QUESTION

What is the law regarding charging tax on internet purchases?

Asked on Apr 09th, 2013 on Business Law - New York
More details to this question:
I am creating a website for a client who wants to sell products she made on the internet. She is based in New York and is creating/selling out of her home. Does the site have to charge tax on the purchases?
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1 ANSWER

Bankruptcy Chapter 7 Attorney serving New York, NY at Law Office of Yelena Kalika
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It sounds like your friend is planning to make sales of goods that are subject to sales tax. (In New York sales tax is applied to tangible personal property). If yes, then she must register for sales tax purposes and apply for a Certificate of Authority at least 20 days before she begins her business. Once your friend is registered for sales tax purposes, she is responsible for collecting and remitting any sales taxes to the Tax Department.  She will have to keep detailed records of every transaction and to file sales tax returns. Should your friend engage in business without obtaining a valid Certificate of Authority, she will become subject to penalty up to $10,000.   (I assume that your friend creates goods that are not specifically exempt from sales tax in New York State.  I am also assuming she is not going to sell her goods to wholesalers exclusively.) If you have more questions, please call the Law Office of Yelena Kalika at (646) 707-2226.  
Answered on Apr 10th, 2013 at 4:09 PM

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