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Seller charges sales tax for items shipped to: OH (7.0%).


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#1 Username OFFLINE  

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Posted February 11, 2015 - 11:37 AM

I live in Pa and bought a tractor in Ohio off Ebay.Should I expect to pay a sales tax after driving to Ohio to pick up the tractor based on this sales tax description?



#2 DougT ONLINE  

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Posted February 11, 2015 - 11:59 AM

I believe the way our law is written, if you pick it up here you would have to pay the tax.


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#3 MH81 ONLINE  

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Posted February 11, 2015 - 12:12 PM

:ditto:
You might have a loop hole if you have a 'courier service' pick it up, but then someone may ask to see invoicing from the service if you are ever investigated.

So then you would have to do a lot more paperwork or pay a fine... Either way, probably more than the 7%
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#4 Username OFFLINE  

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Posted February 11, 2015 - 01:09 PM

But I don't know the law and was going by the sellers description of who would be taxed and I did not have any thing shipped to Ohio.I was not led to believe going by the sellers description that I would be taxed for picking up the item and I just wanted to see how others would understand it since I may be a little naive.

 

This is copied from a Pa sellers auction: A 6% sales tax will be charged on anything being picked up here or shipped to anywhere in Pennsylvania and Maryland.



#5 Oldford OFFLINE  

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Posted February 11, 2015 - 02:10 PM

I think it's all states, if you have it shipped out of state, no tax, if you pickup at their location, have to pay state sales tax.


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#6 tater195 ONLINE  

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Posted February 11, 2015 - 02:14 PM

I think this only applies to established retail stores. Garage sales, most craigslist sales, etc are exempt... except for motor vehicles


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#7 olcowhand ONLINE  

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Posted February 11, 2015 - 02:56 PM

If the seller runs as a legit business, documenting all sales to the IRS, then you would have to pay sales tax if you enter the state to pick up the item.


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#8 HANKG ONLINE  

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Posted February 11, 2015 - 03:15 PM

I have never paid sales tax once from a private seller best way to deal if you can.


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#9 Doxey OFFLINE  

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Posted February 11, 2015 - 03:21 PM

I agree with olcowhand


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#10 Username OFFLINE  

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Posted February 11, 2015 - 03:23 PM

Ebay requires you to disclose any costs to the seller so my question is did the buyer disclose that I would be paying taxes on the item.

 

The question is not that should I or should I not have been taxed but rather should I have known that I would have been taxed going by this:

 

Seller charges sales tax for items shipped to: OH (7.0%)

#11 bhts OFFLINE  

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Posted February 11, 2015 - 03:36 PM

You will have to pay sales tax if they collect tax when picking up even if you paid for the tractor with paypal. I have been fighting with ebay for years to get this problem fixed with pickup items. But as of now they don't know how to fix it.

 

 Now the seller should fix his stuff to show any item picked up or shipped in ohio will be charged sales tax.


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#12 Bill 76 OFFLINE  

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Posted February 11, 2015 - 04:28 PM

I agree with olcowhand , your on the hook for the tax.With all the internet sale the past few years the government has been going nuts not getting their cut and almost all states have been trying to pass laws to get what they believe is coming to them.I deal with a local shop and pay cash I get a discount and pay no tax and he gets to write it off as being used in his shop.

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#13 Bolens 1000 ONLINE  

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Posted February 11, 2015 - 04:59 PM

You will have to pay sales tax if they collect tax when picking up even if you paid for the tractor with paypal. I have been fighting with ebay for years to get this problem fixed with pickup items. But as of now they don't know how to fix it.

 

 Now the seller should fix his stuff to show any item picked up or shipped in ohio will be charged sales tax.

 

:ditto:

 

Bob Is right, same for NY as well although we have a cool 8.75% here :wallbanging:


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#14 Lauber1 OFFLINE  

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Posted February 11, 2015 - 05:49 PM

legally you have to pay the tax no matter where it goes or comes from. If the state you got it from didn't collect it, your supposed to pay it to the place you live. Very few people do this and the states don't chase it down very much.


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#15 MH81 ONLINE  

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Posted February 11, 2015 - 06:10 PM

Ebay requires you to disclose any costs to the seller so my question is did the buyer disclose that I would be paying taxes on the item.

The question is not that should I or should I not have been taxed but rather should I have known that I would have been taxed going by this:


Seller charges sales tax for items shipped to: OH (7.0%)

Legally, You are responsible to pay the tax. HOWEVER, you may be able to file a grievance with eBay that they didn't disclose correctly.
If he had said no pickups, all items must be shipped; then the above statement covers... But if he allows for pickup AND didn't specify he would collect... IDK... depends on what side of the fence you're on.

You will have to do one of three things:
Pay the tax and move on, lesson learned- feedback negative for the guy if mad enough.
pay the tax, get your stuff and then file the grievance... Upset the seller after you get it where it's safe but less chance of getting your money back
File the grievance now, get it resolved, but upset the guy while he still has your stuff to mess with

Maybe you could work a deal that because of his not specifying, he will give you a 3.5% discount on the sale, then you pay the 7% of that number and you would be (roughly) meeting in the middle... Also, the law would be unbroken and the tax man would still get his unjust rewards.
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