Local taxes in the USA - tourist regulations

Discussion in 'Digital Photography' started by Derek Fountain, Feb 21, 2005.

  1. Well, he seems to be ignoring Supreme Court precedent that basically
    does not allow states to enforce tariffs/penalties on goods imported
    from other states.

    You do have to pay sales tax on certain items bought out of state - but
    only in order to receive proper licensing of those items. So, cars,
    boats and other items must have sales tax paid to your state of
    residence before you can legally use them. The registration is the only
    method of enforcing the sales tax on out of state items as far as I
    know. The Supreme Court threw out tax stamps and all other schemes a
    while back.
    Brian C. Baird, Feb 21, 2005
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  2. Derek Fountain

    Larry Guest

    There hasn't been any issue LATELY but a few years ago Connecticut State Law
    Enforcement was sitting at the side of the road stopping people who had been
    observered purchasing items just across the border.

    I dont know ALL the details, but mostly they were stopping people who shopped
    this way on a regular basis, and had not declered PREVIOUS purchases.

    As for "probable cause" I dont know what the Police used for justification,
    and since the last time it was on the news, Rhode Island has changed its tax
    structure enough so I guess there is no advantage any longer.

    I truly think the whole thing was STAGED for the TV news media, so people
    would be aware of the law. BUT (and its a big BUT) They did do it, and they
    CAN do it, any time you try to avoid paying state taxes. It IS the law,
    though it is not always enforced.

    This all took place in Connecticut several (maybe as much as 10) years ago.
    Im sure a check with Channel 8 New Haven, Channel 3 Hartford, or Channel 30
    (where ever it is lacated) would come up with specifics, it was ALL OVER the
    news at the time, which is why I remember it.

    For myself, the details are un-important, as most of my out of state shopping
    is done on-line, and I pay whatever taxes are charged and dont worry about
    it. However it would be untrue and unfair to say the states dont persue it,
    because, from time to time, they do.
    Larry, Feb 21, 2005
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  3. Derek Fountain

    Larry Guest

    Not ignoring it, just didn't know...Since I have no problem paying taxes when
    taxes are due, I dont follow these things very closely. Unless that court
    decision made the front page on one of the FEW days I actually read the
    paper, it would be easy for me to not be aware of it.

    I was simply trying to [oint out to the OP that the states do NOT easily
    forgive "Sales/Use" tax. They will collect it any way they can.

    If you see my earlier post, this all took place years ago, perhaps before the
    SC decision...
    Larry, Feb 21, 2005
    Andrew Koenig, Feb 21, 2005
  5. *AND* , it only applies to _outbound_ travelers.
    If the OP wants to use the camera on the trip, this is not an option.
    (Unless, the camera is purchased in the embarkation airport.)

    Allodoxaphobia, Feb 21, 2005
  6. I'm trying to find the case. Basically it falls under the commerce
    clause not allowing tariffs on goods imported from another state, if I
    remember correctly.
    Brian C. Baird, Feb 21, 2005
  7. Derek Fountain

    Ken Tough Guest

    And if your credit card is not issued in the US, you can forget it.
    Ken Tough, Feb 21, 2005
    Brian C. Baird, Feb 21, 2005
  9. I did some exhaustive research into this and found...

    The most the Connecticut State Trooper could do is hand out the tax
    forms and remind the citizens of their civic duty to pay Connecticut
    State sales & use tax on the items they just bought.

    Most states don't even bother with that any more. UPS and the internet
    have become the bane of state sales taxes.
    Brian C. Baird, Feb 21, 2005
  10. That is why many states have a Sales _and Use_ tax. The Use tax will
    get you. The Supreme Court has made a number of finding that one state
    can't require a vendor with no presence in that state to collect tax or (I
    believe) report such sales. This whole thing is currently subject to change
    due to the internet. However I don't know of any Supreme Court case that
    prohibits a state from collecting a USE tax on personal property not
    purchased in the home state and used for the first time in that state.
    Joseph Meehan, Feb 21, 2005
  11. Derek Fountain

    Larry Guest

    I agree, OTOH they do still collect state sales tax from a non-exempt buyer,
    regardless of what country he comes from, and THAT is what started the thread
    (I think).

    I was simply trying to demonstrate that states (at least my home state) go to
    some extremes to collect the sales tax.
    Larry, Feb 21, 2005
  12. You are correct sir, and mirror the statements I made in another post
    after "digging" into the pile of exre...er, precedent that is US law.
    Brian C. Baird, Feb 21, 2005
  13. Yeah, we know Connecticut is nuts.
    Brian C. Baird, Feb 21, 2005
  14. Derek Fountain

    Larry Guest

    Nuts doesn't cover it... but thats for another forum.

    You just observe it I have to LIVE it.
    Larry, Feb 21, 2005
  15. Well, I have to drive through it occasionally.
    Brian C. Baird, Feb 22, 2005
  16. Derek Fountain

    Larry Guest

    If you go on route 95 you probably pass within 100 ft. of my house..

    Maybe farther than that, I never was any good at finding the missing side of
    a triangle...

    Im 75 ft. ABOVE the highway, and about 50 Ft South of the Northbound lane
    (which actually runs east through Connecticut).

    Next time you go by, I'll wave.
    Larry, Feb 22, 2005
  17. I'll let you know the next time I must travel to the Commonwealth of
    Brian C. Baird, Feb 22, 2005
  18. Some states are more aggressive than others -- NY at least used to send
    agents into NJ to track NY license plates at NJ malls, for example, and
    send demand letters to NY residents. Some states also track US Customs
    declarations from overseas travellers.

    While the states can't make retailers in other states collect *sales*
    tax, they can and do impose "use tax" on goods brought in from other
    states, or from overseas. (Some states also track customs declarations
    data for big-ticket use tax evasion, for example.) The big difference
    for the states is the collection process -- retailers collect sales tax,
    but consumers have to report and pay their own use taxes.

    What states with high sales and use taxes really want is to force mail
    order and internet retailers to collect taxes for them at the point of
    sale. That's what the Supreme Court has consistently rejected, not
    because the consumers don't owe the tax, but because the retailers aren't
    in the taxing jurisdiction and aren't subject to its laws.
    Joshua Putnam, Feb 22, 2005
  19. Quill and Lands End are two of the big direct-mail companies whose
    resistance to sales tax collection has made it up to the Supreme Court if
    I remember correctly. California has tried any number of times to impose
    its tax collection burden on retailers in other states.
    Joshua Putnam, Feb 22, 2005
  20. Derek Fountain

    RSD99 Guest

    "Joshua Putnam" posted:
    California has tried any number of times to impose
    its tax collection burden on retailers in other states.

    And been 100% successful.

    Some advice ... don't mess with that entity known as "California State
    Board of Equalization" ... they'll get you every time (and, they can be
    rather MEAN about it).
    RSD99, Feb 22, 2005
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