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Should I pay sales tax on a USED item??

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Jan 19, 2009, 11:25pm   #1
spacytracy's Avatar
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spacytracy
tattooed cutie ♥
So there is a bag I want to buy on ebay but the seller said it is used and is charging sales tax to my state - CA. That doesn't seem right to me to pay sales tax on a used item. What do you all think??
Jan 19, 2009, 11:36pm   #2
k
karmenzsofia
Member
Are you in CA?
Jan 19, 2009, 11:39pm   #3
l
lilpursekitty
Member
Sales tax just has to do with the tax status of the retailer, it doesn't have to do with whether goods are used or new. For instance, you have to pay tax on vintage clothing and antiques, all used items, if you buy them from retailers who have established a business in your home state. So I think it's kosher to charge tax if your seller is running a business.
Jan 20, 2009, 12:00am   #4
spacytracy's Avatar
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spacytracy
tattooed cutie ♥
yes I am in CA and it does not seem to appear that the seller is running a business, they have a personal, not an ebay store acct but who actually knows.......I am just a bit put off by the extra $30 charge for something used. I know you get charged tax on antique or vintage clothes but that's in a retail shop, this is on ebay!!

As an ebay seller, I never charge sales tax on my auctions whether used or new, I paid it already when I bought the item so why should it get double-dipped on, kwim?
Jan 20, 2009, 12:12am   #5
ValleyO's Avatar
ValleyO
Member
^If it's run as a business (consignment stores, professional ebay sellers, etc.) then it's not uncommon to pay sales tax if the seller resides in the same state as you. If the seller said that tax is added in their item description, you've already agreed to pay it and failure to do so will be breach of contract on your part. If it was not mentioned in the item description, the seller is at fault and you should not be obligated to pay it.
Jan 20, 2009, 1:11am   #6
coachfreak's Avatar
coachfreak
Looking for LVOE
It depends on how they claim income. If they are a business and they are located in your state then they will charge tax.

I wonder if you can ask for their business tax ID to confirm they are an actual business and aren't pocketing the sales tax.
Jan 20, 2009, 1:31am   #7
flychinadoll's Avatar
flychinadoll
Member
Ok, I just paid sales tax on an item. I'm in CA but the seller's location is listed in HI. Could this be? If when I get my item, it is sent from CA then ok, but what if it's sent from HI? Can I ask for the tax back? ~$20.
Jan 20, 2009, 12:19pm   #8
k
karmenzsofia
Member
Originally Posted by coachfreak
It depends on how they claim income. If they are a business and they are located in your state then they will charge tax.

I wonder if you can ask for their business tax ID to confirm they are an actual business and aren't pocketing the sales tax.
ditto
Jan 20, 2009, 7:09pm   #9
lorihmatthews's Avatar
lorihmatthews
A taste for the arts
I went through this once. The seller wanted to charge me sales tax (I'm also in CA) but I was suspicious. I asked her for her business tax ID number and she refused. Then she refunded my money and didn't send me the item. I think she was just trying to scam buyers out of more money without having a legit reason.
Jan 22, 2009, 11:20pm   #10
photomj's Avatar
photomj
Rocker Chic
Originally Posted by spacytracy
yes I am in CA and it does not seem to appear that the seller is running a business, they have a personal, not an ebay store acct but who actually knows.......I am just a bit put off by the extra $30 charge for something used. I know you get charged tax on antique or vintage clothes but that's in a retail shop, this is on ebay!!

As an ebay seller, I never charge sales tax on my auctions whether used or new, I paid it already when I bought the item so why should it get double-dipped on, kwim?
If you sold the same item, 10 times over in your state, you would have to charge sales tax each and every time! It's not about "double dipping" - it's just state law. Whenever people complain to us about sales tax we tell them that we don't "charge" sales tax, we "collect" it for the state!

Sales tax is a weird thing...we're photographers in Florida. If we just "shoot" photos, there is no sales tax. If we shoot photos and provide any sort of product (even if it's only one print) then the whole total is taxable!

It's a headache but I've just gotten used to paying it.
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