Quote:
Originally Posted by sisukid1975
I call shenanigans.
This is illegal. If a business does not have any facilities in a state, it is a violation of the establishment clause of the 14th amendment to the US Constitution for a state department of revenue to attempt to force them to collect that state's sales tax.
NATIONAL BELLAS HESS V. DEPARTMENT OF REVENUE, 386 U. S. 753 (1967) -- US Supreme Court Cases from Justia & Oyez
It should not even be happening, and I refuse to believe that major internet retailers don't give a damn, and are afraid to take on the state of Florida.  After all, it's already been done once. So unless FL is looking to overturn Bellas Hess or the 14th amendment... Which isn't bloody damn likely since Bellas Hess was reaffirmed by the US Supreme Court not long ago... |
You can call it BS all you want. Do it again if you desire.
The State of Florida has gotten records from companies in many states and they are forcing them to collect Sales Tax for the State of Florida for all residents (when billing and shipping address are Florida). LL Bean, BassPro, Apple, Dell... the list goes on. Ask me how I know about Dell since they just collected the Sales Tax on the purchase of the shop computer as the Agent for the State of Florida Department of Revenue.
Some of these companies have facilities in Florida but most do not. The companies cave because it is cheaper to just set up the bookkeeping and comply with the request than it is to get involved in the legal wrangle with the unlimited resources of the state.
Maybe it should not be happening but it is. Fact.
Besides, since the tax is legally due and I would have to pay it in any case... I would just as soon pay it with the purchase than try to track it and pay it with a special voucher. It is a bunch of nonsense but I guarantee that the State of Florida is doing it to businesses to force them to collect the tax and many of those businesses that it has brow beaten into being their collection agent have been gifted with subpoenas for big ticket sales to residents of the State of Florida for before they became collection agents so that the State can prosecute people that have dodged the sales tax.
Maybe it should not be happening but it is. Fact.
This might open up a new job for you... you can develop a data base compiler to spit out all of the individuals who might be engaging in illegal non-payment of Sales Tax and sell it to all the companies that would rather just roll over than jump on the NATIONAL BELLAS HESS V. DEPARTMENT OF REVENUE, 386 U. S. 753 (1967) bandwagon.