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<p>[QUOTE="Good Cents, post: 3712278, member: 100720"]I'm not a lawyer, but this NH law sounds like it is in direct contradiction to the Supreme Court ruling in the Wayfair case. Maybe this will be the next case brought to the Supreme Court.</p><p><br /></p><p>Basically, the Supreme Court says that by FEDERAL LAW states can set their own reasonable thresholds * and if any Seller of taxable goods or services delivered to ANY state meets those thresholds then by FEDERAL LAW the state where the goods/services were delivered can collect the sales tax it from the Seller, can penalize the Seller for not having collected it and can require the Seller to register with that state, and file quarterly sales tax reports to that State (again, regardless of what state the seller is in, and last I checked NH was part of the Union).</p><p><br /></p><p>So much for "State's Rights." States got their rights, and now we, the people, are paying through the nose! Each state has its own laws about Sales Tax on Bullion too. It's a nightmare for everyone except the Accountants and the State Treasuries.</p><p><br /></p><p>eBay is actually doing all the Sellers a favor by collecting and reporting to all 45 states with Sales Tax. If eBay didn't do that, every small seller would have to do it themselves. (eBay is not doing it out of benevolence, they know THEY would get sued by 45 states if they didn't do this sales tax collecting because they are the ones that have deep pockets. Small sellers don't.) </p><p><br /></p><p>Btw, by the end of this year EVERY Online Retailer selling taxable goods or services on the web has to collect and pay Sales Taxes to ALL 45 States that charge Sales Tax. Every Catalog Retailer has to do the same. It's a nightmare for small businesses. Sure, Walmart can handle it. And eBay HAS to handle it, lest 45 states come after it for facilitating all these sales. But small online retailers have a nightmare on their hands.</p><p><br /></p><p>This is the kind of legislation that can and should be worked on by BOTH government parties - Democrat & Republican alike - namely, simplifying the new nightmare of Sales Tax collection, reporting, etc. with regard to online retail commerce. Hopefully our Legislative Branch can come up with something FAST, before all kinds of small business owners suffer from the burdens of sales tax audits, sales tax penalties, tax court in other states, etc.</p><p><br /></p><p>* I believe the minimum any state's threshold is in terms of mandatory sales tax registration and reporting in a specific state is either 200 separate sales within that state in the previous calendar year, or $100,000 of sales within that state in the previous calendar year.[/QUOTE]</p><p><br /></p>
[QUOTE="Good Cents, post: 3712278, member: 100720"]I'm not a lawyer, but this NH law sounds like it is in direct contradiction to the Supreme Court ruling in the Wayfair case. Maybe this will be the next case brought to the Supreme Court. Basically, the Supreme Court says that by FEDERAL LAW states can set their own reasonable thresholds * and if any Seller of taxable goods or services delivered to ANY state meets those thresholds then by FEDERAL LAW the state where the goods/services were delivered can collect the sales tax it from the Seller, can penalize the Seller for not having collected it and can require the Seller to register with that state, and file quarterly sales tax reports to that State (again, regardless of what state the seller is in, and last I checked NH was part of the Union). So much for "State's Rights." States got their rights, and now we, the people, are paying through the nose! Each state has its own laws about Sales Tax on Bullion too. It's a nightmare for everyone except the Accountants and the State Treasuries. eBay is actually doing all the Sellers a favor by collecting and reporting to all 45 states with Sales Tax. If eBay didn't do that, every small seller would have to do it themselves. (eBay is not doing it out of benevolence, they know THEY would get sued by 45 states if they didn't do this sales tax collecting because they are the ones that have deep pockets. Small sellers don't.) Btw, by the end of this year EVERY Online Retailer selling taxable goods or services on the web has to collect and pay Sales Taxes to ALL 45 States that charge Sales Tax. Every Catalog Retailer has to do the same. It's a nightmare for small businesses. Sure, Walmart can handle it. And eBay HAS to handle it, lest 45 states come after it for facilitating all these sales. But small online retailers have a nightmare on their hands. This is the kind of legislation that can and should be worked on by BOTH government parties - Democrat & Republican alike - namely, simplifying the new nightmare of Sales Tax collection, reporting, etc. with regard to online retail commerce. Hopefully our Legislative Branch can come up with something FAST, before all kinds of small business owners suffer from the burdens of sales tax audits, sales tax penalties, tax court in other states, etc. * I believe the minimum any state's threshold is in terms of mandatory sales tax registration and reporting in a specific state is either 200 separate sales within that state in the previous calendar year, or $100,000 of sales within that state in the previous calendar year.[/QUOTE]
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