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NY State Now Requires Reporting Sales Tax On Internet Sales On State Income Tax

NY State Now Requires Reporting Sales Tax On Internet Sales On State Income Tax

 
Old 02-01-04, 05:14 PM
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NY State Now Requires Reporting Sales Tax On Internet Sales On State Income Tax

Per the Journal News Newspaper:

N.Y. has new tax surprise on sales
By GLENN BLAIN
THE JOURNAL NEWS
(Original publication: February 1, 2004)
If you did a lot of shopping over the Internet or bought goods outside of New York state during the past year, be prepared to pay more in state taxes when you file your return.
Thanks to the 2003-04 budget adopted by the state Legislature, New Yorkers must now declare all purchases made during the year that were not taxed by the state. The list includes online purchases, mail-order buys and goods bought outside of New York.
"If you go to Florida and you buy a T-shirt and you bring it back to New York, as a New York state resident, you are supposed to pay New York state tax on it because you use it in New York, but you get a credit for the Florida tax you paid," said Joseph DiBenedetto, an accounting professor at Pace University and an accountant with Steinfink, Napoleon & DiBenedetto in Elmsford. "This is ridiculous, it really is."
The state has done practically nothing to publicize the move. But there, on line 56 of the New York state tax form, is an entry for taxes on out-of-state goods.
Because most people have only just begun to compute their taxes for the year, the new line item has yet to generate much feedback. However, accountants recently said they are preparing for a blitz of questions and complaints once clients realize what's now required.
"This is a tax that people are going to have to pay that they have never really paid before," said Frank A. Pellegrino, 54, a partner in Pellegrino and Sherwin LLP in Hawthorne. "We haven't heard the complaints yet, but I am sure we will. It is a matter of when, not if."
Technically, New Yorkers have long been responsible for giving the state any sales or use tax that was not computed at the time they bought an item. Nobody seemed to take notice, however, until the advent of e-commerce and lawmakers realized that millions, perhaps billions, of dollars in possible tax revenue was being lost each year.
So with the state in an enormous budget crisis, the Legislature last year saw a chance to generate much-needed revenue.
"These are taxes that should be paid," said state Sen. Nicholas Spano, R-Yonkers. "They are just, right now, uncollected."
The state's 2003-04 budget, which was put in place by the Legislature after overriding the vetoes of Gov. George Pataki, created the new line item on the tax form. The form and accompanying booklet give New Yorkers multiple options to compute the amount:
Declare no purchases of non-taxed items and list zero as the amount;
Itemize purchased goods and compute the tax owed using the instructions given; or
Estimate the amount using an accompanying chart that is based on adjusted gross income.
Under the income chart, a person who earned between $50,001 and $75,000 in gross income would pay $34 in estimated sales tax. For a person who earned $75,001 to $100,000, the amount is $43.
"I think it is going to be a problem for both the people who are filing returns and the professional preparers," said DiBenedetto, who is sending a memo to his staff to make sure that they inform their clients about the new requirement.
"If you answer that you owe no tax and you do owe tax, you have effectively perjured yourself."
Spano said lawmakers realized that the new requirement could inconvenience tax filers, but they hope that it will eventually prompt the federal government to adopt a national system for collecting sales taxes on the Internet and other out-of-state purchases.
The Legislature's budget estimated a $25 million increase in revenue during the current fiscal year because of the new requirement. The fiscal year ends April 1.
Pataki administration officials, however, are less optimistic, saying they are not counting on any added revenue from the change. They believe many people will ignore the new line item and any money that does come in, will do so after the fiscal year ends.
They also made it clear that the Legislature enacted this change despite Pataki's vetoes.
"We are getting calls that say 'Where did this come from?' or 'Why are you doing this?' " said Michael Bucci, a spokesman for the state Department of Taxation and Finance. "The bottom line is, we were forced by law to do this."
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Old 02-01-04, 05:24 PM
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Internet? What's that? I don't understand....



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Old 02-01-04, 05:42 PM
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Good luck enforcing it.
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Old 02-01-04, 05:46 PM
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Yeah, but they are going to have a table to estimate it based on their "research." A family making $50 to 75k would be assessed $34.

Per one accountant, filling in zero is probably going to be a red flag for audit. It's almost like an extra tax being levied that you're damned if you do and damned if you don't.
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Old 02-01-04, 05:50 PM
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Originally posted by speedy1961
Good luck enforcing it.
if you are buying things online, you are most likely paying for it by CC.
it would be extraordinarily easy to pull up CC accounts and determine which charges are online charges.

sneaky. very sneaky.

i want out of this POS state.
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Old 02-01-04, 09:51 PM
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i'm not paying tax on the stuff i buy online, i'll go broke ;(
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Old 02-01-04, 10:11 PM
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"If you go to Florida and you buy a T-shirt and you bring it back to New York, as a New York state resident, you are supposed to pay New York state tax on it because you use it in New York, but you get a credit for the Florida tax you paid,"

This is lunacy... pure lunacy.

I hope this falls apart for NY before this spreads to other states.
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Old 02-01-04, 10:15 PM
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There is already technically liability to do this in many states -- it's just not well-known or enforced.
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Old 02-01-04, 10:35 PM
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I just did my taxes for CA the other night and they had this too... too bad I didnt buy anything on the internet, at least that I can remember or want to rememebr.
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Old 02-01-04, 10:49 PM
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I'll claim the estimated amount as a 0 will really be a red flag.
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Old 02-01-04, 10:52 PM
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Originally posted by Trinitron
There is already technically liability to do this in many states -- it's just not well-known or enforced.
I remember back when I lives in Massachusetts (at least 10 years ago), if you bought a car in New Hampshire (where there is no sales tax) and registered in in MA within 6 months of purchase, you had to pay the sale tax to MA.
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Old 02-02-04, 12:32 AM
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"If you answer that you owe no tax and you do owe tax, you have effectively perjured yourself."
Define "do".

What a great week- talks about "entertainment" tax on sporting events, charging to use the highway, now this. All a week after my county has talked about raising sales tax...again. Albany can go pound salt.
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Old 02-02-04, 01:00 AM
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NC has had this in place for years. Does anyone ever pay it? NO! Do I know anyone who has been audited for it? NO!
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Old 02-02-04, 02:05 AM
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Ohio has the "use" tax law, or something to that effect.
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Old 02-02-04, 08:02 AM
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They asked me last year how much I bought online when filling out my forms. I guess it is going on here in KY as well.
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Old 02-02-04, 08:09 AM
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Move down here to Florida. No state tax.
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Old 02-02-04, 09:00 AM
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Wow, this blows.
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Old 02-02-04, 01:50 PM
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Utah tries to do this too, but it doesn't work.

Just ignore it!
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Old 02-02-04, 01:54 PM
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They can't audit everyone!

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