On Nov 15, 7:32 pm, "BillP" wrote:
"Short Wave Sportfishing" wrote in messagenews:inmpj3dh56dkht4tpabvc0k3m4ofofhreb@4ax .com...

On Thu, 15 Nov 2007 15:43:04 -0800 (PST), Chuck Gould
wrote:

Try ordering some boat stuff on line. Many suppliers will charge you
your local sales tax as part of the transaction.

I buy a lot online and haven't paid state or local tax yet.

Ever.

As long as your not buying from a store with a presence in your state you'll
never pay any sales tax, it's illegal.

Hehe!!

"State and local taxation of foreign exports and interstate commerce
has obvious U.S. constitutional limitations. 2 However, the U.S.
Supreme Court has clearly held that state and local taxing authorities
may impose taxes on interstate commerce despite the limitations of the
Commerce Clause of the U.S. Constitution, provided that the tax has a
substantial nexus with the state, is fairly apportioned, does not
discriminate against interstate commerce, and is fairly related to the
services provided by the taxing state."

On Nov 15, 7:57 pm, Gene Kearns
wrote:
On Fri, 16 Nov 2007 00:32:38 GMT, BillP penned the following well
considered thoughts to the readers of rec.boats:







"Short Wave Sportfishing" wrote in message
.. .
On Thu, 15 Nov 2007 15:43:04 -0800 (PST), Chuck Gould
wrote:

Try ordering some boat stuff on line. Many suppliers will charge you
your local sales tax as part of the transaction.

I buy a lot online and haven't paid state or local tax yet.

Ever.

As long as your not buying from a store with a presence in your state you'll
never pay any sales tax, it's illegal.

You don't have any better grasp on this than you do global warming!
Please research the term "use tax."

Also see(for example):http://www.maine.gov/revenue/salesus...s/et2006_9.pdf

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepagehttp://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguidehttp://www.thebayguide.com/rec.boats - Hide quoted text -

- Show quoted text -

Exactly, Gene, he's dead wrong on this issue, too! Wonder if he ever
gets tired of being wrong?:

State and local taxation of foreign exports and interstate commerce
has obvious U.S. constitutional limitations. 2 However, the U.S.
Supreme Court has clearly held that state and local taxing authorities
may impose taxes on interstate commerce despite the limitations of the
Commerce Clause of the U.S. Constitution, provided that the tax has a
substantial nexus with the state, is fairly apportioned, does not
discriminate against interstate commerce, and is fairly related to the
services provided by the taxing state.

On Nov 15, 8:34 pm, "Don White" wrote:
"Gene Kearns" wrote in message

...





On Fri, 16 Nov 2007 00:32:38 GMT, BillP penned the following well
considered thoughts to the readers of rec.boats:

"Short Wave Sportfishing" wrote in message
. ..
On Thu, 15 Nov 2007 15:43:04 -0800 (PST), Chuck Gould
wrote:

Try ordering some boat stuff on line. Many suppliers will charge you
your local sales tax as part of the transaction.

I buy a lot online and haven't paid state or local tax yet.

Ever.

As long as your not buying from a store with a presence in your state
you'll
never pay any sales tax, it's illegal.

You don't have any better grasp on this than you do global warming!
Please research the term "use tax."

Also see(for example):
http://www.maine.gov/revenue/salesuse/usetax.pdf
http://www.mass.gov/legis/laws/mgl/64i-2.htm
http://www.arkansas.gov/dfa/rules/et2006_9.pdf

BillP is wrong again?? We'd better start keeping score.- Hide quoted text -

- Show quoted text -

Get a BIG ass piece of paper!!!

On Nov 15, 9:37 pm, "BillP" wrote:
"Gene Kearns" wrote in message

...





