Home     Law Advice     Insurance Advice     Community    
Tax Law : Federal, State and Local Income Taxes, Sales Taxes, etc. For Estate, Gift and Inheritance Taxes, Please Post Under Will, Trusts & Estate Planning
Go Back   FreeAdvice Legal Forum > TAX LAW > Tax Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-17-2005, 11:58 AM
Junior Member
 
Join Date: Aug 2005
Location: Utah
Posts: 1
Post

Interstate sales tax?


What is the name of your state? Utah

I am going to college soon, and have recently ordered my books online from the publisher, Thomson Learning. After I had ordered, I noticed that they had charged me sales tax, although they are based in Kentucky and that is where the books were shipped from.

So I decided to call them and ask why the tax was taken, and they said it was because they have representatives in every state and so they must collect taxes for that state. I ordered directly from them, and do not even know who this rep is. The taxes collected were 6.25%, which is what Utah sales tax is.

My question is: Are they legally required to do this, and if not, how should I go about arguing my case to them? I have ordered many products through catalogs, and now the internet, and have only been charged sales tax if the company shipped the products from my home state.

Last edited by tbt10f; 08-17-2005 at 12:01 PM. Reason: duplicate text
  #2  
Old 08-17-2005, 01:07 PM
Senior Member
 
Join Date: Sep 2004
Posts: 2,985
Quote:
My question is: Are they legally required to do this, and if not, how should I go about arguing my case to them?
You do not have a case, so save the argument.

The short version of the rest of the story**************

How each state defines what is considered a "presence" in the state, and therefore, a legal obligation for a company to collect sales tax on sales into that state, is a bit different. If a company does not meet a state's "presence test," it is not legally obligated to collect that state's sales tax. However, even if a company does meet the "presence test", it may choose to voluntarily collect sales tax on sales into that state.

The simple fact is that the tax is owed to the state of Utah. If the company does not charge and collect the sales tax, then you owe the state of Utah a use tax.

That other companies have not charged you sales tax is not relevant. You still owe the state of Utah use tax. That Utah is not trying to collect the use tax from you is merely a matter of it not being worth it for the state of Utah to track you down and collect.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:21 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.