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What's A "Use" Tax And Why Do I Owe It? E-mail
Sunday, 01 July 2007

by Harry Rabb, C.P.A.

Special to Tropical Breeze

It’s not a tax many of us think about, but if you’ve bought anything over the Internet, from a catalog or abroad, it’s likely you owe it.

It’s called the “use” tax, and state tax agencies are ramping up their efforts to collect it from taxpayers who often have no idea what it is.

The use tax is the difference between what you would have paid in sales tax if you purchased an item in your own state versus what you actually paid on the purchase.

For the most part, states’ efforts focus on educating consumers. But states also share information and work with retailers and customs agents to track down taxpayers who’ve made pricey purchases and never paid sales tax.

As with most things tax, the use tax confuses plenty of people. For instance, many taxpayers think that items they buy on the Internet are untaxed. But it’s simply that the retailer is not required to collect the tax. Retailers are required to collect sales tax if they have a significant presence in the “ship-to” state, but they’re not required to if they don’t. The buyer is still supposed to pay state sales tax.

States focus on large, pricey purchases. Florida, for instance, looks at the bills of lading for trucks heading into the state. State officials can go through that to see what’s on the truck, where it’s going and see if the tax has been paid. If you’ve ever purchased furniture in North Carolina, you already know that the trucks are stopped at the state line, inspected, and use tax assessed against the purchaser.

But plenty of people ignore their use-tax obligations. Many states now include a line on their income-tax return specifically for reporting use taxes.

If you buy high-priced items, you’ll want to think about the use tax. States often target jewelry purchases. Some jewelers offer to ship jewelry specifically so customers can avoid sales tax. Some even take it one step further, offering to ship an empty box to avoid the sales tax, but still let the customer walk out of the store with the item.

Ironically, a lot of jewelers get caught when they fail to insure the box, because they’re shipping an empty box. Tax auditors now often ask for merchants’ shipping documentation and a $20,000 item shipped without insurance tends to catch their attention.

State revenue departments also work with customs officials to collect tax on purchases made overseas. When you come through customs, you report purchases. Customs reports that information to the state revenue department, which then contacts you.

Meanwhile, other states, including Ohio and Tennessee, work with retailers to collect unpaid sales taxes. Some retailers send records of sales and deliveries to customers within that state to the department of revenue and then the department of revenue sends out bills.

An effort to simplify states’ complex sales tax systems is gaining some ground, making it easier for online retailers to collect sales taxes in more states. As a consumer all that means to you is the company you are buying from is more likely to collect the tax from you than they were in the past.

Don’t confuse the various efforts related to curbing Internet taxes with the use tax. Internet tax discussions often refer to taxing access to the Internet. That’s different from owing use tax if sales tax has not been collected.

Taxpayers eager to follow the letter of the law should record all purchases they make that are sales-tax free — if those purchases would generally incur sales tax at home.

In particular, record the large-ticket items that might garner attention from the state’s tax collector.

Sales taxes can be complex. For instance, in Florida the software you download online is often sales-tax-free but you’ll pay sales tax if you buy the same software in a store.

Look on the state’s revenue department website for more information on what items are subject to sales tax in your area. But consumers don’t need to worry all that much about the questionable items.

Also, check out the instructions that go with your state’s “use tax return” — they should clarify what you need to include and what you don’t. In general, it’s what you pay when you walk out the door and buy it.

It is important to understand that the Department of Revenue has many avenues to identify taxable transactions, sales or use, and assess tax to be collected. Each of us should be aware of this.

• • •

This information is provided as a public service and should not be construed as individual accounting or tax planning advice. For information on how these general principles apply to your situation, please consult an accounting or tax professional.

Harry Rabb is a C.P.A. and owner of Accounting Services, Inc., 935 Main Street, Suite D-1, Safety Harbor. Call 727-725-4121.

 
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