Community Chat

[MamaWick]

I'm confused. OP...do you live in Texas? If so, are you saying Texas doesn't charge sales tax on clothing? I live in Texas and that's news to me.

[RollTide2008]

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@ladyann45 wrote:

She was charged sales tax based on the WayFair lawsuit, because they weren't paying sales taxes to the states. She will have to pay the sales taxes, becaused of the ruling. Our state sales tax is 6.25 percent and there in most areas a local sales taxes as well. They didn't make a mistake the state do want their sales tax on goods purchased. 

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No, that's not how what the WayFair suit did.  Sales tax is assessed in the juristiction where the consumer takes possession of the goods.  WayFair v. South Dakota didn't change that.  WayFair v. South Dakota simply established a business doesn't have to have a physical presence in a juristiction to create nexus.

It sounds like this seller doesn't have adequate software to determine nexus so they're just doing a blanket collection.

[PickyPicky3]

I have some new information which I hope you enjoy.

But first, I have to say I am completely shook up. I just returned from some errands and missed being hit by someone who blew through a red light at close to 100 MPH by about two feet. Had I floored the gas pedal as soon as the light turned green, I would be dead. But because gas is so expensive, I never do that anymore.

OK. I sent another e-mail to ShopLC and included a screenshot of what I thought was the appropriate section of Texas law from the link supplied by @beckyb1012  Thank you @beckyb1012.

I received a beautiful letter from Priyanka, who I believe is one of the biggies at ShopLC. If I have the right person, I once read an article about her online. She finished a doctorate in literature while working there but chose to keep her job.

A perfect letter. Not one spelling or grammar error. Correct tone and strategy. Must be her.

She said they never intended to cause me to "face such challenges" and refunded the tax. Never said they were wrong. Never referred to the screenshot. She wrote what a person in her position would write and did it very well.

So, be on alert for this issue if you order from ShopLC. While I like them, they certainly have some sneaky practices. 

[Kachina624]

@PickyPicky3    They have some former ShopHQ employees.  Maybe they took their policies from the ShopHQ playbook.  Sounds like a stunt they'd pull.

[MamaWick]

@PickyPicky3. Do you live in Texas?

[PickyPicky3]

@MamaWick  No. I have visited many times and enjoy Texas Swing.

[Lucky Charm]

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@PickyPicky3   Just read about your *near miss* and it gave me chills.  So glad you are okay!

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[Trailrun23]

When you buy clothing from a state where it's taxable, you pay the tax, regardless of where you live. This is not a new rule. When I lived in NM, they even taxed prescriptions and groceries. And a state income tax. It was brutal. Texas has no state income tax and no tax on prescriptions or food items. If I order from LLBean, I pay no sales tax since they have no brick and mortar store here. There are lots of various rules regarding sales tax, especially addressing online purchases. Some politicians have been known to cross to another state to purchase a yacht and store it there, even though they don't live there, to avoid paying taxes on it. 

[gertrudecloset]

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@beckyb1012 wrote:

https://comptroller.texas.gov/taxes/publications/94-171.php

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wow....straight from the horse's mouth......FACTS!

[Cakers3]

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@Trailrun23 wrote:

When you buy clothing from a state where it's taxable, you pay the tax, regardless of where you live. This is not a new rule. When I lived in NM, they even taxed prescriptions and groceries. And a state sales tax. It was brutal. Texas has no state sales tax and no tax on prescriptions or groceries. If I order from LLBean, I pay no sales tax since they have no brick and mortar store here. There are lots of various rules regarding sales tax. Some politicians have been known to cross to another state to purchase a yacht and store it there, even though they don't live there, to avoid paying taxes on it. 

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@Trailrun23   Your post contains incorrect information.

Texas does have a state sales tax; Texas does not have income tax.

Also, I am not sure why you think only politicians avoid sales tax.

Residents of MA always went up to NH since NH had no sales tax, for example.  You still owed MA but it was not always paid by the customer.

Recouping the tax was not enforced very often.

I am in TX and I am charged tax on clothing I purchase from LL Bean.