Newegg sales tax problems... is it REALLY tax free??
Newegg sales tax problems... is it REALLY tax free??
2018-03-05
what's up everyone Jase $0.02 here we're
gonna do a talking head video a very
simple one with some important
information that I want to get out there
so I'm not gonna be adding music or
transitions or any of that so you don't
even need to look at this just minimize
it and listen why you go on about your
business because this this one's kind of
important this could affect all of us
especially moving into the future
last Thursday while doing tech talk
Jerry and I reached out to the audience
asking if there was any topics they
wanted us to talk about before we signed
off for the evening and one user asked
me Jay how do you feel about what Newegg
is doing regarding collecting back taxes
on sales for previous years I was like
what are you talking about
so we did a quick search we couldn't
really come up with any concrete
information but some of the users
started telling us this was something
going on in the state of Connecticut
well fast-forward a few days my inbox my
mailbox my Twitter feed everything blew
up with people sending me links to
articles and even links to pictures of
the Connecticut Department of servitor
Revenue trying to collect back taxes
from customers who bought product from
Newegg does a couple things with
dimension before we talk about what
happened and what this means for the
future one I'm not a CPA I am NOT a tax
advisor I am NOT providing you any
financial advice I'm not providing you
any tax prep advice that is all between
you and your tax preparers and your CPA
so do not take this video as an advice
piece this is nothing more than an
informational piece and now that I've
covered my ass we could talk about what
has allegedly happened I'm gonna say
that word a lot because allegedly is
important that's a legal term allegedly
Newegg received a letter from the
Connecticut Department of Revenue
requesting user data from anyone who
bought product from Newegg and had it
shipped to the state of Connecticut the
requested that data for tax year is 2014
2015 and 2016 the reason why having
collected collected 2017 yet is because
technically those don't have to be filed
yet so what they're trying to do is
recover a lot of the seventy million
dollars a year that the state of
Connecticut estimates they lose for
people not providing sales tax or use
tax on their tax returns what that means
is if you buy something from out of
state that does not collect sales tax
then you have to pay what's called a use
tax on that and that is based upon your
state in its statues and because we have
50 states in the United States there are
going to be variations of how this is
collected and what you're on the hook
for so that's why this is a very
difficult video to see how it's gonna
apply to all of you simply because if
you live in the United States or even a
US territory then it's going to be very
very convoluted trying to apply this to
everybody so that's why we're just sort
of giving you a high-level video here
on what's going on so back to what
happened Connecticut sent a letter to Nu
ake a letter not a subpoena now this is
according to information I found online
this was not an official subpoena which
is required by court to send this
information the state of Department
revenue simply asked Newegg hey buddy
buddy old pal do me a favor send me all
the user data for people who bought
stuff in the state of Connecticut
through Newegg online so that we can go
and send them letter saying hey you owe
us taxes or now this is a big alleged
here I found multiple sources saying
this including some news articles that
talked directly to the Connecticut
Department of Revenue saying or forget
all that just start collecting sales tax
for stuff that gets sent to Connecticut
we'll call it even and it will take care
of itself in the future
well apparently Newegg didn't want to
set any of that up and did want to start
collecting sales tax for the state so
they rolled and provide all of the
customer data for those three years to
the state of Connecticut which then
started sending tax collection letters
to every customer who bought something
from Newegg in Connecticut for those
three years now based on the letters
people have been sending me showing me
with their name blurred out but showing
me that all of the the forms I've seen
dozens of these forms now the state is
collecting either a hundred bucks 300
bucks in some cases a couple thousand
dollars from people running businesses
and stuff out of Connecticut buying
stuff for their business through Newegg
now suddenly collecting taxes on that
now before we move forward let's talk
about the states that knew a currently
collects sales tax from that being
California Washington Indiana New Jersey
Pennsylvania and Tennessee that's more
than likely because they have a nexus or
it means they have a location in that
state it doesn't have to be a
brick-and-mortar that'll be a store you
can walk into it buy something it simply
means that company has a registered
address in that state providing some
sort of business more than likely these
are their warehouses where they're
shipping from different parts of the
country
California is obviously where New Vegas
based so that one's pretty much a given
but if you live in those states right
now and you buy something from Newegg
they're going to apply sales tax and
it's gonna be based on your current zip
code I don't know if you guys know this
but there's a sales tax a flat rate
sales tax and then each city or
municipality can offer or even County
can have additional taxes on top of that
so here in California can range anywhere
from seven-and-a-half percent all the
way up to ten and a half
percent depending on where so you plug
in your zip code anyway calculates it
it's based on where you live and where
it's being shipped to that's how tax is
collected furthermore there are states
that actually require Newegg to supply
the customer with a report of an annual
report of what they purchased because
you are still on the hook for use tax or
the use tax is just another word for
sales tax where the state says hey you
bought something from out-of-state you
owe taxes on what you bought sales tax
and you're supposed to file it on your
tax returns that is pretty much what a
use tax is to put it in the perspective
I bought my fs5 from a company in
Oklahoma when I bought it they provided
me with a tax form saying here is your
form for your use tax and since that was
bought through corporation obviously
that was all handled on the up-and-up so
the states that currently require Newegg
to provide a report to the customer for
their tax purposes is listed here
Colorado Louisiana Vermont and Rhode
Island but it even goes a step further
Colorado
specifically requires that Newegg not
only send the report to the customer but
also to the Colorado Department of
Revenue so what that means is Colorado
knows that you bust stuff from out of
state it is expecting a use tax on your
tax return and that could potentially
trigger an audit if you don't report it
if you live in Colorado do me a favor
comment down below have you ever
received that from Newegg have you ever
received it from the state I'm kind of
curious Rhode Island requires that you
actually pay your to use tax monthly so
instead of on the end of your annual tax
return they expect every single month
