2018 SCOTUS cases
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Re: 2018 SCOTUS cases
And SCOTUS throws out overbroad MN statute governing what apparel or campaign buttons you can or can’t wear in a polling place, on First Amendment grounds, by 7-2 vote. The statute gave too much discretion to election judges in determining what constituted impermissible advocacy, and had too few standards. Sotomayor and Breyer were the only dissenters.
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Re: 2018 SCOTUS cases
That’s a very interesting dissent...Ivytalk wrote:And SCOTUS throws out overbroad MN statute governing what apparel or campaign buttons you can or can’t wear in a polling place, on First Amendment grounds, by 7-2 vote. The statute gave too much discretion to election judges in determining what constituted impermissible advocacy, and had too few standards. Sotomayor and Breyer were the only dissenters.
Kagan and Ginsburg coming down correctly on the side of liberty .... cats and dogs living together... what is the world coming to?
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Re: 2018 SCOTUS cases
Kagan hasn't been all that bad. Got the Trinity Lutheran and Sports Gambling cases right.
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Re: 2018 SCOTUS cases
Have "Limited Term" printed on their drivers license.Skjellyfetti wrote:And legal permanent residents (green card holders)?
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Re: 2018 SCOTUS cases
Supreme Court lets states force online retailers to collect sales tax
https://www.reuters.com/article/us-usa- ... SKBN1JH23B
https://www.reuters.com/article/us-usa- ... SKBN1JH23B
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Re: 2018 SCOTUS cases
Interesting 5-4 split. Ginsburg joined Kennedy (who wrote the opinion), Alito, Thomas, and Gorsuch in the majority. Roberts joined liberals Kagan, Breyer, and Sotomayor in the dissent.BDKJMU wrote:Supreme Court lets states force online retailers to collect sales tax
https://www.reuters.com/article/us-usa- ... SKBN1JH23B
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Re: 2018 SCOTUS cases
In 1992 SCOTUS said states could only impose sales taxes if a retailer had a physical presence in the state I know the principle of stare decisis isn't forever, but I thought it was suppose to be longer than 26 years?
So if I buy a product located in one of the states with no state or local sales tax (Delaware, Montana, New Hampshire, Oregon) I could have to pay 6% PA sales tax. What kind of bullshit is that..
So if I buy a product located in one of the states with no state or local sales tax (Delaware, Montana, New Hampshire, Oregon) I could have to pay 6% PA sales tax. What kind of bullshit is that..
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Re: 2018 SCOTUS cases
Not sure what's wrong with that. It's not like you drove to Delaware to purchase a tax free item. You purchased it in PA.BDKJMU wrote:In 1992 SCOTUS said states could only impose sales taxes if a retailer had a physical presence in the state I know the principle of stare decisis isn't forever, but I thought it was suppose to be longer than 26 years?
So if I buy a product located in one of the states with no state or local sales tax (Delaware, Montana, New Hampshire, Oregon) I could have to pay 6% PA sales tax. What kind of bullshit is that..
After adding shipping charges to the sales tax, maybe you will support the local brick and mortar store instead.
Re: 2018 SCOTUS cases
What’s your beef?BDKJMU wrote:Supreme Court lets states force online retailers to collect sales tax
https://www.reuters.com/article/us-usa- ... SKBN1JH23B
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Re: 2018 SCOTUS cases
That was also pre-online shopping (at least the way it is today). Our laws should changed with the times - as necessary.BDKJMU wrote:In 1992 SCOTUS said states could only impose sales taxes if a retailer had a physical presence in the state I know the principle of stare decisis isn't forever, but I thought it was suppose to be longer than 26 years?
So if I buy a product located in one of the states with no state or local sales tax (Delaware, Montana, New Hampshire, Oregon) I could have to pay 6% PA sales tax. What kind of bullshit is that..
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Re: 2018 SCOTUS cases
The item sold in the state its located in. If I buy an item online that is located in DE, I purchased it in DE.CAA Flagship wrote:Not sure what's wrong with that. It's not like you drove to Delaware to purchase a tax free item. You purchased it in PA.BDKJMU wrote:In 1992 SCOTUS said states could only impose sales taxes if a retailer had a physical presence in the state I know the principle of stare decisis isn't forever, but I thought it was suppose to be longer than 26 years?
