Home Page link  

NYS - Sales Tax on out of state purchases?

 

Taxes General Forum - Tax professionals meeting place and answers to queries. (Moderated)

 Post an article  get this group's latest topics as an RSS feed add this group's latest topics to your My MSN content add this group's latest topics to your My Yahoo content  add this group's latest topics to your Google content  YahooMyWeb Yahoo!  Google Google  Windows Live Favorites Windows Live  del.icio.us del.icio.us  digg digg  Add to Netscape Netscape
Subject Author Date
NYS - Sales Tax on out of state purchases? Jessica 04-22-2008
Posted by Jessica on April 22, 2008, 9:39 pm
Please log in for more thread options
New York requires you to pay sales tax on out of state purchases on your
state tax return.

I always pay the maximum; I expect it is actually a bit unstated for the
purchases I made.

Although I specifically told my accountant to include it when he prepared my
tax return, he didn't; and I didn't notice until now.

I suppose I can pay it when they audit me... does leaving it out make an
audit more likely? (ie., did he do me a favor or screw me?)

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by John Levine on April 22, 2008, 11:55 pm
Please log in for more thread options
>I suppose I can pay it when they audit me... does leaving it out
>make an audit more likely? (ie., did he do me a favor or screw me?)

My accountant told me that it is her understanding that if you put in
zero, they are very likely to come back and ask you to prove it.

I went through my credit card statements the first year to figure out
how much I'd mail ordered from out of state and was surprised to find
that the state's default number was considerably less my actual
amount.

Regards,
John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies",
Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor
"More Wiener schnitzel, please", said Tom, revealingly.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Seth on April 23, 2008, 2:47 pm
Please log in for more thread options
>>I suppose I can pay it when they audit me... does leaving it out
>>make an audit more likely? (ie., did he do me a favor or screw me?)
>
>My accountant told me that it is her understanding that if you put in
>zero, they are very likely to come back and ask you to prove it.

How are you supposed to prove a negative?

Seth

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Benjamin Yazersky CPA on April 23, 2008, 12:00 am
Please log in for more thread options
> New York requires you to pay sales tax on out of state purchases on your
> state tax return.
>
> I always pay the maximum; I expect it is actually a bit unstated for the
> purchases I made.
>
> Although I specifically told my accountant to include it when he prepared
> my tax return, he didn't; and I didn't notice until now.
>
> I suppose I can pay it when they audit me... does leaving it out make an
> audit more likely? (ie., did he do me a favor or screw me?)
> --


You could file an amended return & put in the use tax.

I don't have any experience with NYS auditing tax returns on this issue.
However, my expectation is that the state could subpeona mail order &
internet sites for their customer lists & then send out assessments.
The tax returns that match the list & report ZERO will likely be assessed
first.






--


___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----

"This written advice was not intended or written to be used, and it cannot
be used by any taxpayer, for the purpose of avoiding penalties that may be
imposed on the taxpayer."

(The foregoing legend has been affixed pursuant to U.S. Treasury Regulations
governing tax practice.)

The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material. Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you received
this in error, please contact the sender and delete the material from any
computer.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Don Priebe on April 23, 2008, 7:59 am
Please log in for more thread options

>> Although I specifically told my accountant to include it when he prepared
>> my tax return, he didn't; and I didn't notice until now.

> You could file an amended return & put in the use tax.

That option is not available in NY. A NY amended income tax return (IT-150X
or IT-201X) cannot be used to change the sales tax originally reported. You
must file a separate use tax form. (ST-140 to pay more; AU-11 to pay less)
See the instructions on the IT-201X.

IIRC, only about 6% of New Yorkers are reporting sales tax on their returns.
The state is looking at ways to increase this number, but wholesale audits
of 94% of all filers doesn't seem feasible.
--
Don EA in Upstate NY

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Similar ThreadsPosted
Sales/Use Tax to Which State? May 5, 2007, 6:36 am
Anyone know MA state sales tax laws? January 13, 2007, 1:53 am
State Income Tax vs Sales Tax February 17, 2007, 5:36 am
T-Bill purchases at less than face value February 14, 2007, 10:21 pm
Accrued Interest Paid on Purchases February 13, 2008, 7:56 pm
Internet sales and local sales tax December 5, 2006, 4:46 pm
Are large business purchases typically reported to IRS? March 10, 2007, 2:11 am
Re: question about NY state resident status for NY state tax purpose April 12, 2006, 11:09 pm
other state loss recovery (vs. other state tax credit) April 16, 2008, 11:11 am
State taxation of out of state bonds February 21, 2007, 6:48 pm

Contact Us | Privacy Policy
This site is not affiliated with Intuit - makers of Quickbooks and Quicken software
This site is not affiliated with Sage Software - makers of Peachtree accounting software
XML SitemapXML Sitemap