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Is Ebay going to Pull Sales Taxes on Everyone's Sales?
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<p>[QUOTE="ToughCOINS, post: 3712346, member: 20480"]New Hampshire's law almost certainly will be challenged, and at least part of it almost certainly will prevail. As with other communications from which liability may emerge (banking fees, insurance coverage, eviction notices, property tax liens, etc.), it is imcumbent upon those imposing a potential liability to provide direct and timely communication of new responsibilities.</p><p><br /></p><p>Just as likely to be challenged, but more murky is the requirement that compliant businesses be able to "recover reasonable costs incurred in the collection and remission of sales and use taxes to an out of state taxing jurisdiction". This is a great, big apple for the SCOTUS to bite from. Why? Because, large businesses might easily comply, while for small businesses, it is entirely likely that it will cost more to implement and maintain the systems necessary to withhold and remit the required taxes than the total taxes they are responsible to withhold for other states. Are the taxing jurisdictions going to pay those smaller businesses the difference if the cost of withholding exceeds the taxes withheld?[/QUOTE]</p><p><br /></p>
[QUOTE="ToughCOINS, post: 3712346, member: 20480"]New Hampshire's law almost certainly will be challenged, and at least part of it almost certainly will prevail. As with other communications from which liability may emerge (banking fees, insurance coverage, eviction notices, property tax liens, etc.), it is imcumbent upon those imposing a potential liability to provide direct and timely communication of new responsibilities. Just as likely to be challenged, but more murky is the requirement that compliant businesses be able to "recover reasonable costs incurred in the collection and remission of sales and use taxes to an out of state taxing jurisdiction". This is a great, big apple for the SCOTUS to bite from. Why? Because, large businesses might easily comply, while for small businesses, it is entirely likely that it will cost more to implement and maintain the systems necessary to withhold and remit the required taxes than the total taxes they are responsible to withhold for other states. Are the taxing jurisdictions going to pay those smaller businesses the difference if the cost of withholding exceeds the taxes withheld?[/QUOTE]
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