So if I buy a product located in one of the states with no state or local sales tax (Delaware, Montana, New Hampshire, Oregon) I could have to pay 6% PA sales tax. What kind of bullshit is that..
After adding shipping charges to the sales tax, maybe you will support the local brick and mortar store instead.
-The seller handles/processes the sale in DE.
-The seller has to physically take the item, package and mail it from DE.
If the state you purchase an item from online has a sales tax, if you have to pay a sales tax, it makes more sense having to pay the sales tax from the state where the item is purchased from..
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Re: 2018 SCOTUS cases
I just laid it out in the next post after the one you replied to.Ibanez wrote:What’s your beef?BDKJMU wrote:Supreme Court lets states force online retailers to collect sales tax
https://www.reuters.com/article/us-usa- ... SKBN1JH23B
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Re: 2018 SCOTUS cases
You are assuming that sales tax has always been based on where the store is.BDKJMU wrote:The item sold in the state its located in. If I buy an item online that is located in DE, I purchased it in DE.CAA Flagship wrote: Not sure what's wrong with that. It's not like you drove to Delaware to purchase a tax free item. You purchased it in PA.
After adding shipping charges to the sales tax, maybe you will support the local brick and mortar store instead.
-The seller handles/processes the sale in DE.
-The seller has to physically take the item, package and mail it from DE.
If the state you purchase an item from online has a sales tax, if you have to pay a sales tax, it makes more sense having to pay the sales tax from the state where the item is purchased from..
Maybe it is where the consumer executed the purchase.
See the difference?
If a food truck from VA goes into DC and sells 93henfan some shit for lunch, he will likely pay the DC tax because that is where the consumer was during the initiation of the transaction, rather than the VA tax where the truck is based out of.
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Re: 2018 SCOTUS cases
CAA Flagship wrote:You are assuming that sales tax has always been based on where the store is.BDKJMU wrote: The item sold in the state its located in. If I buy an item online that is located in DE, I purchased it in DE.
-The seller handles/processes the sale in DE.
-The seller has to physically take the item, package and mail it from DE.
If the state you purchase an item from online has a sales tax, if you have to pay a sales tax, it makes more sense having to pay the sales tax from the state where the item is purchased from..
Maybe it is where the consumer executed the purchase.
See the difference?
If a food truck from VA goes into DC and sells 93henfan some shit for lunch, he will likely pay the DC tax because that is where the consumer was during the initiation of the transaction, rather than the VA tax where the truck is based out of.
and foreign manufacturers can sell directly to US consumers and collect zero tax
as long as they have no US employees
frequently they higher contracted workers like myself to assist in the proper execution of this loophole
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Re: 2018 SCOTUS cases
In that scenario the product is physically in DC at the point of sale. So DC paying DC sales tax makes sense.CAA Flagship wrote:You are assuming that sales tax has always been based on where the store is.BDKJMU wrote: The item sold in the state its located in. If I buy an item online that is located in DE, I purchased it in DE.
-The seller handles/processes the sale in DE.
-The seller has to physically take the item, package and mail it from DE.
If the state you purchase an item from online has a sales tax, if you have to pay a sales tax, it makes more sense having to pay the sales tax from the state where the item is purchased from..
Maybe it is where the consumer executed the purchase.
See the difference?
If a food truck from VA goes into DC and sells 93henfan some **** for lunch, he will likely pay the DC tax because that is where the consumer was during the initiation of the transaction, rather than the VA tax where the truck is based out of.
Say you have a small business/mom and pop. If they are required to charge sales tax on all online orders for the state they are located in that is pretty simple- they charge their respective state's sales tax, and local sales tax if any.
If they have to charge sales tax for there the buyer is sitting behind a computer, then they have to deal with 45 different state sales taxes, and thousands of local sales taxes (some states have local sales taxes). Not a big deal for a behemoth like Amazon, but that can be a big burden for a small business.
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Re: 2018 SCOTUS cases
Also if a person lives in state A, is say traveling and makes an online order while located in state B, from a business in state C, to be delivered as a gift to a family member in state D, it only makes sense to charge sales tax from the state where the sale was processed (where the item was pulled off the shelf).
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Re: 2018 SCOTUS cases
Technically it's a Use Tax.
It's not a tax on the sale of an item, it's a tax for bringing the item into your home state an using the product.
