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Internet Sales and Taxes
by mlittles23, Window Shopper
- Created: April 13, 2010, 7:34 am
- Updated: March 18, 2013, 12:07 pm
Can any explain how sales tax work in the US when it comes to Internet based sales? I'm hearing they don't apply in one area, and then somewhere else they say they do?
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Michael J. Fleming | Window Shopper | 3/15/2013 - 12:41 pm
definitely required before a state can force you to collect sales tax on its
behalf. However the states have been pushing the envelope when it comes to
defining what physical presence is. Two areas that online sellers usually
have problems with are drop shipping, fulfillment centers and affiliates.
Some states assert that the activities of shipping and handling by a drop
shipper for you are enough to create a physical presence in that state. For
those of you who use Amazon for fulfillment services you may have been told
that your inventory may be stored at any one of their 13 warehouses. Anywhere
your inventory is stored is usually a nexus creating activity. Lastly, if you
have websites that link to you website and you pay them a fee or commission
for sales that happen as a result of that link then many state will consider
those websites to have created nexus for you. So while it is true that a
physical presence is necessary; the states definition could be vastly
different then yours.
If the Main Street Fairness, Market Place Fairness or any similar Act is
passed and becomes law then the physical presence requirement will probably
become a moot point for many who exceed the small business exemptions. In
these cases you would most probably have to charge sales tax everywhere.
NicoleD | Former Moderator | 4/22/2010 - 6:50 am
NRiddle | Contributor | 4/21/2010 - 9:40 pm
NicoleD | Former Moderator | 4/13/2010 - 7:36 am
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