Any telecommuting fpDevelopers watching this?

Ron Kracht rkracht at filegate.net
Thu Mar 31 09:10:13 PST 2005


CDAY wrote:

> 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?
>
I haven't run into this in NYS yet but typically you get credit for any
sales tax you can prove you paid in another state.

Ron



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