It's not a tax on the sale of an item, it's a tax for bringing the item into your home state an using the product.
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Re: 2018 SCOTUS cases
Pretty sure someone will come up with an app or program or website that may or may not be integrated into the billing system that has all that info loaded based on the zip code. It really isn't that difficult.BDKJMU wrote:In that scenario the product is physically in DC at the point of sale. So DC paying DC sales tax makes sense.CAA Flagship wrote: You are assuming that sales tax has always been based on where the store is.
Maybe it is where the consumer executed the purchase.
See the difference?
If a food truck from VA goes into DC and sells 93henfan some **** for lunch, he will likely pay the DC tax because that is where the consumer was during the initiation of the transaction, rather than the VA tax where the truck is based out of.
Say you have a small business/mom and pop. If they are required to charge sales tax on all online orders for the state they are located in that is pretty simple- they charge their respective state's sales tax, and local sales tax if any.
If they have to charge sales tax for there the buyer is sitting behind a computer, then they have to deal with 45 different state sales taxes, and thousands of local sales taxes (some states have local sales taxes). Not a big deal for a behemoth like Amazon, but that can be a big burden for a small business.
Now, getting to your point of sale comment, what if you go online and order something from a Delaware company but the product is sitting in a NY warehouse, and that is what is shipped to your PA address? It's easier to settle the issue on where the consumer is, not where the product is at the point of sale.
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Re: 2018 SCOTUS cases
The nature of the web and its “location” is going to make this a mess
Next up- state and federal legislatures to make a steaming pile of sh1t out of it
Next up- state and federal legislatures to make a steaming pile of sh1t out of it
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Re: 2018 SCOTUS cases
Yup. The only thing I don't know is if the tax will be based on billing address or shipping address. Probably should be shipping address otherwise, with paperless billing, credit cards could be set up in no-tax states pretty easily.CID1990 wrote:The nature of the web and its “location” is going to make this a mess
Next up- state and federal legislatures to make a steaming pile of sh1t out of it
Re: 2018 SCOTUS cases
Yeah I didn't see it before I replied.BDKJMU wrote:I just laid it out in the next post after the one you replied to.Ibanez wrote: What’s your beef?
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Re: 2018 SCOTUS cases
F'n Revenue man.Baldy wrote:Technically it's a Use Tax.
It's not a tax on the sale of an item, it's a tax for bringing the item into your home state an using the product.
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Re: 2018 SCOTUS cases
Brick and mortar stores are disadvantaged. Can't have that.Ibanez wrote:F'n Revenue man.Baldy wrote:Technically it's a Use Tax.
It's not a tax on the sale of an item, it's a tax for bringing the item into your home state an using the product.
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Re: 2018 SCOTUS cases
CAA Flagship wrote:Pretty sure someone will come up with an app or program or website that may or may not be integrated into the billing system that has all that info loaded based on the zip code. It really isn't that difficult.BDKJMU wrote: In that scenario the product is physically in DC at the point of sale. So DC paying DC sales tax makes sense.
Say you have a small business/mom and pop. If they are required to charge sales tax on all online orders for the state they are located in that is pretty simple- they charge their respective state's sales tax, and local sales tax if any.
If they have to charge sales tax for there the buyer is sitting behind a computer, then they have to deal with 45 different state sales taxes, and thousands of local sales taxes (some states have local sales taxes). Not a big deal for a behemoth like Amazon, but that can be a big burden for a small business.
Now, getting to your point of sale comment, what if you go online and order something from a Delaware company but the product is sitting in a NY warehouse, and that is what is shipped to your PA address? It's easier to settle the issue on where the consumer is, not where the product is at the point of sale.
What is the easiest solution - charge sales tax based on the destination or vendor location? I think there are good arguments either way. For small companies, even with modern accounting software, collecting and remitting 45 different state sales taxes is burdensome. Then again - thee is modern accounting software that can easily handle this. Companies like Amazon are already collecting sales taxes in multiple states so the burden will really rest on those small-medium companies, especially the ones that are earning closer to the $100k.
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Re: 2018 SCOTUS cases
Btw, show of hands - who here declares the tax from online shopping on their taxes? Hardly anyone maintains all receipts from their online purchases and declares it at the end of the year. This law will shift the burden (rightfully so, IMO) away from the consumer.
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