Whether selling on eBay or operating an e-commerce site, there are several laws that you must comply with, such as how and when to collect sales tax and how to treat international online sales.

If you run a business with a physical storefront, collecting sales tax is straightforward. You charge your customers the sales tax required by the jurisdiction where your business is located. But suppose you start selling your products online. Does that mean you charge customers the same sales taxes that you do to those who are coming into your store? It depends.

When to Collect Sales Tax Online
If your business has a physical presence in a state, such as a store, office or warehouse, you must collect applicable state and local sales tax from your customers. If you do not have a presence in a particular state, you are not required to collect sales taxes.

In legal terms, this physical presence is known as a "nexus." Each state defines nexus differently, but all agree that if you have a store or office of some sort, a nexus exists. If you are uncertain whether or not your business qualifies as a physical presence, contact your state's revenue agency. If you do not have a physical presence in a state, you are not required to collect sales taxes from customers in that state.

This rule is based on a 1992 Supreme Court ruling in which the justices ruled that states cannot require mail-order businesses, and by extension, online retailers to collect sales tax unless they have a physical presence in the state.

State Exemptions
Keep in mind that not every state and locality has a sales tax. Alaska, Delaware, Hawaii, Montana, New Hampshire and Oregon do not have a sales tax. In addition, most states have tax exemptions on certain items, such as food or clothing. If you are charging sales tax, you need be familiar with applicable rates.

Determining which sales tax to charge can be a challenge. Many online retailers use online shopping-cart software services to handle their sales transactions. Several of these services are programmed to calculate sales tax rates for you.

International Online Sales
Selling your products online allows for immediate entry into the global marketplace. However, shipping your product overseas presents a few challenges if you have little experience with taxes, duties, customs laws, and consumer protection issues involved with international commerce.

If you are just getting started, the following resources will help you to understand legal and regulatory requirements when shipping overseas:

• Export.gov - E-Commerce Toolbox: This site brings together information and resources the U.S. Department of Commerce and other U.S. government agencies offer to U.S. businesses interested in using the Internet to export their products.


• Electronic Commerce: Selling Internationally - A Guide for Business: As members of the Organization for Economic Cooperation and Development, the United States and 28 other countries have signed on to guidelines that help protect consumer information on the Internet.

Next month we will be talking about Privacy Law – What Every Business Owner Should Know.

Each case is different so remember, Bagla Law is always here to help you with your business needs because You Know Your Business – We Know the Law!

If you have any questions about these issues or other topics please feel free to give us a call.

Talk with you next month,
Kelly