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eBay is over-charging on tax

I'm an individual selling some items on eBay that I no longer use, need, etc.  I ship from New Mexico and New Mexico law is that tax is charged on the item and the shipping cost.   So, I have no choice but to also charge tax on shipping, BUT when I checked the tax amount eBay has collected on 3 items that I've sold, I find they have collected MORE than the New Mexico tax rate (and I am including the shipping in my numbers).   This is wrong, wrong, wrong.   Now since this Covid19 stuff, you can't call customer service and one is extremely lucky to reach eBay by email.   I wonder, is eBay ALSO charging a fee on the tax?   If they are, from what I can or can't find, this is not being disclosed to the seller or the buyer and that is WRONG.   Does anyone have info on this?   I am highly incensed about this as it is NOT fair to the buyer AT ALL !!!   Doesn't eBay make enough money from all their other fees???      

Message 1 of 14
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eBay is over-charging on tax

Taxes are not based on your tax in new Mexico it's based on whatever tax the item is being shipped to which may have a different rate 

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown
Message 2 of 14
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eBay is over-charging on tax

The seller doesn't charge the buyer sales tax. eBay charges, collects, and remits the sales tax, if applicable to the buyer's state.  

Message 3 of 14
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eBay is over-charging on tax

Sales tax is based on the location that the item is shipped to, not on the location of the seller.

 

NM is one of about 38 states that have passed "marketplace facilitator" laws which require eBay to collect and remit sales tax on items shipped to those states.  Therefore, you should not be collecting sales tax for any of your eBay sales.  Some states apply their sales tax to the shipping and handling portions of a buyer's payment; others don't. eBay apparently has incorporated this into their tax collection protocols.

 

https://blog.taxjar.com/marketplace-facilitator-explained/

 

https://www.ebay.com/help/selling/fees-credits-invoices/taxes-import-charges?id=4121

For buyers: https://www.ebay.com/help/buying/paying-items/paying-tax-ebay-purchases?id=4771

https://community.ebay.com/t5/Announcements/UPDATE-Ongoing-Changes-in-How-Internet-Sales-Tax-May-Imp... 

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eBay is over-charging on tax


I ship from New Mexico and New Mexico law is that tax is charged on the item and the shipping cost. BUT when I checked the tax amount eBay has collected on 3 items that I've sold, I find they have collected MORE than the New Mexico tax rate. This is wrong, wrong, wrong. 

 

It is not wrong, wrong wrong. You are mistaken, mistaken, mistaken. 

 

Sales tax is based on the destination, not the origin. So the New Mexico sales tax only applies to sales to people in New Mexico. And since New Mexico passed a marketplace facilitator law last year, eBay is responsible for collecting and remitting sales tax for your sales to New Mexico. So you should not be charging New Mexico sales tax at all; you should let  eBay take care of it. 

 

I wonder, is eBay ALSO charging a fee on the tax?   If they are, from what I can or can't find, this is not being disclosed to the seller or the buyer and that is WRONG. 

 

First, whether eBay is charging a fee on the tax is not something they need to disclose to the buyer. It has nothing to do with them. 

 

That aside ... 

 

If you are collecting payments through PayPal, ebay does not charge a fee on the sales tax.

"We charge a final value fee when your item sells. This fee is calculated as a percentage of the total amount of the sale. The total amount of the sale is the amount the buyer pays, including any shipping and handling charges. Sales tax isn't included in the calculation."

https://www.ebay.com/help/selling/fees-credits-invoices/selling-fees?id=4364

 

If you are collecting payments through Managed Payments, starting in July they will be charging a final fee on the total payment including the sales tax. This is being disclosed to the seller - but only during the registration process for Managed Payments.  

 

Message 5 of 14
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eBay is over-charging on tax

This is Bossdog1955.   On 5-17-202 I posted a Comment about eBay charging too much tax.    I WANT TO RETRACT MY COMMENT AND CLEAR IT ALL UP.   Today I called eBay and a representative told me that there is a service fee on the tax because eBay, on behalf of the seller, collects and pays the tax to the applicable State.   Doing this takes the burden of collecting and paying taxes off the Seller, which I appreciate.   AND to the people who have been correcting me as to the tax rate state, etc., I researched the Tax Amount issue thoroughly but due to so many people telling me I was wrong, I called eBay to to make sure I am doing this correctly.  The representative verified that I am doing it correctly because the tax rate is determined on whether the seller's State is an Origination State or a Destination State.   If it is an Origination State (which NM is), then the tax rate is the NM tax rate.   I even called the NM Taxation Department and they too verified that I am doing it correctly.  

