npalen
Elite Member
What has been your experience in your state?
I live in Idaho and the state has gone after Amazon to collect tax. If you buy from Amazon and Amazon is the seller (fulfills the order) then you get charged the tax. If a third party is the seller (fulfills the order then no tax is charged).
What has been your experience in your state?
I've noticed that they sometimes do and sometimes don't and they do have a warehouse in my state. Maybe depends on where the order is shipped from?
Compensating Use Tax is a tax paid on merchandise purchased from other states and used, stored, or consumed in Kansas on which no sales tax was paid. It is also due if the other state's rate is less than the Kansas rate of 6.50 percent paid at the time of purchase. The tax protects Kansas businesses from unfair competition from out-of-state retailers who sell goods either tax-free or at a lower tax rate. It also assures fairness to Kansans who purchase similar items in Kansas and pay Kansas sales tax. This use tax compensates for the lack of sales tax paid at the time of purchase. Use tax is due whether the property is shipped into Kansas or picked up in another state and brought back to Kansas. It applies only to tangible personal property, labor services are not subject to use tax. Like sales tax, compensating use tax is based on the total cost of the goods purchases, including postage, shipping, handling, or transportation charges.
There is no warehouse in VT, and most often we are charged tax, but quite often not. I haven't noticed a rhyme or reason. For our business I have just "decided" that they do charge tax so I don't have to look at each individual invoice to determine whether I need to pay Use Tax. It is, after all, their policy, that they charge tax. If they haven't collected it, they still are obliged to pay it. That's my philosophy anyways.
If you're buying for a business using that philosophy, you might want to consult a CPA.
Sellers don't just decide if they will or not. A small seller using a marketplace site may only be legally required to collect and remit sales tax for items shipped to customers in their own state. A recent Supreme Court decision may change that though and require that same small seller to comply with remote state laws. That will put an additional burden on many and may force them out of business.