On Fri, 16 Nov 2007 00:32:38 GMT, BillP penned the following well
considered thoughts to the readers of rec.boats:

"Short Wave Sportfishing" wrote in message
. ..
On Thu, 15 Nov 2007 15:43:04 -0800 (PST), Chuck Gould
wrote:

Try ordering some boat stuff on line. Many suppliers will charge you
your local sales tax as part of the transaction.

I buy a lot online and haven't paid state or local tax yet.

Ever.

As long as your not buying from a store with a presence in your state
you'll
never pay any sales tax, it's illegal.

You don't have any better grasp on this than you do global warming!
Please research the term "use tax."

Also see(for example):
http://www.maine.gov/revenue/salesuse/usetax.pdf
http://www.mass.gov/legis/laws/mgl/64i-2.htm
http://www.arkansas.gov/dfa/rules/et2006_9.pdf

Your reading comprehension skills are severely lacking.
A "use tax" is not a sales tax, and it can not be collected from a company
that does not have a presence in the state in which the goods were sold. In
Shortwaves case *he* is supposed to inform his state of all goods he
purchased from outside sources and pay the required tax himself. It is
illegal for the merchant outside of his state to collect it, or any tax.- Hide quoted text -

- Show quoted text -

Ahem.....

State and local taxation of foreign exports and interstate commerce
has obvious U.S. constitutional limitations. 2 However, the U.S.
Supreme Court has clearly held that state and local taxing authorities
may impose taxes on interstate commerce despite the limitations of the
Commerce Clause of the U.S. Constitution, provided that the tax has a
substantial nexus with the state, is fairly apportioned, does not
discriminate against interstate commerce, and is fairly related to the
services provided by the taxing state.

wrote in message
...
On Nov 15, 9:37 pm, "BillP" wrote:
"Gene Kearns" wrote in message

...





On Fri, 16 Nov 2007 00:32:38 GMT, BillP penned the following well
considered thoughts to the readers of rec.boats:

"Short Wave Sportfishing" wrote in message
. ..
On Thu, 15 Nov 2007 15:43:04 -0800 (PST), Chuck Gould
wrote:

Try ordering some boat stuff on line. Many suppliers will charge you
your local sales tax as part of the transaction.

I buy a lot online and haven't paid state or local tax yet.

Ever.

As long as your not buying from a store with a presence in your state
you'll
never pay any sales tax, it's illegal.

You don't have any better grasp on this than you do global warming!
Please research the term "use tax."

Also see(for example):
http://www.maine.gov/revenue/salesuse/usetax.pdf
http://www.mass.gov/legis/laws/mgl/64i-2.htm
http://www.arkansas.gov/dfa/rules/et2006_9.pdf

Your reading comprehension skills are severely lacking.
A "use tax" is not a sales tax, and it can not be collected from a
company
that does not have a presence in the state in which the goods were sold.
In
Shortwaves case *he* is supposed to inform his state of all goods he
purchased from outside sources and pay the required tax himself. It is
illegal for the merchant outside of his state to collect it, or any tax.-
Hide quoted text -

- Show quoted text -

Ahem.....

State and local taxation of foreign exports and interstate commerce
has obvious U.S. constitutional limitations. 2 However, the U.S.
Supreme Court has clearly held that state and local taxing authorities
may impose taxes on interstate commerce despite the limitations of the
Commerce Clause of the U.S. Constitution, provided that the tax has a
substantial nexus with the state, is fairly apportioned, does not
discriminate against interstate commerce, and is fairly related to the
services provided by the taxing state.

Ahem...

"provided that the tax has a substantial nexus with the state" is the main
test.

Here is the Supreme Court ruling-

The facts in Quill Corp. are as follows: North Dakota sent a notice to
Quill Corp. that it owed use tax (a companion tax to the sales tax) payments
for purchases that North Dakota residents had made through Quill Corp.'s
catalogue. Quill responded that it did not have nexus in North Dakota
because it had no physical operations or employees and hence did not have to
collect North Dakota use tax on sales made to North Dakota customers.

