply keep thier money.
posted on October 6, 2000 07:24:26 PM
Hello Everyone: Could someone answer this question while we're on taxes! What is the internet tax moratorium that the news media is always talking about? What taxes are covered under this moratorium? I think that it goes until 2002 and they are trying to extend it. Is anyone familiar with the moratorium? Thanks!
