Sales Tax
Internet Tax Freedom Act (ITFA).
To be clear, the Internet Tax Freedom Act (ITFA), which was
signed into law on October 21, 1998, does not, as some have
asserted, preclude sales and use taxes on any and all commerce
conducted over the Internet. State and local governments are
allowed to impose sales and use taxes on all such electronic
sales, provided that the tax (and its rate) are the same as
that which would be imposed on the transactions if they were
conducted in a more traditional manner, such as over the phone
or through mail order.
The IFTA is intended to prevent any jurisdiction from
imposing special taxes on Internet transactions, other than
such taxes that a jurisdiction already has the ability to
impose (e.g., sales tax; see below). The ITFA was able to
prevent the imposition of any such taxes through October 21,
2001. At this time the fate of sales tax on the Internet is
unknown and could change at any time which could affect your
order.
Taxation rules used by mail-order companies.
Currently, most e-commerce companies use the same taxation
rules used by mail-order companies, which are based on
constitutional guidelines for interstate commerce. Generally
this means that states can only require companies to collect
sales tax in states where they have business operations, and
as a result, a company will not collect sales tax in states
where they have no business operations. If someone were to
order something from one of our catalogs, that person would
only be charged sales tax if he or she lived in a state where
our company has physical operations. Example: If a person in
Wyoming ordered something, our company would not be required
to collect sales tax because it has no business operations in
Wyoming.
State and local government sales tax rules.
The ITFA also prohibits state and local governments from
imposing taxes on Internet access charges, protects against
the imposition of new tax liability for consumers and vendors
involved in commercial transactions over the Internet, and
creates a temporary commission to study taxation of Internet
commerce and to report back to Congress in 18 months on
whether the Internet ought to be taxed and, if so, how taxes
can be applied without subjecting the Internet and electronic
commerce to special, discriminatory, or multiple taxation.
Although the 18 months have already passed, this commission
has still not reached any conclusions for Congress to act on.
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