Hi Ed,
Ed in Tampa wrote:................. as there is no real way to enforce the law.
This is very true, exactly what I have stated earlier.
Ed in Tampa wrote:...........I know the Florida legislature is discussing internet and mail order sales and trying to figure out what law to put in place and how to enforce it if they do..............
They can pass all the "state" laws that they want to: If a business is "outside" of the tax district, it does not have to comply.
Ed in Tampa wrote:.........However until they do make such a law I don't think there is any legal requirement for mail order or internet companies to pay sales tax unless they have a "presence" in the state.
Ed
It does not matter how many laws are passed, or what the laws passed say: The laws of one state do not apply to any person or business that is not within it's jurisdiction, and that jurisdiction ends at it's borders. The only way that any state will be able to collect sales tax on sales made to their citizens from out-of-state companies that do not have a presence in their state, is to develop an intrastate customs inspection at all entries to it's borders. That way they can inspect the cargo of all haulers of freight*, including private vehicles, and determine if sales tax has been paid. I do not see that happening, as I beleive that it wood be more expensive to do that, then lose out on collecting the sales tax that they are checking for.
In my state of Washington, none of that rationalization removes the fact that the purchaser is responsible for paying
A tax, whether they pay it at the point of sale as
Sales Tax, or they pay it after they receive the item as
Use Tax. In my state, what you propose (to avoid paying
ANY tax on your purchase), is illegal. It is, of course, done all the time.
*
This, of course, would not apply to the US Mail, as the Feds wood not allow it]