boberic wrote:
If you buy it in a state tax state, you must pay the sales tax, regardless to where it is shipped. If you BUY it in a tax free state- no sales tax. Regardless to where it is shipped. Whbat counts is the oplace where the item is bought. So if its a signifigant $ item wait till you get back to NH before you buy the item.AS the sales gtax in NY City is 8 3/4 % a 4 or 5 grand purchace you are lookinjg at a tax of 400+ bucks.
This is incorrect. Use tax for shipped items is, and always has been, based on destination, not place of purchase.
There are two taxes - a sales tax and a use tax, and the use tax has two versions - consumer use tax and seller use tax.
These taxes are usually equal and levied based on the location of residence, or where the merchandise will be used. There is still one loophole that some can exploit to their advantage, and that is if you reside in a county or city/town where there is a higher sales/use tax and you have it shipped to a friend where the local taxes are lower, the likelihood you will get caught for tax evasion is low. No matter what - you are obligated to either pay local sales tax or local use tax, and not doing so can get ugly if you are caught.
https://www.investopedia.com/terms/u/use-tax.aspThis, from 2015,
https://www.avalara.com/us/en/blog/2015/04/do-you-know-the-difference-between-sales-tax-and-use-tax.htmlexplains how use tax used to work, but in light of the South Dakota vs Wayfair decision, the Supreme Court has now made it possible for a state to obligate an out of state seller to register to sell product in their state, and by doing so, obligate to report sales and collect sales tax for sales in it's state, under the concept of
Economic Nexus. States must develop their own rules, guided by the SCOTUS decision, and test for constitutionality. I think that the present, there are 30 states that currently have Economic Nexus laws on their books.
This is how it breaks down when it comes to purchases:
1. Face to face purchase and pickup - like a retail purchase in a brick and mortar store - local
sales tax prevails.
2. Face to face purchase and shipped -
use tax at shipping destination prevails, and legally must be paid - either collected at the vendor and remitted to the destination's taxing authority or self-reported and paid by the purchaser at destination. The
use tax also applies to in-state purchases where there are different tax rates in different locations. These rules usually have a threshold for value and volume. If a small store sells 10 items with a total value of $1,000, it is likely that it won't reach the minimum threshold for Economic Nexus. However, a place like Amazon or B & H may sell hundreds of thousands of dollars in merchandise, and do this to hundreds of thousands of consumers in a given state, clearly crossing most thresholds.
3. If you buy something in one of the 5 states that has no sales or use tax and have it shipped to a state that has a local
use tax, you are obligated to pay the
use tax, and with the new rules, the vendor is obligated to collect and remit the tax.
If you purchase something in NYC, the local tax is
8.875%, not 8.5%. If it is shipped to Alaska, Montana, New Hampshire, Oregon or Delaware, the store in NYC has no obligation to collect use tax. But if you have it shipped to any other place where there is a sales/use tax, the store can (and should) collect the use tax based on residence, which is usually the address on the credit/debit card, though they might be able to make an argument for collecting the use tax at the shipping destination, regardless of where the residence is.
This is pretty clear and not open to individual interpretation. Nothing you stated in your post is even close to accurate.