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Joined: Jan 2009
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Originally Posted By: Geo. Newbern
Originally Posted By: Gr8day
Good news for Guns International IMO


Until the AG from the buyer's State hits them with a lawsuit to collect on all sales for the last year?...Geo

Probably applies to our for sale forum here on Doubdlegunshop as well...Geo


George,

I retired as a CPA last month and based on my understanding of Guns International's marketing model I don't believe they have to collect sales tax because they are not involved as an intermediary in the sale. GI charges a fee to list the gun for sale whether or not the gun sells, charges no additional fee if the gun sells and the payment is directly between the buyer and the selling dealer.

If my understanding of GI's relationship to the sale is correct if they are responsible to collect sales tax then a newspaper is also responsible for sales through their classified ads.

Sales here are not subject to sales tax except directly to any seller who exceeds the number of transactions or dollar amount established by the various state implementation laws and thereby creates nexus.

https://www.gunsinternational.com/sell-guns-online/membership-fees.cfm

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Amazon has a good page with links to all the states rules. This started rolling out about 1-2 years ago giant companies like ebay and amazon being the first forced to collect.

https://www.amazon.com/gp/help/customer/display.html?nodeId=202211260

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I was shocked when eBay charged my buyer sales tax on a fly rod I sold a few months ago. The big sellers on eBay had been charging sales tax for a while; now, it seems all transactions are subject to it regardless of whether the seller is just unloading personal items.

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Flychamps, I'm not a real lawyer anymore just and old retired one and I ain't looking up nothing about taxes for free. So you are probably right in your advice above.

The States have been working on internet sales tax for years. I think it is a pity...Geo

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It would be interesting to see how they document a specific transaction and payment to the state. Gil

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what would also be interesting is if internet sales brokers like gb and gi, would just simply refuse to collect sales tax on behalf of any state...and definitely not on any tea transactions...

due to the last election, civil rebellion is in the air...

why not tax rebellion, as well?


birds are gone...dogs are gone...awl we got left are the gons...
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Unless things changed again when I was not paying attention, the SCOTUS case that allowed sales tax mandates on internet sales had an exception for certain vendors. Pretty sure it is still the case that vendors who ship less than $10K per year into any state do not have to collect sales tax for that state. Example: a vendor who ships less than $10K per year into Oregon does not have to collect sales tax for Oregon. Same vendor shipping more than $10K into California does have to collect sales tax and remit to CA. The big aggregators and sell-through operators like Amazon and eBay developed software for their vendors to track all the different state and local tax rules as a service to their sellers. They are probably applying that service across the board, without regard to dollar volume, because they have no way to track that volume though multiple sales channels. Anyone able to clarify?

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You are correct that SCOTUS accepted the concept of a de minimis number of transactions or dollar amounts but did not specify what would qualify for de minimis - only that SD's $100,000 or 200 transactions met their standard.

The real abomination here is that the US Congress has not passed a law that would make filing these multiple state returns less of a burden for smaller business' that do not have a physical presence (nexus) in a state. Each state has their own filing requirements, forms and items taxed and the rates taxed, which makes filing a nightmare for small business ' filing in multiple states where they do not have a physical present.

The "marketplace facilitators" like Ebay and Gunbroker are considered the seller and must aggregate all transactions. They're stuck and we're screwed.

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jes simply refuse to pay da damn tax...

we did hit befo, we can do hit agin...


birds are gone...dogs are gone...awl we got left are the gons...
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