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We have to get a Sales Tax Permits for Kansas even though have only one sale?

I am a very small seller. I did go ahead and Join Tax Jar months and months ago When all this Internet Sales tax came out.  I wanted to make sure I was in compliance, they let you know if you have met the threshold and I have not. ..Well, there seems to be a lot of gray areas. To date I have read about each state and I am concerned about Kansas. according to Kansas, you still have to apply for a Sales Tax Permit even if you have just one sale for any amount. There is no Threshold, this is being appealed supposedly , but I want to be in compliance.  What have you other long time small sellers done about Kansas? Also Pennsylvania is a concern, I have not crossed a threshold there but according to the latest information from Tax Jar, they have a Notice & Report law (guess that's like use tax or so they can collect use tax)  and you have to set those up even if you don't cross any thresholds or apply for a Sales tax license in their state as well by March 1st. I know that Kansas sales tax Permit is  supposed to be easy to apply for  and free but what about Pennsylvania, this is all so wishy washy. I just would like some input Please.  Help. My tax advisor will not be able to help with this, they don't understand Online businesses. No one does.  Help. 

Message 1 of 61
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60 REPLIES 60

Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

General reply:

 

I think everyone is missing the point that if you are selling on eBay or another platform like Etsy or Amazon, the platform is responsible for the tax.

Chaos is NOT an "industry standard".
Message 16 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?


@eastcoastmermaids wrote:

I wish I had your moxie! I"m afraid not to register, but I am disgusted. I'm not disgusted about sales tax to other states, I'm disgusted about how wishy washy it has all been. Good luck my friend! 


I am not a scoff law, but I find it very unlikely that Kansas is going to come after me for $4-5.

 

If I ever get another sale to Kansas perhaps there should be a cancel due to a "problem with the buyers address" to reduce the burden on that state as registering/paying a fee/remitting tax would be nonsensical.

 

The accounting burden on the state to keep track of and process thousands and thousand of permits would not be cost effective. 

 

I fear Toto, and the Scarecrow were voted in somewhere along the way.

Message 17 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?


@gramophone-georg wrote:

General reply:

 

I think everyone is missing the point that if you are selling on eBay or another platform like Etsy or Amazon, the platform is responsible for the tax.


No they don't.  Did you read the link?  Here it is again.

 

https://www.avalara.com/us/en/blog/2019/08/kansas-old-law-imposes-new-sales-tax-requirements-on-remo...


mam98031  â€¢  Volunteer Community Member  â€¢  Buyer/Seller since 1999
Message 18 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?


@gramophone-georg wrote:

General reply:

 

I think everyone is missing the point that if you are selling on eBay or another platform like Etsy or Amazon, the platform is responsible for the tax.


I have not read the link info, but it seems that may not be the case with the Kansas law.

Message 19 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

 Kansas

Similarly, the department doesn't believe existing law enables it to force marketplace facilitators to collect on behalf of third-party sellers. Thus, marketplace facilitators are invited to consider entering into a voluntary compliance agreement with the department.A

 

 


mam98031  â€¢  Volunteer Community Member  â€¢  Buyer/Seller since 1999
Message 20 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

I am in Kansas and I can tell you that the law here is a mess they have no ideal what they are doing so they decided to do something. There is no enforcement it is a lot of grandstanding at the state house.

Message 21 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

Seems that Kansas should be able to figure it out.

 

34 other states, and the District of Colombia figured it out.

 

Jan 1st four more jurisdictions climb on board.

Message 22 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?


@mam98031 wrote:

@gramophone-georg wrote:

General reply:

 

I think everyone is missing the point that if you are selling on eBay or another platform like Etsy or Amazon, the platform is responsible for the tax.


No they don't.  Did you read the link?  Here it is again.

 

https://www.avalara.com/us/en/blog/2019/08/kansas-old-law-imposes-new-sales-tax-requirements-on-remo...


First thing I saw was this:

 

"Update 9.30.19: The Kansas Attorney General has determined Department of Revenue Notice 19-04 is "of no legal force or effect"; failure to include safe harbor for small sellers is "inconsistent with Wayfair." See Attorney General Opinion 2019-8 for more details."

 

Kansas' own attorney general has basically said this law won't withstand a court challenge.

 

I brought up the point I did because what happens if the marketplace facilitator AND the seller charge and pay the tax?

Chaos is NOT an "industry standard".
Message 23 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

The point you’re missing is that individual sellers may still be liable for remitting tax in any state that has not enacted a marketplace facilitator law. I think someone counted 32 states with MF laws out of I think 45 who have a sales/use tax.

 

I am still responsible for tax on my website sales even though my state has an MF law.

Message 24 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

LOL! 

Message 25 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

Kansas did pass a law but it was so weighted down with give aways and pork that the governor vetoed it and they couldn't override the veto .
So now the the tax department is flaying around and issuing mindless and unenforceable rulings.
Message 26 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

That's what I am thinking exactly! It's really messed up! 

Message 27 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?


@eastcoastmermaids wrote:

That's what I am thinking exactly! It's really messed up! 


I wouldn't give it a second thought.  They can't enforce it at all.  No way, no how.  


mam98031  â€¢  Volunteer Community Member  â€¢  Buyer/Seller since 1999
Message 28 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

It is a beautiful state though, they brought us the sunflowers. I just didn't expect this from Kansas. 

Message 29 of 61
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Re: We have to get a Sales Tax Permits for Kansas even though have only one sale?

@rock.star 

 

Kansas's state government has been struggling for almost a decade now, although I understand the Kansas economy is making somewhat of a comeback. I feel for you guys.

Signed,
A Northern Neighbor

Message 30 of 61
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