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Subject:
Sales tax refund for products purchased to export?
Category: Business and Money > Accounting Asked by: polonia-ga List Price: $20.00 |
Posted:
04 Jun 2004 21:31 PDT
Expires: 04 Jul 2004 21:31 PDT Question ID: 356685 |
If I purchase computer hardware components such as processors or memory wholesale, and I export these components to Poland, do I get a refund on the sales tax I paid? I live in Missouri, my company is incorporated in Missouri and I will purchase products from a company in California via phone. |
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Subject:
Re: Sales tax refund for products purchased to export?
Answered By: richard-ga on 05 Jun 2004 06:21 PDT Rated: |
Hello and thank you for your question. The way to avoid the problem is to obtain a "resale certificate" before you buy the components. By giving or showing the resale certificate to the seller, the seller is excused from having to collect the sales tax from you in the first place. California law actually allows you to create an informal resale certificate: "Any document, including a letter, note, purchase order, or preprinted form, can serve as a resale certificate, provided it contains all of the following information: · The name and address of the purchaser's business. · The purchaser's seller's permit number (see Note, below). Note: Certain businesses are not required to hold seller's permits. They may, for example, sell only in interstate and foreign commerce ... [That's you!]. Such businesses should note on their resale certificates that they do not hold a permit and state the reason a permit is not required. · A description of the property to be purchased (see "Repeat customers and customers who use purchase orders" on reverse). · A statement that the described property is being purchased for resale. The document must contain words that state the property will be resold or is for resale. The use of words such as nontaxable, tax-exempt, or similar terms is not acceptable. · The date of the document. · The signature of the purchaser, purchaser's employee, or authorized representative." http://www.boe.ca.gov/pdf/pub103.pdf If you are not comfortable writing up your own informal resale certificate, since you are in Missouri, you can get an official Missouri resale certificate, which will also be acceptable to the California seller. You'll want to file in Missouri anyway if you are shipping from Missouri to your buyer, to justify your not collecting Missouri sales tax when you sell. Here is the form: http://www.dor.mo.gov/tax/business/sales/forms/149.pdf and the instructions http://www.dor.mo.gov/tax/business/sales/forms/4789.pdf But frankly, if you know you're not making any taxable sales in Missouri, you might want to use the informal method with California and don't do the Missouri filings - - the forms are complicated and Missouri might tell you that you need to post a bond with them if you do apply. Finally, are you sure your California seller is going to collect sales tax in the first place? If you're ordering by telephone and assuming the seller has no Missouri office, I'll bet they don't! Search terms used: missouri sales tax resale site:.gov california sales tax resale site:.gov Thanks again for bringing us your question. If you find any of my answer unclear, I'd appreciate it if you would hold off on rating my answer until I have a chance to clarify it. Google Answers Researcher Richard-ga |
polonia-ga
rated this answer:
Clear and concise-- this is my first time using this service and I am VERY happy I did! |
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Subject:
Re: Sales tax refund for products purchased to export?
From: jilder-ga on 04 Jun 2004 22:07 PDT |
Are these exported components sold in Poland? Was a tax already colected from the California wholesaler? Use tax is imposed on the use, storage or consumption of tangible personal property shipped into Missouri from out of state. The state use tax rate is also imposed at a rate of 4.225%. In addition, cities and counties may impose local use tax. The amount of use tax paid on the transaction will depend on the combined local use tax rate in effect at the Missouri location to which the tangible personal property is shipped. Either the out-of-state seller will collect and remit the use tax directly to Missouri or the purchaser is responsible for remitting the tax to the department if the out-of-state seller does not collect use tax on the transaction. Local use taxes are distributed in the same manner as sales tax. Missouri cannot require out of state companies that do not have nexus or ?direct connection? with the state to collect and remit use tax. - from http://www.dor.mo.gov/tax/business/sales/ |
Subject:
Re: Sales tax refund for products purchased to export?
From: polonia-ga on 04 Jun 2004 22:15 PDT |
I appreciate the respone but I'm afraid I don't understand. The way this transaction will work is as follows: - I will pay a list price of about $100 per component-- I expect to pay a sales tax - I will either receive the package in Missouri or I will ask the California company to ship straight to Poland, where it will be sold - If I get charged a sales tax as I anticipate will I get that refunded when I export the product out of the US? Thanks for any additional clarification you might provide! |
Subject:
Re: Sales tax refund for products purchased to export?
From: jilder-ga on 05 Jun 2004 00:30 PDT |
I am not speaking to >tariffs< you may need to pay to the federal government... As for state sales tax, you will OWE NONE because sales tax is only paid on items you >use< yourself in your home or business. The components you are buying are for resale, meaning you are selling to others, not using yourself. You will not need to pay a sales tax to the California wholesaler... nor will they likely try to charge a sales tax on >any< out-of-state orders... If they do, informing the California wholesaler that you will be "reselling all the components on your order", will prevent them from charging any sales tax. They may insist on some paper work to prove that you indeed are a reseller or store. You will need to pay a use tax to the State of Missouri, >only if< you purchase any items used in your home or business (your computer, printer, fax etc...) and do NOT pay a sales tax at the time of purchase. |
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