Message 6 of 14
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eBay is over-charging on tax

I'm not sure how you were able to "call" a representative these days, but if you did, they gave you bogus information. The tax collected on any of your sales has absolutely nothing to do with New Mexico tax unless, of course, you sold to someone within New Mexico.

Message 7 of 14
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eBay is over-charging on tax

Whatever new Mexico has for tax laws the state which it ships to still matters.  If The state it ships to is a marketplace facilitator state eBay is required to collect sales tax for that destination state 

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown
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eBay is over-charging on tax


@bossdog22 wrote:

This is Bossdog1955.   On 5-17-202 I posted a Comment about eBay charging too much tax.    I WANT TO RETRACT MY COMMENT AND CLEAR IT ALL UP.   Today I called eBay and a representative told me that there is a service fee on the tax because eBay, on behalf of the seller, collects and pays the tax to the applicable State.   Doing this takes the burden of collecting and paying taxes off the Seller, which I appreciate.   AND to the people who have been correcting me as to the tax rate state, etc., I researched the Tax Amount issue thoroughly but due to so many people telling me I was wrong, I called eBay to to make sure I am doing this correctly.  The representative verified that I am doing it correctly because the tax rate is determined on whether the seller's State is an Origination State or a Destination State.   If it is an Origination State (which NM is), then the tax rate is the NM tax rate.   I even called the NM Taxation Department and they too verified that I am doing it correctly.  


The above is ONLY if you are shipping out of state on your own and NOT through Ebay.  NM is an origination-based state which means you'd charge the NM tax rate if you ship out of state. 

 

Selling through Ebay is completely different.  They follow the marketplace facilitator laws.  If you sell to someone in Tennessee, they will be charged Tennessee's tax rate.  If you sell, via Ebay, to someone in New Mexico, they will be charged the appropriate NM tax rate.

 

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eBay is over-charging on tax


@thevintagesilvershop wrote:

@bossdog22 wrote:

This is Bossdog1955.   On 5-17-202 I posted a Comment about eBay charging too much tax.    I WANT TO RETRACT MY COMMENT AND CLEAR IT ALL UP.   Today I called eBay and a representative told me that there is a service fee on the tax because eBay, on behalf of the seller, collects and pays the tax to the applicable State.   Doing this takes the burden of collecting and paying taxes off the Seller, which I appreciate.   AND to the people who have been correcting me as to the tax rate state, etc., I researched the Tax Amount issue thoroughly but due to so many people telling me I was wrong, I called eBay to to make sure I am doing this correctly.  The representative verified that I am doing it correctly because the tax rate is determined on whether the seller's State is an Origination State or a Destination State.   If it is an Origination State (which NM is), then the tax rate is the NM tax rate.   I even called the NM Taxation Department and they too verified that I am doing it correctly.  


The above is ONLY if you are shipping out of state on your own and NOT through Ebay.  NM is an origination-based state which means you'd charge the NM tax rate if you ship out of state. 

 

Selling through Ebay is completely different.  They follow the marketplace facilitator laws.  If you sell to someone in Tennessee, they will be charged Tennessee's tax rate.  If you sell, via Ebay, to someone in New Mexico, they will be charged the appropriate NM tax rate.

 


@thevintagesilvershop 

 

That info you supplied above is incorrect.  Sales tax is NEVER EVER driven by the location of the seller.  It is ALWAYS by the location of the buyer when shipping the item is involved.  If an item is shipped by a seller in NM and the buyer location is also NM, then NM sales tax applies.  But if the seller is in NM and the buyer is in Texas, Texas sales tax applies.

 

If the seller is selling from their own website or something other than Ebay or another marketplace and if the seller that is in NM is selling enough items into Texas to meet the sales tax thresholds in that state, then they would charge collect and remit that sales tax to Texas.  Otherwise if they are under the threshold the seller doesn't have to collect it.

