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If the government passed a law that stating Internet sales have to collect sales tax and sellers don't what would happen?

Graham, WA |

I read there might be a new requirement for sellers on the INTERNET must collect and pay sales tax on items. If this happens and ALL of the sellers perform a STRIKE and refuse to ask for it and do not act on this law what can happen? I am appalled the government is so hard up for more money they have to act deparately in getting it. Maybe, WE THE PEOPLE and LAWYERS need to STAND UP for the people and make those bureaucrats get a real job so WE THE PEOPLE dont have to keep paying the big Bull S(*&TTER big bucks for pushin paper the wrong way. I still say labor paid Semi Truckers need to lock up the interstates and demand fuel prices drop to 1.25 a gallon and remove the excess politicians from their un needed seats so we can focus on keeping America safe and sound.

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Attorney answers 6

Posted

If you fail to collect and pay taxes that you are legally required to pay, not only will you be liable for the amount of the taxes, but you will face additional penalties and interest for failing to pay on time. The taxing agency/body may issue tax warrants and/or liens against you. If this happens, they will have the ability to pursue collection of the unpaid amounts due. Tools that they may use to collect against you include, but are not limited to garnishment of wages, garnishment of bank accounts, seizure and sale of property, etc... In short, it is probably best to pay your taxes, whether you agree with them or not.

Legal disclaimer: The answer provided: A) is for informational purposes only, B) is not intended to constitute legal advice, C) should not be relied upon in lieu of consultation with an attorney, and, D) does not establish an attorney client relationship. The answer may be different if all of the facts were known.

Asker

Posted

I guess you couldnt see what I was talking about. I said all companies refused. Not just one. DO you think the Government has the manpower to assault all businesses for a few pennies? Wow, when some people leave it to anothers imagination.....some others imaginations are just blank in the wind. Philosophy dude has a better answer. Not just looking at one issue with one person or company. I said....ALL. When you went to college to learn.....did you bother to listen or did you just brief what you read or what was said. Peace live love and learn

Samuel Michael Meyler

Samuel Michael Meyler

Posted

Yes, I saw that you were talking about "ALL" sellers on the internet; this doesn't change my opinion. Regardless of whether it is one person, two people or "ALL" sellers who fail to pay their taxes, you would be facing the same potential penalties and liability. Whether or not the Government has the manpower to pursue each person that fails to pay their taxes is a different question. I suspect that they would continue to investigate and charge one citizen at a time, just as they do now.

James H Sutton Jr.

James H Sutton Jr.

Posted

If all remote sellers did failed to comply with the law, then the effect would be .... exactly what it is now. State would not get the use tax on remote sales. The difference would be that the states would start cherry picking remote sellers to make national examples out of. Each of those business would be substantially crippled, if not closed down entirely. Sales and use taxes are extremely dangerous for businesses. I should know, I defend business owners every day for sales and use tax assessment in Florida. The states have an extreme amount of authority to the point that the business owner is guilty until proven innocent. The public does not understand that this proposed law would subject small internet retailers around the country to 45+ states sales tax laws. Imagine a small company going through 45+ state sales tax audits? What company could afford that?!?

Posted

Not sure if there is an internet sales tax in your state, but there are in many states already.

FWIW, setting artificial fuel prices is a socialist approach to economic management that would required additional taxes from somewhere else to make up the subsidy.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

James H Sutton Jr.

James H Sutton Jr.

Posted

there is no "internet sales tax" in any state. There are states that are agressively persuing a use tax collection efforts against remote vendors that may or may not have nexus with the state, but the US supreme court's rule in Quill stands strong again most of the state's challenges unless the companies are physicaly in the state (in one form or another)

Posted

If there is a tax law that someone refuses to follow, then the normal rules are available to the state and to the federal government to enforce collection. If you wish to stage a tax protest lots of luck. You will need more than luck; you will need a miracle.

Posted

I recommend Avalara to my clients to address their sales tax needs.

Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.

Posted

If you want to protest this proposed legislation, then now is the time - not after it is enacted. Write you senators and representatives. Tell them you don't want a law that forces out of state (remote) vendors to have use tax collection responsibilities. It is technically not a sales tax that they are proposing these remote vendors collect, it is a use tax.

Honestly - the taxes are already due. The proposed law just put collection responsibility on remote vendors. The in state purchasers are responsible for remitting the use tax now.

To answer your question - it would not be pretty if vendors decided to ingore the fedeal law in protest. Very likely it would turn into personal liability for the busienss owners. For example, Florida has a 200% penalty imposed on owners, officers, and directors for their company's failure to pay the sales and use tax liabilities of their company. It gets enforced in Florida and the result is never pretty.

