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States Can Require Internet Tax Collection, Supreme Court Rules

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Re: States Can Require Internet Tax Collection, Supreme Court Rules

#321

Any idea how this will affect SaaS folks with no physical products?

Some states consider SaaS [1] and digital products [2] taxable. Refer to the blog posts below:

[1] https://blog.taxjar.com/saas-sales-tax/ [2] https://blog.taxjar.com/sales-tax-digital-products/

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#322
post #258

What no one is talking about here is how this would be handled, especially for a small online sellers. There are almost 10,000 tax jurisdictions ( https://www.washingtonpost.com/blogs/fact-checker/post/mccon... ) and you're not allowed to collect sales tax unless you register for that jurisdiction. There is also a fee collected by most jurisdictions to register and most make you send in periodic reports, even if you…

See [1]. Sales tax as a service is available from seven different providers. Shopping cart integration is available. You pay one bill, they handle the rest. [1] http://www.streamlinedsalestax.org/

Where do you get to see the list of providers?

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#323

Yet another tenuous stretching of nexus by lawyers who have little interest in how technology works, but do have every incentive to justify increasing their own scope. This is the equivalent of telling New Hampshire stores that they're responsible for collecting Massachusetts sales tax for people coming over the border to shop. A business collecting taxes for the state they are in, even for orders shipped out of stat…

>holds the state governments to a modicum of honesty. Coffee almost came out my nose. Governments in southern New England are only regarded as legitimate because people in MA and CT bury their heads in the sand and RI compares itself to NYC and Chicago (that's not to say that useful or good programs don't exist within these governments). >This is the equivalent of telling New Hampshire stores that they're responsible…

Sure, but at least MA/CT sales tax is just above 6%, while CA is pushing 9%.

The bigger picture is that if one wants to live close to family and friends in New England, they're still able to move and pay 0% sales and state earned income taxes. Whereas if one wants to live close to family and friends in CA, they're completely over the barrel.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#324
post #271
post #265

Earlier quoted context omitted.

Sounds like a business opportunity.

Avalara just went public and is benefitting from the ruling: https://www.geekwire.com/2018/avalara-stock-soars-following-...

Tax Jar is another. I dont have a problem paying the fees but as stated above, the filing in all jurisdictions is such a pain it will knock out alot of small sellers online. The seller will have to pay a bond in nearly every state and some cities which can add upto thousands of $$. No clue how the Chinese sellers will handle it, they probably just wont remit.

I think eBay and Etsy side hustle sellers especially should be worried. This helps large internet retailers like Amazon. They have the systems in place to charge and remit sales tax for 3rd party merchants, they've just been waiting until this ruling happened.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#325

Something like ten years ago now, Washington State changed their sales tax requirements in a way that required the seller to look up the four-digit rate code of the buyer, both for determining the rate to charge and later for remitting to the state. The quarterly file they provide with this information is ~150000 rows. Prior to that date, you just reported for the jurisdiction in which the business was registered. Be…

It sounds like Avalara costs $50 per year for small businesses, but scales up for larger companies. So compliance is trivial if it truly works.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#326

Earlier quoted context omitted.

suddenly the EU VAT system looks awesome :-)

The US system of local sales taxes doesn't look awesome ever. If there were one economic reform I would push in the US it would be advertised price is final price (i.e. if you say "I'm selling this for $9.99" then that's all you pay, and the taxes are all inclusive) this would pretty much force underlying tax reform as businesses lost their shit having to deal with the insanity. Note that the disaster area that is US…

Its worst at the liquor store where taxes are some significant percentage more, so the price is $18.99 but I know I'll pay some amount between $22 and $27.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#327

Earlier quoted context omitted.

suddenly the EU VAT system looks awesome :-)

The US system of local sales taxes doesn't look awesome ever. If there were one economic reform I would push in the US it would be advertised price is final price (i.e. if you say "I'm selling this for $9.99" then that's all you pay, and the taxes are all inclusive) this would pretty much force underlying tax reform as businesses lost their shit having to deal with the insanity. Note that the disaster area that is US…

Tax Increment Financing is used so much (abused) by local jurisdictions for infrastructure improvements, sales tax will never go away. It's a mess.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#328
post #276

Earlier quoted context omitted.

If the business isn't paying the tax, then I'm sure the people paying the tax can pay the tax themselves. No need to add a middleman.

They tried that for 10 years and it didn't work. Very few people pay use tax like they should. But it wasn't cost effective to enforce every individual offender. So now they're trying something different.

Both you and Cerium are correct. Depending on buyers to collect sales tax from themselves hasn't been working. And forcing someone in a different jurisdiction to do it might not be defensible.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#329
Ideally, there would be an API provided by the federal government that would give you a list of tax rates for any address. Where there's always a standard rate for general goods, and then any additional rates for things like school supplies or other stuff.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#330

I run a little side project that sells a small software tool for $12/customer (forever, not recurring). It generates about $1200/month. Should I care about this? I use Stripe to collect payments, if it matters.

SaaS is taxable in some states [1], so if you have nexus in one of those states you'll want to register for a sales tax permit and collect sales tax for that state. When these states introduce thresholds similar to South Dakota, you may be obligated to collect sales tax in additional states.

You can use a sales tax API with Stripe [2] to calculate sales tax before processing the payment. From there, you'll have to remit the sales tax to the state manually or use sales tax compliance software like TaxJar or Avalara.

[1] https://blog.taxjar.com/saas-sales-tax/ [2] https://developers.taxjar.com/blog/handling-sales-tax-with-s...

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