- quote -

See the instructions for line 59 on page 7 of the IT-201X at
http://www.tax.state.ny.us/pdf/2007/...07_fill_in.pdf


--
Don EA in Upstate NY

--
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On Wed, 23 Apr 2008 14:48:24 EDT, sethb[at]panix.com (Seth)
wrote:

- quote -

Nexus for legal purposes is typically different than nexus
for income tax purposes which is typically different than
sales tax nexus. Do they have nexus for a subpoena? Sorry
ask a lawyer.

--
Drew Edmundson, CPA
Cary, NC

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >

In article <480eb44d$0$15164$607ed4bc[at]cv.net> ,
Benjamin Yazersky CPA <byaz55[at]lycos.com> wrote:

- quote -

If the mail order site doesn't have enough nexus to collect NYS sales
tax, why would it have to comply with a NYS subpoena?

Seth

--
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In article <fum96d$kld$1[at]gal.iecc.com> , John Levine <johnl[at]iecc.com> wrote:
- quote -

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. > << ------------------------------------------------------- >

- quote -

amount on IT201. But on ST-140 it only covers purchases under $1000; larger
items have to be declared on line 2.

So if I purchased an outofstate item for $1,500, I will end up paying $120
more on ST-140 than on IT201. Do I have it right?

My accountant says he will refile my returns if I want (I also have a
corrected 1099INT and a K1 that came in after the taxes were filed) and I
can fix the sales tax on the amended return. You are telling me he is
incorrect and the sales tax cannot be fixed on a IT201X?
Just want to be sure I have it right.

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >

"Don Priebe" <priebe[at]iname.com> wrote
- quote -





The probability exists that a good portion of these folks purchase
everything from local retailers, paying the state sales tax at that time to
the retailer. But that would leave a better chunk of the 94% that probably
bought something over the internet or through a catalog and bypassed the
state sales tax.

Costs to audit someone -v- the expected return of tax may be a good reason
to avoid wholesale audits for what might amount to a few bucks per taxpayer.





--
Paul A. Thomas, CPA
Athens, Georgia

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >

- quote -

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

--
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"Jessica" <Jessica[at]yahoo.com> wrote in message
news:f3uPj.1930$NU2.1553[at]news01.roc.ny...
- quote -


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
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<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >

- quote -

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[at]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. > << ------------------------------------------------------- >

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. > << ------------------------------------------------------- >