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Why is eBay Charging TAX on the Shipping Fee?!

I understand that the items we buy get taxed on eBay just the same as if we purchased them brand new at a brick and mortar store or other online stores that tax items (but not shipping). I live in New York City and my sales tax is 8.875%. However in New York City there is NO sales tax on clothing and shoes as well as other fabric and hardware related to clothing and shoes when buying items under $110 at a brick and mortar (many online vendors honor this as well).
 
However on eBay I always see this:
 
Order Details  
Subtotal: $40.00
Shipping:  $8.00 
Tax: $4.26
Total: $52.26

 

Meaning I am not only paying sales tax on the item but also the shipping since $4.26 is NOT 8.875% of $40.  So that means the $8.00 that the seller is paying to USPS for the SERVICE of shipping is being taxed and added to my costs.

 

I understand under some federal and state laws that HANDLING fees can be taxed but not SHIPPING.

 

Why is eBay doing this?

 

since all these Buyer taxes will only drive us to buy items elsewhere or offline since no one else taxes shipping fees!!!!!!

 

 

meh
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Why is eBay Charging TAX on the Shipping Fee?!

eBay charges sales tax according to the law of each state that requires them to do so. They determine if an item is taxable or not based on the first (or only) category that the item is listed in. So for example, if a sports jersey is listed under a Clothing category, then it won't be taxable if clothing isn't taxable in your state. But if it is listed under Sporting Goods or Collectibles, and those items are taxable, then it will be taxable.

 

If you think an item is not in the  correct category, you can ask the seller to change it. If you feel you have been charged tax on a non-taxable item, you can ask your state to refund it, or you can deduct it from the Use Tax that you have to pay on non-taxed purchases.

 

Many states require that sales tax be charged on the shipping as well as the purchase price.

 

https://www.avalara.com/us/en/learn/whitepapers/shipping-handling-sales-tax.html

...

The following states usually consider charging shipping that is part of an order a taxable activity, regardless of whether sales tax is part of the price or not:

Arkansas, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Indiana, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, Wyoming.


 


 

All online marketplace facilitators are required to charge sales tax the same way, eBay is no different.

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12 REPLIES 12

Why is eBay Charging TAX on the Shipping Fee?!

eBay charges sales tax according to the law of each state that requires them to do so. They determine if an item is taxable or not based on the first (or only) category that the item is listed in. So for example, if a sports jersey is listed under a Clothing category, then it won't be taxable if clothing isn't taxable in your state. But if it is listed under Sporting Goods or Collectibles, and those items are taxable, then it will be taxable.

 

If you think an item is not in the  correct category, you can ask the seller to change it. If you feel you have been charged tax on a non-taxable item, you can ask your state to refund it, or you can deduct it from the Use Tax that you have to pay on non-taxed purchases.

 

Many states require that sales tax be charged on the shipping as well as the purchase price.

 

https://www.avalara.com/us/en/learn/whitepapers/shipping-handling-sales-tax.html

...

The following states usually consider charging shipping that is part of an order a taxable activity, regardless of whether sales tax is part of the price or not:

Arkansas, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Indiana, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia, Wyoming.


 


 

All online marketplace facilitators are required to charge sales tax the same way, eBay is no different.

Message 2 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

tax may apply to shipping.

 

different sites may have conflicting info.

 

 

state sales tax.jpg

Message 3 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

Thanks ALL!

 

All the replies were helpful!

 

Big thumbs up

meh
Message 5 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

New Jersey has no tax on clothing, but shipping can be taxed - I was not only charged tax on shipping but on the clothing item as well, which did not sit well with me and has made me be more 'proactive' when purchasing items online to pay attention to the category that the item was listed in. 

 

 

Message 6 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

And has been mentioned by eBay members posting in response to questions, be certain that you include the "plus four" digits of your zip code in you shipping address on file. This enables them to drill down further to compute the correct tax rate for your location.

Message 7 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

Shipping has always been taxable in NY....which was already cleared up for you.

 

Clothing in NY is not charged state sales tax, but it is charged county sales tax. In my county (Monroe) the tax rate is 8% (4% state and 4% county); so clothing is taxed at 4%. I've made a couple clothing purchases since eBay started collecting NY taxes, and they are actually collecting the correct 4% from me (which kind of surprised me. I didn't expect them to get it right!).

Message 8 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

the green states are robbing us
Message 9 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

We have free shipping, so the item/items are taxed accordingly.  But what we are not understanding is when a buyer pays us thru pay pal, the % pay pal charges are based on tax that is included in what they paid.  Why should we be charged extra by pay pal on taxes collected by ebay, which by the way ebay is making money on, they get a percentage of taxes collected for holding, collecting and paying the tax to each state( it varies by state), but they are making money, while we are getting charged more because of pay pal percentage on said tax.  The seller again pays while ebay makes more.  Hell of a deal for ebay.  

Message 10 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

PayPal tried pulling off the sales tax without charging the seller but that required tow transactions and buyers and the banks complained. In early November they changed the process to take one payment and it all goes through the sellers PayPal account. Sellers under managed payments do not pay fees on the sales tax.

 

While I think it is unfair, the sales tax laws say that the MF is capturing and remitting sales tax for the seller. So that would seem to make it legal.

Message 11 of 13
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Why is eBay Charging TAX on the Shipping Fee?!

First of all, shipping is a service, period. Services are not taxable. Second, taxing a used item over and over again is a crime and the government has been getting away with it b/c Americans are too complacent to stand up and rage about it. Tell me... how is it right that an automobile (high ticket item with high taxable value) can be taxed 3, 4 10, 12 times throughout the course of it's useful life? It's redundant and it's criminal extortion by the government, plain and simple.

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Why is eBay Charging TAX on the Shipping Fee?!

Hello Everyone,

 

Due to the age of the thread, it has been closed to further replies.  Please feel free to start a new thread HERE if you wish to continue to discuss this topic.

 

Thanks for understanding!

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