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Community Member
Posts: 4
Registered: ‎08-25-2012

CA sales tax

I recently made a purchase and was charged CA sales tax.  This added a few dollars to my purchase which essentially retro-actively increased my maximum bid on the item.  Are sellers required to post on their listing that sales taxes will be collected upon checkout?  If not, they should be.

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Community Member
Posts: 4,428
Registered: ‎03-19-2006

Re: CA sales tax

in reply to 84john48

exspect to be paying sales tax on all purchases

age is a measure of time , wisdom is the measure of how we used that time
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clever_never
Community Member
Posts: 10,408
Registered: ‎09-25-2011

Re: CA sales tax

in reply to 84john48

It's listed on the 'payments and shipping' tab on the listing page.

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Community Member
Posts: 2
Registered: ‎06-18-2008

Re: CA sales tax

in reply to 84john48

Do not listen to the two above. The sales tax has certain exclusions and exemptions to it. Too many to list.



If you are buying a item from a seller who is making a BUSINESS of selling these items, such as a Ebay seller who is selling a bunch of cellphone cases, or used ipods regardless of used or new then yes they are suppose to charge sales tax.



There is a common situation where some Ebay users are charging for sales tax when they shouldn't be and that are for occasional sales.



If you are buying a used item from a Ebay seller who purchased the item as a consumer and used it themselves and some time later decided to sell it. YOU, the buyer, SHOULD NOT BE  PAYING SALES TAX. NOR SHOULD THE SELLER BE COLLECTING SALES TAX.



An example of buying an Ipad from a seller who purchased the ipad, used it for a year and decided to sell it because they no longer wanted it. In this case you do not charge sales tax because both the buyer and the seller are treating product in the same manor.



Reference:


California Sales and Use Tax Law Section 6367 states that Occasional Sales are exempt from taxes.


http://www.boe.ca.gov/lawguides/business/current/btlg/vol1/sutl/6367.html



California Sales and Use Tax Law Section 6005.6 defines what an Occasional Sale is. Specifically we want to look at definition. It defines a sale as an occasional sale if the item sold in question is going to be used in the same manner by the buyer as the seller.


http://www.boe.ca.gov/lawguides/business/current/btlg/vol1/sutl/6006-5.html



It gets more complicated when bigger things are thrown in such as property, stock, or cars

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Community Member
Posts: 2
Registered: ‎06-18-2008

Re: CA sales tax

in reply to 84john48

"Specifically we want to look at definition (B) "



sorry typo in the previous post

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Community Member
Posts: 2,526
Registered: ‎06-13-2005

Re: CA sales tax

in reply to 84john48

OP!  Are you located in California?  If the seller is required to collect sales tax it is usually shown on the shipping page which requires you to click on the shipping tab to view.  All listings have a two page length.

"It is an intelligent man that is aware of his own ignorance."
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Community Member
Posts: 1
Registered: ‎11-05-2012

Re: CA sales tax

in reply to 84john48

I'm still waiting for a clear answer on this question.


If a seller does NOT disclose in their listing that sales tax will be added, can they still charge for it at the end of the auction?


Yes, I know that they SHOULD, or that they USUALLY list  sales tax under the shipping tab. The question remains that if they DO NOT list it, then what?


I mean, how would one know if the seller is allowed to charge tax, or if they had everything included in the price? I've never had anyone charge me tax with it not being disclosed beforehand. Right now I am bidding on a higher priced item, and it would make a difference in my bid.


Sooooo...Is a seller REQUIRED to disclose that they will be adding sales tax?


If they do not disclose it, can they still add it on at the end of bidding?


Thanks!

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babylove80jr
Community Member
Posts: 3,737
Registered: ‎01-15-2007

Re: CA sales tax

in reply to 84john48

A seller should disclose it on the listing, yes.  If they charge you for it after the fact, contact ebay.

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clever_never
Community Member
Posts: 10,408
Registered: ‎09-25-2011

Re: CA sales tax

in reply to 84john48

yes, it must be listed on the shipping and payments page, in the 'sales tax' section.


Seller is not required to mention sales tax in the description



No, sellers cannot add anything extra onto the invoice that is not in the listing.


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Community Member
Posts: 2
Registered: ‎01-20-2008

Re: CA sales tax

in reply to 84john48

I was going to make a purchase from a seller in Rowland Heights, CA but after clicking on Buy it Now, I found that they were charging 9% sales tax! 


I Google: Rowland Heights Sales Tax and found that their tax rate is 8.75%.  Not a huge difference but enough for me to spend a little more for the same item from a different seller who isn't ripping me off for tax they're probably not even passing along to CA!


