Sales Tax @ National ?

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Posted By: Bill Stone

Is sales tax charged on cards bought/sold at the National event? If so is it generally passed on to the buyer or does the Seller absorb it?

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Posted By: leon

Tax is not usually charged on cards. I have been charged it a few times though. That is my experience. I won't even go into the legalities. I hope if they charge it they pay the state. I do know it's illegal to charge it and not report it and pay it (as a merchant)....regards

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Posted By: Dave G

Actually Sales tax is due on all items sold at card shows...if the dealer does not collect (note collect - NOT charge) it then they are breaking the law anyway, but as Leon says generally they do not collect it and absorb the cost.......one still has to report customer sales and pay the due sales tax to the state anyway..........

I've lost sales at some shows collecting sales tax since some people just wont pay it....makes it tough for us legitimate dealers.

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Posted By: leon

My mistake and you are correct. Taxes are collected not charged. I collect aound 10k a month in state sales tax and believe me...the State Comptroller is no fun to mess with....they want their money...and it is theirs, we just collect it for them...and then in Texas, if we pay on time (actually a day early) we get 3/4 of a percent for doing it.......take care

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Posted By: boxingcardman

We negotiated a price that I thought was a flat price including the sales tax then he slaps the tax on it. I will not buy from that dealer ever again.

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Posted By: peter chao

You need to charge sales tax, otherwise the dealer needs to pay. The only time you do not charge a sales tax is when a customer has a resale license. Then they are planning to sale to somebody else and the new customer pays the tax.

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Posted By: B.C.Daniels

if you do not have a business license you are not subject to the laws of collecting use tax and there are tons of "businesses" who dispute/file/contest and have gone to court to to challenge(and won!)dispute any alleged requirement to have the business license.

BcD

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Posted By: Andy

"Actually Sales tax is due on all items sold at card shows...if the dealer does not collect (note collect - NOT charge) it then they are breaking the law anyway"

It was my understanding that the law doesn't have anything to do with actually collecting the tax from a customer (or charging it for that matter), rather it requires a seller to pay the state what they are due. So not collecting it from the buyer isn't breaking any law at all. The government could care less if you (the seller) are paying the tax out of your own pocket, or if you pass it on to the customer and collect it from them. They just want you (the seller) to pay your liabiliy when it's due.

Of course, if you do collect it from a customer and then don't pass it on to the government, then that's breaking the law, but that wasn't what I am questioning here.



Thanks,

Andy

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Posted By: Dave Hornish

When I was a weekend warrior back in the late 80's, my partner and I put a little sign in the showcase which stated "All prices include sales tax." We also paid NY state sales tax on a quarterly basis. Basically we viewed it a CODB. As inspectors often visited shows back then, we never had a problem although some other dealers certainly did.

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Posted By: Silver King

In California, people are given two days to sell items without having to get a permit and/or collect the tax. This was set up for people who wanted to have garage sales or make sales at flea markets. The law was generally the same for people traveling from out of state; however, some shows and events require that every seller who is going to make retail sales in CA to get a permit and collect tax. In other words, you couldn't sell at the event if you didn't have a permit in hand no matter where you were from.

As far as tax being due, the State (at least CA) wants their money and they prefer to get it from the retailer. If the retailer doesn't collect the sales tax, the buyer is still obligated to pay the use tax. This is the law with everything purchased on the internet and eBay....although it's almost impossible to enforce.

And finally, it is completely legal for a retailer to include sales tax in the item. The only requirement in California is that a sign must be posted and visible. The retailer is still required to submit the tax to the State.