Asker

Posted

The taxes are already due? Then you owe me the portion of 250$ an hour for the portion of time it takes me to respond to your message as I am not offering my time for free. You can deposit that in to my pay pal account of smokinjo29@yahoo.com.....thank you very much

Asker

Posted

That would be 20$

Asker

Posted

Now this is my free time. Our government seems to write their own laws wheather we vote on them or not. WE THE PEOPLE left the European area many years ago to get away from the greedy politician or attorney who seems to think its ok when things are not ok TO THE PEOPLE. We need attorneys who support the public. Not attorneys who think its ok to lose a case and expect to get paid for it. No one is obligated to pay another states taxes especially a business that is not in the state in which it resides. If you think what you said is correct then have you paid taxes to another state in which your customer(s) live in? If not .... then you better get your checkbook out and start paying those states the taxes you owe them for doing business with customers in those states. When you go to school to learn your profession.....did you listen to your teachers question? or did you just brief it. When a person answers a question it can be noticed when the answer comes out with out sence or one sided. That is my reason why our states need to focus on lazy attorneys and make a law that say...if you dont win your not entitled to any portion of payment for your work.....it would be like paying a bum to do something constructive before he does it. That suit does not change a person....we all are the same but our thoughts are not. No matter how good an attorney looks, he could have the same mentality as a bum and raise a pen and call it good. Thanks

Posted

If you purchase an item on the internet and the seller does not collect Sales tax, then you are obligated to self report the purchase to the Washington Department of Revenue and pay Use tax. The same rules have always applied if you buy goods in Oregon and bring them back to Washington.

Asker

Posted

Your need to see what you wrote. If you lived in Oregon or another State you are obligated, however, if you dont live there you can be exempt from those taxes because you are not useing the reason for which those taxes are made for. If you do not stand in or are visiting that state you also are not obligated to pay the taxes. That would be like buying a car in Washington State and haveing to pay taxes in 52 states. You really need to think about what you write before you say it. Again you are another attorney who does not put time into answering a question. You are standing on the politicians side in order to help create another avenue for the public to pay. We need to get a law going .... for all attorneys who do not win a case does not get paid. Something similar....the Superbowl...getting the same pay as the winning team.

Henri S Vanderhage

Henri S Vanderhage

Posted

Asker - Please re-read my answer. I'm not saying that you have to pay sales tax to the state of Oregon if you are a Washington resident and travel to Oregon to buy something. I am saying that if you are a resident of Washington and you buy something in another state without paying that state's sales tax (if it has one), you are required to pay Washington State use tax when you bring the item back to Washington. In reality, very few people do this, but that is the current state of the law. You can look it up at Revised Code of Washington 82.12.020. I'm sorry that it is not the answer you want to hear, but that's the way it work. As a technical matter, you are required to pay use tax on goods that you purchase online if you are a Washington resident and the seller does not charge a sales tax. Here's a link to the Washington Department of Revenue page explaining this issue http://dor.wa.gov/content/FindTaxesAndRates/UseTax/ The use tax is the equivalent of the sales tax, but is collected differently. It's the state's way of preventing people from buying goods without paying sales tax. I'm not taking a political position on sales or use taxes, I'm just trying to explain what is the current state of Washington law with respect to out of state retailers that do not collect Washington sales tax. There is a common misconception that internet purchases are not subject to any tax, but the reality is that people choose not to self-report their use tax obligations and it usually isn't worth the state's effort to track them down.

Asker

Posted

DId we vote on this law or was it another law in the RCW that the legislature stuck in there. Like the 5 cent gas tax we said VOTED NO on in the early 2000s and the legislature said, we added it because we have a right to change the decision for the betterment of the public. How viscious can a group of greedy people be? They even raised their own income without the public voting on it. I dont care what RCWs you applied or the DOR issues you brought up. ....or rights as humans are protected by the government molesting us, our earnings as well as our bank accounts for thier own gains. If you didnt know.....Child Support Enforcement Agency (CSEA) receives a huge government grant to pay single mothers money to raise the child. The CSEA invests that money then chases the fathers to get reimbursed for that government grant the State received in which they call THEIR government grant money theirs....like they own it. When WE THE PEOPLE are gone against by the politicians within the governemnt then the govenment is not a government its a company in which is separated from the government which creats a conflict of interest. No one is obligated to pay frivilous taxes in which the State makes. Just like the TOLL booths they put on roads WE THE PEOPLE have already paid for. LIKE our Narrows Bridge tolls keep going up.....why??? TO PAY into a investment bond. Like the Mariners Stadium I will never enter. WE THE PEOPLE said no....but they spent our money on it anyway. I would never support a crying babbling baseball team because they dont have what they want. Maybe if the players (employees) donated a couple million towards the building of their own stadium...I would have more respect in that team. I have none as well as with attorneys who justify frivious taxes in which WE THE PEOPLE did not VOTE IN. Use tax. Then you shoud pay a daily use tax for using that pencil, that chair you sit in, or the ground you use to walk on. Pretty soon we are going to have to pay use tax on the air we breath. or a use tax on the rain because it lands on our ground and we use it to grow our crops. How rediculas can it get....wow. Laws need to have a statute of limitiations of 2 years. Then it needs to get voted on again.

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