The Supreme Court sided with Quill, ruling that a taxpayer must have a
physical presence in a state in order to require collection of sales or use
tax for purchases made by in-state customers. Physical presence means
offices, branches, warehouses, employees, etc. The existence of customers
alone (i.e. economic presence) did not create sufficient nexus under the
Commerce Clause for North Dakota to impose a sales tax collection burden on
Quill Corp..


http://www.taxfoundation.org/blog/show/963.html

wrote in message
...
On Nov 15, 7:57 pm, Gene Kearns
wrote:
On Fri, 16 Nov 2007 00:32:38 GMT, BillP penned the following well
considered thoughts to the readers of rec.boats:







"Short Wave Sportfishing" wrote in message
.. .
On Thu, 15 Nov 2007 15:43:04 -0800 (PST), Chuck Gould
wrote:

Try ordering some boat stuff on line. Many suppliers will charge you
your local sales tax as part of the transaction.

I buy a lot online and haven't paid state or local tax yet.

Ever.

As long as your not buying from a store with a presence in your state
you'll
never pay any sales tax, it's illegal.

You don't have any better grasp on this than you do global warming!
Please research the term "use tax."

Also see(for
example):http://www.maine.gov/revenue/salesus...s/et2006_9.pdf

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepagehttp://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's
de.com/rec.boats - Hide quoted text -

- Show quoted text -

Exactly, Gene, he's dead wrong on this issue, too! Wonder if he ever
gets tired of being wrong?:

State and local taxation of foreign exports and interstate commerce
has obvious U.S. constitutional limitations. 2 However, the U.S.
Supreme Court has clearly held that state and local taxing authorities
may impose taxes on interstate commerce despite the limitations of the
Commerce Clause of the U.S. Constitution, provided that the tax has a
substantial nexus with the state, is fairly apportioned, does not
discriminate against interstate commerce, and is fairly related to the
services provided by the taxing state.



"provided that the tax has a substantial nexus with the state" is the main
test.

Here is the Supreme Court ruling-

The facts in Quill Corp. are as follows: North Dakota sent a notice to
Quill Corp. that it owed use tax (a companion tax to the sales tax) payments
for purchases that North Dakota residents had made through Quill Corp.'s
catalogue. Quill responded that it did not have nexus in North Dakota
because it had no physical operations or employees and hence did not have to
collect North Dakota use tax on sales made to North Dakota customers.

The Supreme Court sided with Quill, ruling that a taxpayer must have a
physical presence in a state in order to require collection of sales or use
tax for purchases made by in-state customers. Physical presence means
offices, branches, warehouses, employees, etc. The existence of customers
alone (i.e. economic presence) did not create sufficient nexus under the
Commerce Clause for North Dakota to impose a sales tax collection burden on
Quill Corp..


http://www.taxfoundation.org/blog/show/963.html

wrote in message
...
On Nov 15, 7:32 pm, "BillP" wrote:
"Short Wave Sportfishing" wrote in
messagenews:inmpj3dh56dkht4tpabvc0k3m4ofofhreb@4ax .com...

On Thu, 15 Nov 2007 15:43:04 -0800 (PST), Chuck Gould
wrote:

Try ordering some boat stuff on line. Many suppliers will charge you
your local sales tax as part of the transaction.

I buy a lot online and haven't paid state or local tax yet.

Ever.

As long as your not buying from a store with a presence in your state
you'll
never pay any sales tax, it's illegal.

Hehe!!

"State and local taxation of foreign exports and interstate commerce
has obvious U.S. constitutional limitations. 2 However, the U.S.
Supreme Court has clearly held that state and local taxing authorities
may impose taxes on interstate commerce despite the limitations of the
Commerce Clause of the U.S. Constitution, provided that the tax has a
substantial nexus with the state, is fairly apportioned, does not
discriminate against interstate commerce, and is fairly related to the
services provided by the taxing state."


