This Question is Possibly Answered

1 "correct" answer available (5 pts) 3 "helpful" answers available (4 pts)
Post a new topic
7 Replies Last post: Jun 17, 2008 6:32 PM by Santa Fe CPA

Collecting Sales tax for out of state Business

Jun 17, 2008 1:47 PM

Click to view PRINTERS's profile Mogul PRINTERS 28 posts since
May 29, 2008
I am getting oppurtunity to send printing works to other states. Do i need to collect sales tax for the item send out of state. If Yes, How to know the taxrate for other states. I am print broker from florida.
Report as inappropriate
Click to view Santa Fe CPA's profile Mogul Santa Fe CPA 67 posts since
Oct 10, 2007
1. Re: Collecting Sales tax for out of state Business Jun 17, 2008 3:02 PM
PRINTERS:

According to the "Quill" decision by the Supreme Court of the US of several years ago, unless you have some sort of a physical presence in that State you do not have to collect or pay the sales tax there. Your costomner may have a local use tax issue to contend with though.
Mailing a catalogue or having a sales rep travel through there does not constitute a physical presence.
Click to view PRINTERS's profile Mogul PRINTERS 28 posts since
May 29, 2008
2. Re: Collecting Sales tax for out of state Business Jun 17, 2008 4:32 PM
in response to: Santa Fe CPA
Do i need to collect the use tax from that client.
Click to view Santa Fe CPA's profile Mogul Santa Fe CPA 67 posts since
Oct 10, 2007
3. Re: Collecting Sales tax for out of state Business Jun 17, 2008 5:13 PM
in response to: PRINTERS
PRINTERS

No, you do not have to collect the Use Tax. That is the responsibility of your customer to pay to his tax authority.
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
4. Re: Collecting Sales tax for out of state Business Jun 17, 2008 5:38 PM
in response to: Santa Fe CPA

SantaFeCPA, I'm wondering (honestly don't know) . . . if this member (in FL) brokered the job for a client in another state, and the job was actually printed in a shop in that client's home state and shipped from there, would there be any issue? I understand that if the work is printed in and shipped from FL, no problem -- but what if it were printed in another state and shipped to a client in that same state? Thanks.
Click to view dublincpa's profile Mogul dublincpa 165 posts since
Jan 29, 2008
5. Re: Collecting Sales tax for out of state Business Jun 17, 2008 5:53 PM
in response to: Lighthouse24
The few states that I have dealt with would require the business drop shipping the order to charge sales tax if sold to a reseller but drop shipped to a non exempt customer. This is very confusing for a normally tax exempt reseller invoiced by a supplier with tax.
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
6. Re: Collecting Sales tax for out of state Business Jun 17, 2008 6:09 PM
in response to: dublincpa
That's another good point, DublinCPA -- it's possible that the type of printed matter being delivered would be sales tax exempt in the recipient's home state anyway. Thanks for the response!
Click to view Santa Fe CPA's profile Mogul Santa Fe CPA 67 posts since
Oct 10, 2007
7. Re: Collecting Sales tax for out of state Business Jun 17, 2008 6:32 PM
WOW!, we have really opened a can of worms with this sales tax q & a.

A few years ago, I sat in on an (I think thta itis called) "The Interstate Tax Commission" mettings where the State Tax Authorities discussed the significant problems caused them by "Quill" in collecting all the sales and use tax that they count. (It is never enough.) It will probably take a Philadelphia Lawyer to put the whole puzzle together. (Offense intended.)

The fancy word is "Nexus". What is the connection between the puchase and sale to the end user customer of a tangible product or taxable service? What is the jursidictional location of both buyer and seller? If broker Printer in FL puts together a deal between and printer job shop in GA who sells to a client in NC who has the finished job drop shipped to a customer in VA, I say that the VA customer owes use tax. If all transactions occur within the same jurisdiction then the final seller collects the tax from the retail customer and pays it over to the Renenuers.

I would look the the location of the actual final sale and change in ownership of the product.

Most Recent Forum Posts

Legend

  • Open Question
  • Answered Question
  • New content since your last visit
  • Updated content since your last visit
  • Content you have read