This particular seller has over 1400 items for sale!!!


Who monitors this??

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Community Member
Posts: 12
Registered: ‎09-07-2012

Re: CA sales tax

in reply to 84john48

What if you are selling a new item? Can you charge or should you charge sales tax? I know in one of the answers it said if the buyer buys and item and uses it for a year and then sells it, they don't SHOULD NOT be charging sales tax if they sell it. How about new  unused items? 

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Community Member
Posts: 2
Registered: ‎08-09-2009

Re: CA sales tax

in reply to 84john48

If they have over 1400 items for sale it sounds like a business.  If it is in CA then they will have to pay CA Sales Tax.  Do not blame the seller for only following the rules so they don't have the CA Tax Board coming after them.

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Community Member
Posts: 2
Registered: ‎08-09-2009

Re: CA sales tax

in reply to 84john48

Also, the seller can't set sales tax by city it is state wide and they pay the tax to that state.  So since CA sales tax is 9% they aren't ripping you off, that is what they will have to pay to CA.

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Community Member
Posts: 1
Registered: ‎08-18-2010

Re: CA sales tax

in reply to 84john48

I live in Ventura County CA where the sales tax rate is 7.5% If I bought an item from a seller who also lives in CA but lives in an area where the tax rate is 9% Which tax rate will I be charged? Is this amount set by the seller or is it done automatically by ebay?

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Community Member
Posts: 1
Registered: ‎07-25-2013

Re: CA sales tax

in reply to orgelmusikmann

You'll be charged a sales & use tax of 9%; the sellers are the ones that charge the tax (as required by the state/county/city), so they need to use the tax rate of their location. 

 

My understanding is that based on to whom they file their tax reports, the seller (aka the business) is required to charge the tax rate of the jurisdiction to whom they file their reports. They can charge more than what they are required to charge (the government won't say no to extra taxes), but they do have to report the tax rate they charged the customer(s) with and submit the full tax amount to the government. In case of eBay sellers, I believe it says the rate the sellers charge at, so even if they overcharge taxes, they'll have submit all the taxes to the government, encouraging honest businesses.

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Community Member
Posts: 3,819
Registered: ‎04-17-2007

Re: CA sales tax

in reply to animalarrangements

animalarrangements wrote:

I was going to make a purchase from a seller in Rowland Heights, CA but after clicking on Buy it Now, I found that they were charging 9% sales tax! 


I Google: Rowland Heights Sales Tax and found that their tax rate is 8.75%.  Not a huge difference but enough for me to spend a little more for the same item from a different seller who isn't ripping me off for tax they're probably not even passing along to CA!


This particular seller has over 1400 items for sale!!!


Who monitors this??


The CURRENT sales tax rate for Rowland Heights is 9%.

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lichqueen61
Community Member
Posts: 1
Registered: ‎05-06-2011

Re: CA sales tax

in reply to takikawa4

I purchased a crib for my newly born grandaughter a few years ago. I live in Oregon, meaning no sales tax. I purchased through Sears online services. But, because the final destination of the crib was NV, I had to pay NV sales tax.

 

I called my states (OR) revenue board and I was told that as an Oregon resident, I pay no sales tax for anything I purchase anywhere in the country, that I am going to use in Oregon. But, since the crib was being shipped to NV, I had to pay NV sales tax just as if I lived there.

 

 

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brooklynbooks
Community Member
Posts: 469
Registered: ‎04-14-2007

Re: CA sales tax

in reply to lichqueen61

Sales tax is based on the state of delivery not where you happen to live. If you lived in California and had everything shipped to friend in Oregon you'd pay no sales tax even though you lived in CA.


Jennifer
Brooklyn NYC

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otisthecat5
Community Member
Posts: 2
Registered: ‎09-04-2013

Re: CA sales tax

in reply to 84john48

Okay so here's the question, item was listed, I won the shoes and when I went to pay for them, there was an added tax to my purchase and it was listed as OR sales tax.  In Oregon, we have no sales tax.  I wrote the seller and he stated this california law about having to charge for sales tax.  Did he scam me or what?  I wanted the shoes but felt jipped.  I called ebay and got someone I could not understand because of language, I speak English and she couldn't.    I have never had to pay a sales tax before, is this new?  If it is only California, I will not be buying from California sellers again.

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otisthecat5
Community Member
Posts: 2
Registered: ‎09-04-2013

Re: CA sales tax

in reply to brooklynbooks

Read my comment below, I just got charged $3.41 for california state tax and I live in Oregon.  I do not think it is right.

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