"substantial nexus"

"While there has been no definitive ruling as to what level of presence or
activity constitutes "substantial nexus" for taxing purposes in connection
with electronic commerce, in its April, 2000 Report to Congress, the
Advisory Commission on Electronic Commerce acknowledged that the substantial
nexus requirement of the due process clause prevents states from imposing
use tax collection and remittance duties on remote e-commerce retailers. And
the Supreme Court has held that "substantial nexus" in the context of sales
and use taxes requires that a seller have a physical presence in the taxing
jurisdiction before a state may impose a duty to collect taxes. Thus, a
retailer whose only contacts with the taxing state are by mail or common
carrier-i.e., advertisements, flyers, and catalogues sent through the mail
or by common carrier-lacks "substantial nexus" and cannot be required to
collect taxes for that state. "

http://safeselling.org/taxes.shtml

On Fri, 16 Nov 2007 13:55:52 GMT, "BillP"
wrote:

I haven't followed the legalities, but was surprised a couple days ago
when I was charged state tax in buying a couple gifts on QVC.
Here's what they say on their website.

--Vic

QVC is registered with your state to collect sales or use tax, as
appropriate, on taxable items shipped to your state. Most states
require that we tax shipping and handling as well. The passage of the
Internet Tax Freedom Act and similar state statutes has no effect on
QVC's current obligation to collect such taxes. Please note that sales
and use tax collected is remitted by QVC to your state taxation
authority as required by law. These monies are not retained by QVC.

"Vic Smith" wrote in message
...
On Fri, 16 Nov 2007 13:55:52 GMT, "BillP"
wrote:

I haven't followed the legalities, but was surprised a couple days ago
when I was charged state tax in buying a couple gifts on QVC.
Here's what they say on their website.

--Vic

QVC is registered with your state to collect sales or use tax, as
appropriate, on taxable items shipped to your state. Most states
require that we tax shipping and handling as well. The passage of the
Internet Tax Freedom Act and similar state statutes has no effect on
QVC's current obligation to collect such taxes. Please note that sales
and use tax collected is remitted by QVC to your state taxation
authority as required by law. These monies are not retained by QVC.




The key phrase "QVC is registered with your state to collect sales or use
tax" this provides the "nexus".

QVC has volunteered to register with the state, probably due to either a
presence in the state or a subsidiary in the state.
Without this presence, or nexus in the state they can not be forced to
collect the sales tax.

On Fri, 16 Nov 2007 14:23:53 GMT, "BillP"
wrote:


"Vic Smith" wrote in message
.. .
On Fri, 16 Nov 2007 13:55:52 GMT, "BillP"
wrote:

I haven't followed the legalities, but was surprised a couple days ago
when I was charged state tax in buying a couple gifts on QVC.
Here's what they say on their website.

--Vic

QVC is registered with your state to collect sales or use tax, as
appropriate, on taxable items shipped to your state. Most states
require that we tax shipping and handling as well. The passage of the
Internet Tax Freedom Act and similar state statutes has no effect on
QVC's current obligation to collect such taxes. Please note that sales
and use tax collected is remitted by QVC to your state taxation
authority as required by law. These monies are not retained by QVC.




The key phrase "QVC is registered with your state to collect sales or use
tax" this provides the "nexus".

QVC has volunteered to register with the state, probably due to either a
presence in the state or a subsidiary in the state.
Without this presence, or nexus in the state they can not be forced to
collect the sales tax.

I found this (I live in Illinois)
http://www.revenue.state.il.us/legal...0/sg000281.PDF

Which includes this:

"Some out-of-State retailers who do not have sufficient contact
(nexus) with this State choose to voluntarily register to collect
Illinois Use Tax so that their customers are relieved of the
responsibility of filing a return and remitting the tax directly to
the Department."

Indicating "nexus" isn't necessary.
I don't know why a company would "voluntarily register" without a
nexus since this is a pricing disadvantage.
But apparently they do.

--Vic