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Sales Tax
by StaceyH, Window Shopper
- Created: January 7, 2011, 7:16 am
- Updated: April 23, 2013, 1:32 pm
My husband and I have a raw petfood biz based in MN, we are starting to branch out to 3 other states. We have a website, the customer orders, and we deliver the product...do we collect sales tax based on those states rates and guidelines???
Help!!!!!!
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Michael J. Fleming | Window Shopper | 3/31/2013 - 12:05 pm
you must have nexus with that state. Nexus is a minimum link or connection.
When it comes to sales tax you that link must be some sort of physical
presence. However the states have gotten very aggressive in defining what
constitutes physical presences and the US Supreme Court has backed them up in
many cases.
For example the use of third parties or may not even represent you
exclusively can be that "physical presence" that creates nexus. They don't
even have to be permanently located in the state. For example if a third part
travels into the state of Michigan on your behalf and is there for grater
than 1 day then the state of Michigan asserts that is a nexus creating
activity for you.
In the situation where you have a business in MN. You would charge sales tax
on shipments to your customers in MN. In your other 3 states if you have
created nexus you would charge sales tax. Sales tax in interstate
transactions involving tangible property is always based on the ship to
address. So if you don't have nexus you should not charge any tax. Do not
charge MN tax on out of state shipments.
You stated you delivered the product. If you used the US Mail, Fedex, UPS or
a similar service this would not create nexus for you. If you used your own
car or truck it would create nexus for you in most instances. Some other
issues to consider when deciding if you have nexus are; advertising in local
print, radio or TV, having third parties or employees travel into a state on
your behalf and the use of "click trough" relationships on the internet.
Not every state is the same in determining what creates nexus. If you post
your activities in a specif state I will be more than happy to comment on
whether or not the state would assert they are nexus creating.
metrovacuums | Window Shopper | 4/19/2013 - 1:54 pm
StatesSalesTax | Window Shopper | 7/12/2011 - 12:12 am
marthin | Contributor | 1/8/2011 - 2:21 am
BizResearcher | Window Shopper | 1/11/2011 - 11:32 am
NicoleD | Former Moderator | 1/12/2011 - 9:59 am
jbeidle | Contributor | 1/14/2011 - 6:20 pm
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