Any telecommuting fpDevelopers watching this?

CDAY gliderman.one at verizon.net
Wed Mar 30 11:35:46 PST 2005


Jean-Pierre A. Radley wrote:
> Ken Brody propounded (on Wed, Mar 30, 2005 at 09:25:23AM -0500):
> | Quoting Walter Vaughan (Wed, 30 Mar 2005 07:20:46 -0500):
> | 
> | > Seems the state of New York thinks that it has nexis[0] if you remotely
> | > perform work  for a company located in NY. While at first glance this is
> | > a reasonable request of the state, it's probably apply to independent
> | > contractors soon.
> | >
> | >
> | http://yro.slashdot.org/yro/05/03/29/2347245.shtml?tid=98&tid=123&tid=103&tid=17
> | 
> | As a New Yorker, I'm not surprised at this.  Last year the state said
> | you have to pay New York sales tax on items bought outside of the state
> | but used within the state.  (And not just things bought through the mail,
> | but everything.  If you go on vacation and buy something and bring it back
> | to New York, you need to pay New York sales tax.)
> 
> Whaddya mean "last year"?  It has *always* been a Sales and Use Tax.
> If you buy something not meant for resale, meaning you buy it as its
> ultimate user, New York has always expected that the merchant collected
> and remitted the Sales Tax, if that merchant was in New York, else that
> the buyer himself owed the equivalent Use Tax..
> 
> I imagine that New York (or any other state with such a Use Tax
> counterpart to its Sales Tax) has been mostly unsuccessful in collecting
> it, with one salient exception: if you buy a car outside of New York,
> you will assuredly remit the Use Tax when you seek to register the
> vehicle.
> 

Don't interstate commerce regulations come in here somewhere? If you are 
forced to pay PA sales tax at time of purchase and NY sales/use tax on 
the same item, there is a hint of restraint of trade by the state of NY, 
esp. interrstate commerce?

Charles Day


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