Comments on: eBay Seller Update 2019: Sales Tax Collection https://www.ecommercebytes.com/2019/03/06/ebay-seller-update-2019-sales-tax-collection/ Ecommerce Industry News Fri, 08 Mar 2019 09:34:20 +0000 hourly 1 https://wordpress.org/?v=6.5.3 By: The End https://www.ecommercebytes.com/2019/03/06/ebay-seller-update-2019-sales-tax-collection/#comment-2122 Fri, 08 Mar 2019 09:34:20 +0000 http://www.ecommercebytes.com/?p=13261#comment-2122 Hello Thanksbutnothanks,
Please review Article 1, Section 9, paragraph 5 of the United States Constitution:
“No Tax or Duty shall be laid on Articles exported from any State.”
It is self explanatory.
https://www.archives.gov/founding-docs/constitution-transcript
Thank you.

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By: Sarah https://www.ecommercebytes.com/2019/03/06/ebay-seller-update-2019-sales-tax-collection/#comment-2121 Fri, 08 Mar 2019 02:27:53 +0000 http://www.ecommercebytes.com/?p=13261#comment-2121 I can confirm that shopping venues that do not accept valid resale exemption certificates will lose business. Etsy started doing this last year and I have boycotted them ever since. I’ll start to do the same on eBay. I live in PA, and unless PA changes the rules for getting sales tax back – which is an onerous, time-consuming process – it is not feasible to seek or expect any sales tax help from PA.

Even if I were to file an appeal, part of the documentation required to get a refund for sales tax paid if the reason is “purchased for resale”, is proof that you sold the item and collected sales tax.

Um – most of my sales are not to other PA residents, so I would never be able to provide that AND that requirement is contrary to how it works when you normally present a resale certificate to a vendor: i.e. you never pay the tax in the first place.

Until the whole sales tax mess is worked out, the states will not realize its full potential, because what they are gaining in sales tax from out-of-state sellers will be partially offset by loss of income taxes paid by sellers who see their revenue decrease. Even though I’m a small seller, I do report my income from online sales to both the state and feds.

I have always collected and remitted sales tax for sales to other PA residents, which I realize many small sellers don’t, but they are breaking the law. I’m an accountant by day-job and have always handled sales and use tax at the companies I’ve worked for, so I don’t find dealing with it as daunting as many would.

Big online selling venues who choose to be Marketplace Facilitators (which means they act as a middle man by having the payments made to them instead of directly to the seller) need to work out a system for accepting resale exemption certificates ASAP, and the states need to amend any of their own laws that throw up legal roadblocks to the selling venues doing this.

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By: Thanksbutnothanks https://www.ecommercebytes.com/2019/03/06/ebay-seller-update-2019-sales-tax-collection/#comment-2119 Thu, 07 Mar 2019 16:00:13 +0000 http://www.ecommercebytes.com/?p=13261#comment-2119 Dear The End:
I think you raise a lot of GOOD points about the power of state governments to tax the citizens of other STATES, and how the Supreme Court has interpreted the powers of the so-called “dormant commerce clause.” Would you care to expand on the unconstitutionality and illegality you describe in your INITIAL POST? Looking forward to more EXCELLENT legal ANALYSIS.
Very best regards,
Thanksbutnothanks

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By: The End https://www.ecommercebytes.com/2019/03/06/ebay-seller-update-2019-sales-tax-collection/#comment-2117 Thu, 07 Mar 2019 10:51:25 +0000 http://www.ecommercebytes.com/?p=13261#comment-2117 TAXES : While this entire event is UNCONSTITUTIONAL and ILLEGAL,
I say “Let the venues and shopping cart hosts distribute the tax. Leave Us Out of it.”
Bothering small businesses about collecting the ILLEGAL out of state tax should not be an option.

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