that you fill out the form that's
available at Newegg to then pay the use
tax due on the 20th of every single
month so they obviously take it quite a
step further now what makes Connecticut
kind of unique is according to a
Washington tax professional Connecticut
is the first state actually reaching out
to retailers requesting the customer
data and that gives us now a branch in
this argument versus ethics and legality
on whether or not it's ethical for a
customer data and for our information to
be sent out via a retailer so that's
obviously a whole nother topic a whole
nother discussion that really has no
bearing on today's video but
it's definitely where the fork in the
road has been regarding the front of
this particular argument now the
precedent that this sets is one new egg
was not required by law or by court to
provide this information although
Connecticut could have probably
subpoenaed new egg which then would have
made it required but new exist rolled
and provided that information which is
why now approximately 3,000 of these
text collection letters have been sent
out since February now if you guys have
received one you know exactly what I'm
talking about suddenly you're hit
overnight with like wow I owe 400 bucks
40 bucks I don't have I have told next
week to pay it or I'm gonna pay a
penalty on it well to be fair to be
honest that is on you you did oh it all
along now the difference is now
Connecticut knows that he oh it were the
difference in the past was it was an
honor system you were required to report
your earnings but if you didn't report
it the state had no way of knowing so
Connecticut being a very we'll call it a
poor state because it's not doing too
well financially is now require sent out
these letters to apparently over 150
online retailers so if you basta from
Newegg if you bought stuff from any
online site major site let's say B&H
photo let's say adorama if you've been
buying stuff from these companies that
have not been providing any of your use
tax information you very well could not
be getting a letter just from Newegg but
you could be getting it from multiple
sources making a hundred or 200 dollar
tax bill now potentially thousands now
again this is one of those things where
technically you run the hook for that
all along and if you weren't reporting
it that's technically considered tax
evasion but usually we're talking very
small amounts of money that usually was
overlooked but the problem is as we move
into this very online world and people
are conducting business from all over
the world now and you're never having to
necessarily buy something from your own
state the states are hurting for this
money and now they're finding more
creative ways to do this and the
president that's been set now is because
companies like Newegg have rolled over
and provided that data more states are
going to follow so expect this to happen
more and more now I don't know what the
solution is going to be for those of you
that oh the money I mean pay your taxes
it's all I can recommend pay it don't
fight the state the state has way more
resources than you to fight that in win
if you don't have the money work out an
arrangement that's what I could that's
that's what I would do if it was me if I
didn't have the money I would work out
an arrangement
most states have
plans and all of that stuff but expects
moving forward as online retailers
become more and more prevalent and
become major retailers like Amazon
expect to pay and have these letters
coming from the state that you might
consider be considered blindsided now
most of the time on your step your state
tax return there's a line on there that
states have I purchased anything from
out of state you're supposed to add that
up and then it's like six and a half
percent or something depending on on the
states that you live in but here's a fun
fact for you if I was to hanok a twenty
dollar bill would you like that yeah you
want twenty bucks okay well I'll give
you twenty bucks but now you owe the
government like four of it because
that's considered a transaction and you
owe taxes on pretty much any transaction
you go to Craigslist and you sell
something you take money I sell Nick
this piece of iPhone he gives me
four hundred bucks I'm supposed to pay
taxes on that four hundred bucks that's
the way it actually works and that's the
letter of the law the letter of tax law
states that the problem is obviously
nobody does that and so you have
billions of dollars across the country
on the table that's not being collected
and states are now fighting to collect
that money because they've lost the
revenue so I mean that's that's where we
are with this so expect when you buy
something now from a company like new
egg or B&H photo or these major
retailers and you go wow this is tax
free it was never tax free to be fair it
was never tax free it's just they had no
way of knowing you bought it but as long
as the retailers are willing to roll
over and just send them the information
then now they know so you might want to
expect in the future when you go and buy
something online because you could save
the two or three hundred bucks in sales
tax you're probably going to owe it down
the line so that's just one thing to
keep in mind I don't have any other
notes here that's what's happening here
it is uh or the forms that I'm talking
about two of with new egg they are
available on their website so you guys
can go and find all of that but yeah
that's that's where we are with this and
I wanted to get that information out
there I also wanted to talk about some
setting some of the facts straight
people are mad that new egg wasn't
collecting state taxes new egg it wasn't
up to them they don't have to that's the
problem they don't have to Connecticut
apparently offered them the
- they turned it down and chose to just
send the data to the state and let the
state go after the money I don't know I
don't know what the operating
differences or cost would be for them to
just collect it but this isn't just new
wage involved guys apparently
Connecticut sent it out to over 150
retailers and other states are going to
follow suit because of the precedent the
new wake set anyway guys I'm gonna go
just want to do this video explaining
some of what's going on again consult
your CPAs consult your tax preps to find
out what the laws are in your states and
your counties
I'm not providing you tax advice or CPA
advice that is again on you pay your
taxes all right guys I'm gonna go we've
got a video coming up here you guys have
been suggesting and requesting forever
that I finally build in the loke ghost
s1 I will be doing a build in that but
it's not gonna be the fully custom
water-cooled bill that I promised I'm
doing that in a different version in
this case they're sending a silver one
with different top hats that I requested
this is like an early engineering sample
so that will be coming once that's
available and fulfilled they're still
fulfilling orders on that so I'm gonna
go guys thanks for watching subscribe if
you guys enjoyed today's video if you
have any input on this I'm curious
whatever laws in your States and have
you received a letter and you don't live
in the state of Colorado
Rhode Island or Connecticut if you
received a letter from Newegg if so what
did it say put it in the comments below
and as always guys I'll see you in the
next one
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