NDFarmer wrote:natsb88 wrote:NDFarmer wrote:In the state of North Dakota there is NO sales tax on coins. But when someone wins one of my auctions FeeBay is charging them sales tax. I wonder if the tax collected ever gets to North Dakota or if it just goes in FeeBay's pocket.
With Marketplace Facilitator sales tax laws, it's all based on the location of the buyer. If the buyer lives in a state that has passed a Marketplace Facilitator law, and the item is in a taxable category, eBay is required to collect sales tax from the buyer and remit it to the buyer's state. The seller's location doesn't matter.
O.K. then if that is the case that the sales tax is based on where the BUYER lives then why am I being charged sales tax on the coins I buy? Because in North Dakota there is NO sales tax on coins.
In ND there is no sales tax on legal tender coins or .999 fine gold, silver, platinum, or palladium bullion items.
Bullion below .999 purity, non-legal tender coins, copper, processed items (colorized coins, precious metal statues, etc.), copper, numismatic coins, and accessory items ARE subject to ND sales tax.
So given that many of these different items are listed within the same categories and subcategories, eBay does not have a great way to distinguish taxable coins from non-taxable coins at this time, and is probably erring on the side of covering their butts and not exempting any coins categories for ND.
They have been working to implement category specific exemptions by state, but complicated rules like ND's coin rules require better categorization/sorting of listings, and maybe something like requiring item-specific details (metal, purity, face value) to be filled in to potentially qualify for exemption.
eBay is well aware that sales are down because of these marketplace facilitator tax laws and it's in their best interest to implement as many exemptions as they can while remaining compliant, but it's going to take time. I think we are at or over 40 states now that have passed some form of remote sales tax legislation in the last couple years and they all have different exempt items. If I had to guess, I'd say eBay may prioritize implementing exemption categories according to the sales volume to each state.
eBay did implement a system for tax exempt buyers to upload documents to get tax exempt status for buying on eBay. If you have a tax license or retail certificate or something like that for your state, that might be an option.