Since when is it manditory that a seller collects tax from a buyer on E-Bay?
2007-10-23 09:33:55 · 4 answers · asked by laney45 4 in Business & Finance ➔ Taxes ➔ United States
If the seller does business in New York or is from New York and is an established business it is obligated to collect sales tax. I sell on ebay from a state that does not require sales taxes and therefore I am not worried on this concept. Think about this, if the business only had online sales then it had to collect taxes on those sales and if those sales happened to be on ebay thats what happens. Ive been on ebay since 01 and the number of sellers who collect taxes is increasing ever since.
2007-10-23 09:38:34 · answer #1 · answered by teodor d 2 · 1⤊ 0⤋
Technically speaking, he (and not you) has a duty to pay sales tax assuming if he is also located in NY. The real issue is whether or not he has the right to collect it from you.
For the most part, there is an implied agreement to pay sales tax whenever you walk into a store because the store adds it to the bill and consumers just pay it. This is something that everybody understood going into the transaction. However, the same is not true for a garage sale where sales tax is not typically collected, and consumers there generally expect to not pay it.
If the listing said that NY residents will have to pay 8% sales tax, then paying this 8% was part of the deal that you signed up for. If not, then I think you have a valid objection because bidders don't generally have to pay sales tax (or at least aren't charged sales tax.) Something like this should be stated upfront.
That being said, I doubt that the seller will ship it to you in NY without paying an additional 8% sales tax. What you are left with is a negotiation based on the sales tax, contract law, and the eBay feedback system. If the sales tax wasn't disclosed you may be able to work out something with the seller, but that depends on the seller and much you and the seller care about your feedback rating.
2007-10-23 11:46:50 · answer #2 · answered by ? 6 · 0⤊ 0⤋
If he lives in NY and is selling as a business, not just getting rid of some of his old stuff, he has to collect sales tax if he sells to people in NY. This isn't something new.
2007-10-23 09:49:33 · answer #3 · answered by Judy 7 · 0⤊ 1⤋
Why don't you ask Barbara Billet, Elliot Spitzer, and Dennis Kozlowski?
What you are proposing is tax evasion.
2007-10-23 11:31:06 · answer #4 · answered by Steve 6 · 0⤊ 0⤋