EBay tax scam

Discussion in 'Coin Chat' started by Jeffjay, Jan 25, 2020.

  1. ddddd

    ddddd Member

    Agreed
     
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  3. serafino

    serafino Well-Known Member

    I'm in Calif. and Amazon also charges me sales tax on all my purchases. The one good thing is Calif. does not charge sales tax on groceries. At our coin shows most sellers don't charge sales tax if you pay with cash.
     
  4. atcarroll

    atcarroll Well-Known Member

    They haven't fixed it for Michigan yet. I requested to close my eBay account today, I'm done with the whole mess.
     
  5. ddddd

    ddddd Member

    That stinks. It appears that it takes a lot to get this fixed. Illinois might have had the right people complain to get it fixed. Utah took over 3 months. Michigan might take just as long.
     
  6. Burton Strauss III

    Burton Strauss III Brother can you spare a trime? Supporter

    What you are all missing is the complexity

    http://legislature.mi.gov/doc.aspx?mcl-205-54s

    It's not just as simple as saying everything in one eBay category is exempt and another isn't.
     
    -jeffB and baseball21 like this.
  7. redcent230

    redcent230 Well-Known Member

    Same here in Washington. I buy stuff and Niw we are getting tax on most every buys. And no matter who or what states I buy it from sales tax on everything.
     
  8. -jeffB

    -jeffB Greshams LEO Supporter

    As have our legislators so far.
     
    Burton Strauss III likes this.
  9. Burton Strauss III

    Burton Strauss III Brother can you spare a trime? Supporter

    Lots more fun and games to come... Here in Texas the various locals have woken up to the issues of who gets the local slice.

    Up to now if I buy a $500 laptop from Dell, Round Rock gets the local slice.

    Post Wayfair, if I buy a $500 laptop from Lenovo in California, my city gets the slice.

    It's not completely clear in the laws whether my city or Round Rock gets the slice from a Dell purchase. But RR and Dell are fighting hard as there is a 60-year sales tax agreement to share the revenue as part of the incentives for Dell to locate their call center in RR.
     
  10. atcarroll

    atcarroll Well-Known Member

  11. Treashunt

    Treashunt The Other Frank


    They have to be sent to the states, or it is tax fraud.
     
  12. -jeffB

    -jeffB Greshams LEO Supporter

    This. If eBay is collecting extra sales tax as a revenue grab for themselves, it's a spectacularly ill-advised idea -- the kind that gets shot down tout suite by corporate legal.

    eBay is doubtless spending significant extra time and resources trying to keep this mess under control. They're going to make mistakes that lead to legal trouble. They're also going to lose customers, as illustrated above. In my opinion, they're suffering more from these misguided laws than we are.

    (Not that I'm inclined to fire up a GoFundMe for them or anything...)
     
  13. TheFinn

    TheFinn Well-Known Member

    You just have to show what you paid, them file a refund request. At least ebay is actually trying to fix something they should have done right in the first place.
     
  14. Burton Strauss III

    Burton Strauss III Brother can you spare a trime? Supporter

    For sure... eBay as a company is probably continuously under audit between the IRS and 56 states plus a hundred or so countries.

    However, as an individual you need to reference YOUR STATE LAWS and processes. P&M here does nothing.

    For example, Texas:

    https://comptroller.texas.gov/taxes/sales/refunds/

    There is a very clear process...

    Contact the seller (eBay) and ask for a refund of incorrectly collected taxes.

    If eBay refuses to refund the taxes and won't give you form 00-985, then you would want to call the Comptroller's office and then lastly need to seek legal redress.
     
  15. juris klavins

    juris klavins Well-Known Member

  16. Burton Strauss III

    Burton Strauss III Brother can you spare a trime? Supporter

    They use Avalera for their tax calculation...


    Odds are they get it right, but it is a lot easier to code your products when they are all in one category, vs. fleaBay's thousands of .
     
  17. justafarmer

    justafarmer Senior Member

    New Hampshire has passed legislation shielding their businesses from the Wayfair ruling. They are currently debating additional legislation to broaden the scope of this shield.
     
  18. Neal

    Neal Well-Known Member

    Under the Constitution, all federal facilities are exempt from all state regulation, and that includes taxes. Article I, section 8, "Congress shall have the power...to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings" Also, a part of the Supreme Court decision of McCulloch v. Maryland (1819), was that the states do not have the power to tax the federal government nor any agency of it. That is why you don't pay state sales taxes at the post office, military PX, or any other federal government facility.
     
    -jeffB likes this.
  19. Burton Strauss III

    Burton Strauss III Brother can you spare a trime? Supporter

    ROTLFMAO - all that is going to do is cause NH businesses a world of hurt.

    The Supreme Court of the US has spoken, saying their ruling is unconstitutional is a piece of idiocy. If the NH Constitution says otherwise, the NH Constitution is wrong. The NH Courts are required to give full faith and credit to other states.

    The courts will sort all that out someday.

    What will hurt is that fees, interest, penalties against the business will accrue over the years. If you want to be a NH business and do business only inside of NH, have fun - Wayfair doesn't apply to you anyway... But the moment you have an asset outside of NH, boom - Liens will be upheld out of state.
     
    Derrick Combs likes this.
  20. justafarmer

    justafarmer Senior Member

    I am sure New Hampshire constructed their legislation based on considerable legal input from qualified legal counsel. Whether it holds in court or not is another issue but until another state challenges I'd say the New Hampshire businesses are fairly safe.
     
  21. Derrick Combs

    Derrick Combs Well-Known Member

    Move to a state that doesn't charge tax on Ebay and show your government what's up!
     
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