# I'm selling shirts out of New York State, do I need to collect different sales tax for different NY counties?



## Tufflaw (Oct 4, 2008)

Hello,

Trying to get my business going here in New York, and doing all the paperwork to make sure I don't get fined! I got an EIN last week, and applied for a certificate of authority so I can collect taxes and also make purchases from wholesalers.

I know that I do not need to collect sales taxes from individual outside of New York State. I also know that clothing sales of items under $110 are exempt from the 4% New York State sales tax. However, each of the 62 counties in New York has potentially different local taxes ranging from 0 to 4 5/8 %. Do I need to set up my website to calculate a different tax depending on the county? So for example, I would collect 0% tax from a purchaser in Dutchess county, but 4 5/8 % from Suffolk?

Thanks!


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## charles95405 (Feb 1, 2007)

This is something to check with your state taxing authority. If like most, you collect the tax where the sale is made..


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## Tufflaw (Oct 4, 2008)

charles95405 said:


> This is something to check with your state taxing authority. If like most, you collect the tax where the sale is made..


When I spoke to the taxing authority, they sent me some documents that didn't answer my question unfortunately. The question becomes, where is the sale "made"? If it's via my web site, does my county control, or is it the purchaser's county? Since I only charge tax for New York sales, I presume it's the purchaser's county, but I don't want to get into any trouble.


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## charles95405 (Feb 1, 2007)

If I am selling to someone via the internet or via phone or in person in my state (CA) I charge the tax rate for my county. If I am selling outside the state, I do not charge. So far no one has reserved a jail cell for me!


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## Tufflaw (Oct 4, 2008)

charles95405 said:


> If I am selling to someone via the internet or via phone or in person in my state (CA) I charge the tax rate for my county. If I am selling outside the state, I do not charge. So far no one has reserved a jail cell for me!


Do the different counties in California have different tax rates? 

At the end of the day, I doubt I'm going to have any problems, but I just want to make sure I'm doing everything perfectly.


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## Tufflaw (Oct 4, 2008)

Hmm, well I finally spoke to someone who seemed to know what they were talking about in the tax office, and unfortunately it looks like according to NY law I am going to have to charge a different tax rate depending on the county (and in some cases, the city) of the purchaser. It's a total of 12 different tax rates for a total of 62 counties and about 10 different cities, so that's going to suck setting it up in Zen cart, but what can you do.


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## tapster (Nov 12, 2008)

Tufflaw said:


> Hmm, well I finally spoke to someone who seemed to know what they were talking about in the tax office, and unfortunately it looks like according to NY law I am going to have to charge a different tax rate depending on the county (and in some cases, the city) of the purchaser. It's a total of 12 different tax rates for a total of 62 counties and about 10 different cities, so that's going to suck setting it up in Zen cart, but what can you do.


 
Hi, Would you mind charing the information that you received? I need the taxes too and it sure would save me a lot of time and effort. 
Let me know and i'll give you my email address (if you dont want to post it here) 
Thanks in advance
Tapster


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## Tufflaw (Oct 4, 2008)

tapster said:


> Hi, Would you mind charing the information that you received? I need the taxes too and it sure would save me a lot of time and effort.
> Let me know and i'll give you my email address (if you dont want to post it here)
> Thanks in advance
> Tapster


No problem. The information is contained within Publication 718-C put out by New York State. The most recent version (as of 9/1/08) is at http://www.tax.state.ny.us/pdf/publications/sales/pub718c_808.pdf

According to the guy with New York State tax office that I spoke with, this means that since my business is in New York State, I have to pay the appropriate taxes by county (or even town in some instances). So if I ship to Albany county it's 4% tax, if I ship to Eric County, it's 4 3/4 %. If I ship to Wayne county it's 0%. Yes it sucks.


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