I can't speak for everywhere, but in PA and OH the law is that you can
only collect sales tax if you have a permit for the state, and you have
to have a permit if you sell *within* that state. Since the company I
work for has a presence in PA and OH, licenses are required from both,
and we have to collect sales tax for anything shipping to PA or OH
(provided an exemption does not apply - which it usually does).
I can also say from a buyer perspective, and knowing the tax law which
applies, you only have to pay sales tax if the company has a presence in
the state in which you are located in.
For example, if I buy from Radio Shack in TX, I have to pay sales tax
since they have a store presence in PA (IOW, they have a store in PA).
But, if I buy from say AES in OH, they cannot collect sales tax since
they have no presence (hence no license to collect sales tax) in PA.
But, they have to collect tax from any state in which they have a
presence (I think that's about six states).
The fact that someone else may sell the same item in PA is irrelevant.
There was a company who sold from CA into OH, and went to a show each
year for a couple of days. Yes, they had a temporary tax collection
permit. They got nailed on NOT ONLY the tax from on-site sales at that
show, but for every other sale they made that shipped into OH - even
those from CA. It very much hurt their company. The reason? They had a
presence in OH - even for only two days.
> On 4/17/10 3:15 AM, simon wrote:
>> no tax i order from scannermaster no tax unless your in the same state your ordering from...
> FYI, in most states if you purchase an item across state lines if that
> item is available in your state then you must pay Sales or Use tax on
> that item.