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"If you live in New Jersey" Topic


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Comments or corrections?

Personal logo StoneMtnMinis Supporting Member of TMP15 Mar 2018 10:59 a.m. PST

If you live in New Jersey and purchase miniatures online, it appears that you may be paying more. It is my understanding the new govenor plans to have a new tax on online purchases.

If you live in New Jersey can you add any more information regarding the proposed tax? Do you know what this tax rate will be?

Dave

nnascati Supporting Member of TMP15 Mar 2018 11:05 a.m. PST

I am in New Jersey. The only time I pay pay tax on minis purchased online, is when I buy from Brigade Games which is located in NJ.

dandiggler15 Mar 2018 11:07 a.m. PST

Just closing the loophole where out of state online retailers don't have to collect sales tax. It's been self reported via tax returns for many years, with the only enforcement that I've seen through Amazon. So like many other states, expect the sales tax to be collected up front when ordering out of state. The sales tax will be back at 7%, not that I ever saw a difference with the 6.875% sales tax.

TheWhiteDog15 Mar 2018 11:35 a.m. PST

I'm not sure I'd call the Commerce Clause a loophole. I suspect that the recent Supreme Court case will have some bearing on whether the New Jersey law is constitutional.

The view on a lack of physical presence causing undue burden will have some long-reaching effects, depending on how it is decided.

Personal logo StoneMtnMinis Supporting Member of TMP15 Mar 2018 12:30 p.m. PST

Question – What if "physical presence" is construed(or stretched) to include have a manufacturers product available in a retail store? Even when the store is not directly owned by the manufacturer?

Any tax lawyers want to comment?

Dave

Dynaman878915 Mar 2018 3:35 p.m. PST

It has to be something the owner controls. A retailer selling your stuff does not count as a physical presence. I'm not a lawyer, yada yada yada

Vigilant16 Mar 2018 6:05 a.m. PST

Can't comment on US law, but in the UK a retailer would not constitute a presence (we would call it belonging) under VAT which is the nearest we have to your sales taxes. As Dynaman says there has to be control. It sounds like what is happening is that New Jersey is taking action to protect its own businesses against unfair competition – having to pay tax on goods it sells within the State which businesses outside the State can sell without tax. We have the same rules for purchases from businesses outside the EU (presumably this will be on all purchases from outside the UK after Brexit).

14Bore17 Mar 2018 11:41 a.m. PST

You don't get to fill your own vehicle with gas

Dynaman878917 Mar 2018 11:48 a.m. PST

Let me rephrase that one.

You don't have to get out in the freezing cold to fill your own vehicle with gas.

That is one of the perks of living in the state.

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