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Old 11-20-2006, 07:14 PM
 
2 posts, read 8,497 times
Reputation: 10

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I live in VA & am buying a lot of audio equipment from a retailer in North Carolina (Winston-Salem). Does the retailer have to charge me sales tax if the items are delivered to me in VA? I understand it is my obligation to voluntarily remit the appropriate sales tax to my state, but is this retailer required (by his state's tax laws) to charge me sales tax? Afterall, I'm taking possession of the items in VA, so he can't charge me NC tax. Is he legally obligated to charge me VA tax?

Somebody please let me know.
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Old 11-20-2006, 07:15 PM
 
Location: Cornelius
2,314 posts, read 2,836,683 times
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I do not think so. If you went into the store he would.Mind you i am not a tax expert!
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Old 11-20-2006, 07:19 PM
 
2 posts, read 8,497 times
Reputation: 10
What tax info can I share with him to PROVE to the retailer that he doesn't have to charge me tax?
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Old 11-20-2006, 07:26 PM
 
Location: Blue Ridge Mtns of NC
5,660 posts, read 27,006,052 times
Reputation: 3858
Quote:
Originally Posted by AudioBuyer View Post
I live in VA & am buying a lot of audio equipment from a retailer in North Carolina (Winston-Salem). Does the retailer have to charge me sales tax if the items are delivered to me in VA? I understand it is my obligation to voluntarily remit the appropriate sales tax to my state, but is this retailer required (by his state's tax laws) to charge me sales tax? Afterall, I'm taking possession of the items in VA, so he can't charge me NC tax. Is he legally obligated to charge me VA tax?

Somebody please let me know.
Does this retailer in Winston-Salem operate any businesses within the state of Virginia?

Last edited by mm34b; 11-20-2006 at 07:59 PM..
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Old 11-20-2006, 07:49 PM
 
Location: in a house
3,574 posts, read 14,345,677 times
Reputation: 2400
Quote:
Originally Posted by AudioBuyer View Post
I live in VA & am buying a lot of audio equipment from a retailer in North Carolina (Winston-Salem). Does the retailer have to charge me sales tax if the items are delivered to me in VA? I understand it is my obligation to voluntarily remit the appropriate sales tax to my state, but is this retailer required (by his state's tax laws) to charge me sales tax? Afterall, I'm taking possession of the items in VA, so he can't charge me NC tax. Is he legally obligated to charge me VA tax?

Somebody please let me know.
Try googling the NC state website, then look for consumer affairs.
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Old 11-20-2006, 08:03 PM
 
Location: Florida
2,209 posts, read 7,658,127 times
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There used to be a document, er, very possibly the greatest legal document ever written spelling out what the government can and cannot do, thereby creating the most free society the world had ever known. Let's see, I think it was called the Constitution.

It truly was a great document and symbol of freedom. Specifically it referred to your question too. It said, and I paraphrase , there shall be no involuntary slavery .

Apparently those guys who wrote that document felt that no way should common folk become slaves to the government and especially should not be forced to collect taxes for the government and not even get paid to do so. Kind of like double slavery you see.

But I believe that starting in th late 1850's that document was essentially ripped into pieces by a very slick lawyer fella who destroyed much of the spirit AND letter of that document which was the law of the land. Now that document I was told is in a museum, under glass, behind an armed guard etc. For freedom of course.

What a shame.
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Old 11-20-2006, 09:08 PM
 
Location: Blue Ridge Mtns of NC
5,660 posts, read 27,006,052 times
Reputation: 3858
Unless a company has a physical presence in the state – a nexus – the U.S. Supreme Court has ruled that the company is not required to collect sales taxes on purchases made by mail order, Internet, telephone, etc. The obligation to pay sales tax is determined by the location of the buyer, not the seller. If a business does not have a physical presence in a particular state, such as a store or warehouse, it is not required to collect sales tax for sales from customers in that state. In legal speak, this connection between sales and location is referred to as a "nexus" and was established by the U.S. Supreme Court in Quill v. North Dakota, 504 U.S. 298 (1992).

http://supct.law.cornell.edu/supct/html/91-0194.ZO.html (broken link)
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Old 11-21-2006, 07:33 PM
 
Location: Way back in the woods in,NC
131 posts, read 188,944 times
Reputation: 44
Quote:
Originally Posted by mm34b View Post
Unless a company has a physical presence in the state – a nexus – the U.S. Supreme Court has ruled that the company is not required to collect sales taxes on purchases made by mail order, Internet, telephone, etc. The obligation to pay sales tax is determined by the location of the buyer, not the seller. If a business does not have a physical presence in a particular state, such as a store or warehouse, it is not required to collect sales tax for sales from customers in that state. In legal speak, this connection between sales and location is referred to as a "nexus" and was established by the U.S. Supreme Court in Quill v. North Dakota, 504 U.S. 298 (1992).

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Friend,I'm not a tax expert,But my experience is as a motel owner in NC anytime I order products for the motels
I am charged shipping only.
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