 


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 10 of 14
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eBay is over-charging on tax


@bossdog22 wrote:

This is Bossdog1955.   On 5-17-202 I posted a Comment about eBay charging too much tax.    I WANT TO RETRACT MY COMMENT AND CLEAR IT ALL UP.   Today I called eBay and a representative told me that there is a service fee on the tax because eBay, on behalf of the seller, collects and pays the tax to the applicable State.   Doing this takes the burden of collecting and paying taxes off the Seller, which I appreciate.   AND to the people who have been correcting me as to the tax rate state, etc., I researched the Tax Amount issue thoroughly but due to so many people telling me I was wrong, I called eBay to to make sure I am doing this correctly.  The representative verified that I am doing it correctly because the tax rate is determined on whether the seller's State is an Origination State or a Destination State.   If it is an Origination State (which NM is), then the tax rate is the NM tax rate.   I even called the NM Taxation Department and they too verified that I am doing it correctly.  


If your payments are being processed by PP, then the ONLY fee you have on sales tax is the PP fee.  Ebay does NOT charge any fee on sales tax at all to the seller.  The CSR you spoke to was incorrect.  Sales tax has NEVER been dependent on the sellers location.  FYI, If you purchase something from a seller in Australia and have it shipped to NM.  You pay the NM rate of sales tax NOT Australia's.  Where the product comes from bears NO WEIGHT in the amount of sales tax due.  It never has.

 

Think of your local Walmart.  They have plenty of things that come from out of state and out of the country.  You do NOT pay sales tax based on where those products came from, you pay sales tax based on where you are when you purchased the item.

 

Now when you enter MP that will change.  But for normal Ebay right now with PP as your payment processor, Ebay does NOT charge any kind of fee to sellers regarding sales tax.


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999
Message 11 of 14
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eBay is over-charging on tax

You are right, it's confusing and I made an error.

 

If the seller does NOT sell through Ebay in NM and they sell to someone within NM, they charged based on their origin as opposed to the destination.  If they are in NM and are NOT selling through Ebay and ship out of state, generally, they do not charge the destination state sales tax unless they meet the definition of that particular state (whether it be by sales volume or nexus).

 

I should know to never get involved in sales tax discussions and should just stick to my own knowledge of my own state which has its own quirks. 

Message 12 of 14
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eBay is over-charging on tax


@bossdog22 wrote:

I'm an individual selling some items on eBay that I no longer use, need, etc.  I ship from New Mexico and New Mexico law is that tax is charged on the item and the shipping cost.   So, I have no choice but to also charge tax on shipping, BUT when I checked the tax amount eBay has collected on 3 items that I've sold, I find they have collected MORE than the New Mexico tax rate (and I am including the shipping in my numbers).   This is wrong, wrong, wrong.   Now since this Covid19 stuff, you can't call customer service and one is extremely lucky to reach eBay by email.   I wonder, is eBay ALSO charging a fee on the tax?   If they are, from what I can or can't find, this is not being disclosed to the seller or the buyer and that is WRONG.   Does anyone have info on this?   I am highly incensed about this as it is NOT fair to the buyer AT ALL !!!   Doesn't eBay make enough money from all their other fees???      


Taxes are levied on the buyer by their state and not the seller.  Thus the amount of tax owed and to be collected is determined by the state in  which the item is delivered and not the state were the seller is located.

 

Depending upon whether or not the buyer's state has enacted marketplace facilitator laws, eBay is required by law to collect the sales tax on purchases being delivered to locations in those states.  In states that have not enacted marketplace facilitator laws, the seller may, if required to do so, must collect and remit the sales tax to that state or the buyer may be required to remit the tax directly to the state themselves.

 

If you are registered to collect sales tax in the state of New Mexico, you are required to do that on sales delivered to buyers within that state, but are not allowed to collect it on sales delivered outside of that state.  However, if New Mexico has enacted marketplace facilitator laws, you are not suppose to be collecting Mew Mexico sales tax on sales made on eBay delivered within that state.  However, you will need to continue to collect & remit it on sales made outside of those made on eBay or any other site that you sell on that falls under the marketplace facilitator law.  

 

My advice is to check with your state's taxing authority for instructions on how they wish you to handle it or consult your accountant or tax professional.

"It is an intelligent man that is aware of his own ignorance."
Message 13 of 14
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eBay is over-charging on tax

In Mississippi we don't have the

 have the facilitator tax so when I choose that on when going to purchase one of your items I have no tax added.  

When I choose a friend of mines address in Tacoma Washington it charges me the correct 9.9% tax rate   

So your listings are charging tax based on the destination

 

@bossdog22 

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown
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