Hi Dusty,
I will do my best to clarify your confusion;
dusty wrote:I'm not up on all these tax rules like some of you obviously are. I just pay what I have to and let it go at that.
Now I know that is just begging for a lecture from some of you, Ed but after all of these years with that attitude, I'm not likely going to change. I'll not live that long.
I hope that you do not view answers to your questions as a lecture]What I want to know is "what constitutes a presence in the state"?[/quote]A company store; a non-company store that stocks their product; a demo whether or not they sell their product at the demo; any other time when someone comes into the state to sell their product.
dusty wrote:Does the TA coming around every now fulfill the requirement?
Yes, because they don't just teach a class, they have product to sell.
dusty wrote:Where do you read the law that states that no "sales taxes" are due for purchases made by an individual in a state where Shopsmith has no presence (North Dakota for example).
There is no such law so stated in Washington, in fact sales taxes are
always due for retail purchases of any kind except for food and services (such as a doctor) in the state of Washington. It is just that, as a company doing business, if you are "outside" of a tax district, you are not obligated to collect for that tax district, but if you enter that tax district to promote your product, you are obligated to collect applicable sales tax, and forward it to the taxing authority for that district, on ANY sales of your product made in that tax district, including mail order (internet order). In reality, the taxing authority has no authority outside of it's own district. If a company that is outside of a particular taxing district decides to cooperate with that taxing district, and collect, report and pay the tax, they are going above and beyond any legal requirement that they have.
dusty wrote:Why would Shopsmith collect "sales tax" from someone who does not have to pay it.
Who said that SS was collecting it from "someone who does not have to pay it"? SS is not obligated to collect, report and pay it for the purchaser, IF they do not have a presence in that tax district. The purchaser IS required to pay it regardless of how they purchased it, and that is where the taxing authorities have the problem. In my state, if you purchase something without paying sales tax on it at the point of sale, you are required to report that purchase to the tax district and pay a "use tax" rather then the "sales tax". The tax rates for both are identical to each other.
dusty wrote: These days, Shopsmith has a presence in so few states, nless there is something going on that none of us are aware of. After all, Shopsmith is in Dayton, Ohio and no where else that I know of.
They are NOT just in Ohio]If Shopsmith collects from that poor schmuck in North Dakota, do they in turn pay it to the State of North Dakota? If they do, why? Yeah, I know, it would be tax fraud if they didn't.[/quote]All reputable companies that are collecting sales tax on mail orders DO report and pay it and for the reason that you stated PLUS the fact that if they didn't, they would not be able to do business in "North Dakota" legally. i.e., they could not obtain the permits, licenses, etc., that they need to have, in order to "set up shop".
I hope that this helps to "get it straight" in your mind.

If you have additional questions concerning this subject, feel free to ask.