08-02-2011, 02:49 PM | #1 | ||
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E-books Exempt from New York Sales Tax
http://blogs.forbes.com/peterjreilly...ork-sales-tax/
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08-02-2011, 03:02 PM | #2 |
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Since I started buying e-books last October, none of the online bookstores has ever charged me NY sales tax on an e-book, though they do charge such sales tax on paper books shipped to me.
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08-02-2011, 03:22 PM | #3 | |
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Not printable and not viewable on a computer does sound like Apple. |
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08-02-2011, 03:42 PM | #4 | |
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But, I also expect iBooks in OS X by Xmas. |
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08-02-2011, 06:36 PM | #5 |
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I'm somewhat surprised that a state chose to NOT tax something.
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08-02-2011, 07:28 PM | #6 |
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It's not a recent change, just an interpretation of tax codes that have been in place for years. If no physical object changes hands, generally speaking, it's not taxable. (California is the same way, or was when I was doing business, at least).
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08-02-2011, 09:48 PM | #7 |
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Even if there was a tangible object being sold, I thought they would only have to charge NY tax if they had a physical presence located in NY state. Unless there's some special aspect to the situation - I have a vague recollection that Amazon had to charge tax on DTBs because of having affiliates in NY, but it doesn't seem like a niche publisher selling books off their own website in California would have that problem. If it's Apple, the situation is a lot clearer.
Last edited by wayrad; 08-02-2011 at 09:50 PM. |
08-03-2011, 02:35 AM | #8 |
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That is a whole different issue, currently working its way through the courts between Amazon and New York state. This wasn't over whether a company has to collect sales tax at all, but rather over whether or not a specific category of product is taxable even if you buy it in a local store.
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08-03-2011, 04:00 AM | #9 |
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This is a curious anomaly. An eBook is something that has value, whether it's "tangible" or not, so surely it should be taxed. Are music downloads similarly exempt from tax?
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08-03-2011, 05:32 AM | #10 |
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I believe so...I've never paid any tax on my music..unless it's built into the .99 price and I didn't know that.
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08-03-2011, 07:16 AM | #11 | |
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08-03-2011, 07:36 AM | #12 | |
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Last edited by wayrad; 08-03-2011 at 07:45 AM. |
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08-03-2011, 12:51 PM | #13 | ||
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it is curious, and varies from state to state here. Apple mentions it in their T&C: Quote:
And our company does not charge sales tax on digital files we send to clients, but do for printed materials/physical items, even the exact same printed version of the digital file. This is a separate issue than the whole in-state/out-of-state state tax/use tax thing, as taustin notes-the no sales tax between states has been around forever-the digital thing is relatively new, and I believe was supposed to be just a short term break to give digital commerce a boost. But wayrad, yeah, I do see your point-they must also have a presence there, so maybe it isn't quite so separate! Last edited by kjk; 08-03-2011 at 12:54 PM. |
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08-03-2011, 02:48 PM | #14 | |
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This is why the Surpeme Court has ruled (many, many years ago) that out of state businesses cannot be forced to act as tax collectors for the state. It's impossible to track it all, as there are literally thousands of tax distircts in the US, and many of them have variable and contradictory classifications for different kinds of goods and services. |
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08-03-2011, 02:52 PM | #15 |
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Which can confuse the issue even further, as in most states, retailers are required to pay sales tax, but are not required to collect it. Which is to say, it can be included in the listed price, if the retailer chooses. (Most don't, because they want their customers to know how much they're paying in taxes on their purchase, but in some circumstances, like interstate online commerce, it's too much trouble to bother.)
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