Quote:
Originally Posted by sisukid1975
I don't think you're getting it. OK, from your second post, I think you are, but you're just not putting the pieces together.
If those companies are collecting FL sales taxes, it is because there is something that puts them within FL jurisdiction. A warehouse, a retail outlet, a business office, who knows? But there is something about those businesses that gives FL jurisdiction. Just like there is something about Apple (The Apple Stores in Madison and Milwaukee, for instance) that gives Wisconsin the jurisdiction to require Apple.com to collect sales tax from me when purchase online. However, it is quite obvious that Amazon has nothing that puts it in WI jurisdiction, since I do not pay WI sales tax on Amazon purchases.
The "...unlimited resources of the state of Florida..." can go to hell. They have no legal means whatsoever to compel a foreign company not in their jurisdiction to pay or collect their taxes. The State of Florida can have 500 lawyers write you 15 letters apiece every day of the week, and you can shred every one, ignore them, and there's nothing they can do about it. They have no authority to do anything about it.
The only thing they can do is file a lawsuit in Federal Court, and wait to lose it just like everyone else before them who tried. So unless the State of Florida has resources so unlimited that they are willing to argue against legal precedent that has been re-affirmed within the last 10 years, if I get anything in the mail from them telling me I have to collect their sales tax, it goes in the trash, which is about all the heed I am required to pay it, since they have no legal means to compel me to anything different.
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NO. I completely get the implications of the office in Florida... What you seem to be missing is the fact that Florida has been able to circumvent the law.
I also live about 10 blocks from the state capitol and keep up with what is going on around here. I am not saying and never have said (unless I mistakenly gave an impression) that the Great State of Florida was legally compelling out of state companies to be their agent to collect sales tax for it. And since I never said anything about Wisconsin policy or law, all of that mumbo jumbo does not apply to this case that is:
Rather the opposite and what I started the [RANT] about....
The State of Florida will either get you to drain your monetary resources with your payments to your lawyer or in the case of you shredding everything they send, will send some of its attorneys to your great state to seek and obtain a local subpoena that will be enforceable... that subpoena will be to get you to provide them with information against tax cheats in Florida. Of course with this subpoena they will send their auditors to insure that the subpoena is completely complied with and your staff will be tied up for months. With all of the brow beating and confrontation MOST large businesses that sell products to residents of Florida look at the bottom line and decide it will cost X dollars to keep screwing with this or we can just put the sales tax compilation field in the order form and mail a check. They are doing it because they know that the subpoenas will be never ending.
I can guarantee that the State of Florida will not be wasting its resources on Supreme Court Cases on this... I can also guarantee that if you are a large company selling large ticket items to Floridians (and shipping them to Florida) that you can count on my great state messing with you until you figure out the math. That is of course unless you want to hire your attorney and pay him to end up in the US Supreme Court to defend your rights and get them to cease and desist. The first area you will have a problem is that they are not trying to legally compel you to comply... however, it might cost you one hell of a lot
less dollars out of pocket if you voluntarily comply and become their agent.
I doubt your soon to be ex-employer will be affected by this so you can rest easily.