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Technology Stocks : Dell Technologies Inc.
DELL 129.98-6.2%Dec 12 9:30 AM EST

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To: edamo who wrote (162153)10/16/2000 10:24:22 AM
From: rudedog  Read Replies (3) of 176387
 
ed - there has long been a "tacit exemption" for direct marketers who have no physical presence in a state. Several rulings both in the tax courts and in federal court have supported this notion. A company called MBI wich owns "The Danbury Mint, "Book of the month club" and other mail order properties has successfully fought this battle a number of times.

The rulings claim that it is an unfair burden for companies which have no physical presence in a state to have to determine local tax codes for those states, collect the tax, and distribute it to the local taxing authorities. This does not exempt the customers from their tax liability but it does mean that the collection burden falls on the state or municipal authorities to actually collect the money from the customers, and they can not look to the vendor for anything beyond the record of sale.

While you are correct that those authorities can look at DELL's sales to determine what customers owe, they can not ask DELL to either collect the taxes or even track what those taxes ought to be, under current rulings.
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