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Old 24 September 2020, 11:58 PM   #1
marlopez
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California Sales Tax Charged to Other States

I was told by my CA Rolex AD that a law passed where they must charge sales tax to particular states for out of state of purchases. Does anyone know the list of states?
I was told that Arizona and Hawaii are affected, but Texas is not.

I did some research and read about a case, South Dakota vs. Wayfair which set the precedent. But I couldn’t find the list of states that are affected., but Texas is not.


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Old 25 September 2020, 02:00 AM   #2
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https://taxfoundation.org/2020-sales-taxes/
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Old 26 September 2020, 01:05 AM   #3
marlopez
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Did I miss the list?


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Old 26 September 2020, 01:19 AM   #4
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Is it a chain or independent dealer? Larger companies have stricter policies on this issue.

If the dealer has an established nexus in the recipient’s state, they are responsible.

https://www.salestaxinstitute.com/re...er-nexus-chart
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Old 26 September 2020, 02:04 AM   #5
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Quote:
Originally Posted by marlopez View Post
. . .

I did some research and read about a case, South Dakota vs. Wayfair which set the precedent. But I couldn’t find the list of states that are affected., but Texas is not.
If your AD does not have an active presence/business tie (nexus) in a state above a certain threshold, they are not obligated to collect that states sales tax. You are expected to report and pay those taxes yourself.

Texas is not exempt, so it is likely that the AD was only speaking for themselves as a business.
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Old 26 September 2020, 07:19 AM   #6
marlopez
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Quote:
Originally Posted by Tools View Post
If your AD does not have an active presence/business tie (nexus) in a state above a certain threshold, they are not obligated to collect that states sales tax. You are expected to report and pay those taxes yourself.

Texas is not exempt, so it is likely that the AD was only speaking for themselves as a business.

Got it. Thank you


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Old 26 September 2020, 08:29 AM   #7
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The "nexus" was legally determined to be a sales threshold, not necessarily a brick and mortar location.
So each state can set a different standard for how much sales to their state would require the collection of sales tax.
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Old 26 September 2020, 08:57 AM   #8
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Sounds like a tax shakedown to me
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Old 26 September 2020, 09:07 AM   #9
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Sounds like a tax shakedown to me
Those who are now paying think so.

My state has a sales tax on autos, the state next door didn't charge sales tax on cars that were leaving the state.

Folks would drive to the next state to buy their cars tax-free. The laws were changed so that proof of tax was needed for new registrations in my state. Now you can buy your shiny new car anywhere, but you can't avoid the tax when you register.

Like most things, people abuse a system until it begins to snowball. It's massive non-taxed Internet sales that have resulted in the Wayfair decision.
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