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<p>[QUOTE=&quot;justafarmer, post: 24695536, member: 3926&quot;]In my State Gross Receipts Tax (Sales Tax) is levied on the gross receipts or proceeds derived from all sales of tangible personal property. After Wayfair v South Dakota in 2018 my State in 2019 amended the tax code adding the following</p><ul> <li><i><b>(b) A sale made through a marketplace facilitator:<br /> </b></i><ul> <li><i><b>(1) Is a sale of the marketplace facilitator for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section; and<br /> </b></i></li> <li><i><b>(2) Is not a sale of the marketplace seller for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section.</b></i><br /> </li> </ul></li> </ul><p><br /></p><p>&nbsp;Following is the codes definition of Marketplace facilitator</p><ol> <li><i><b>(21) “Marketplace facilitator” means a person that facilitates the sale of tangible personal property, taxable services, a digital code, a digital magazine, or specified digital products by:<br /> </b></i><ol> <li><i><b>(A) Listing or advertising tangible personal property, taxable services, a digital code, a digital magazine, or specified digital products for sale in a forum; and<br /> </b></i></li> <li><i><b>(B) Either directly or indirectly through an agreement or arrangement with a third party, collecting payment from a purchaser and transmitting the payment to the person selling the tangible personal property, taxable services, a digital code, or specified digital products, regardless of whether the person receives compensation or other consideration in exchange for the person&#039;s services in collecting and transmitting the payment;</b></i></li> </ol></li> </ol><p>In a CoinTalk auction situation - Cointalk would certainly meet all the requirements of part (A). </p><p><br /></p><p>Part (B) probably not but use of CoinTalk&#039;s PM feature by sellers for the purpose of billing, directing and collecting payments could be interpreted as CoinTalk being indirectly involved in the process. </p><p><br /></p><p>Following is just a statement of my own personal opinion. My State is notorious for twisting and contorting our tax code for the sole purpose of collecting taxes.[/QUOTE]</p><p><br /></p>

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