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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 |
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