Discussion Forum: Thread 316970

 Author: BrownBoxes View Messages Posted By BrownBoxes
 Posted: Feb 9, 2022 10:08
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BrownBoxes (2)

Location:  USA, Texas
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 Author: peregrinator View Messages Posted By peregrinator
 Posted: Feb 9, 2022 10:12
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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peregrinator (772)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
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Store: Faber Family Bricks
What is the law that BrickLink is violating? A seller is not obligated to accept
a sales tax exemption. I'll add that I think BL *should* accept them, but
they are not legally required to do so.

In Help, BrownBoxes writes:
  I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink support won't do it (BL doesn't process payments), PayPal or
Stripe will. If you don't want the seller to be hit with the chargeback,
then don't do it.
 Author: yorbrick View Messages Posted By yorbrick
 Posted: Feb 9, 2022 10:19
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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yorbrick (1182)

Location:  United Kingdom, England
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  I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

Bricklink doesn't take your payment, the seller does. So sellers would probably
be best to stoplist you to stop you doing chargebacks after you receive the items
they sell you.
 Author: Tracyd View Messages Posted By Tracyd
 Posted: Feb 9, 2022 10:23
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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Tracyd (418)

Location:  USA, Texas
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May 29, 2003 Contact Member Seller
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Store Closed Store: Tracyd's
In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale, but
we are new to using BrickLink for sourcing. We are a registered corporation and
reseller all of the required forms to be exempt from Sales Tax on orders of LEGO
products.

Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink Support told me that they have no method to process Sales Tax refunds...
lol...

Anyone else have difficulty with BrickLink support being humorously bad?


You have no bases for a chargeback so what you are doing is technically fraud.
You will be violating TOS in spirit at the very least.
  How do you claim your sales tax refunds when using BrickLink?
 Author: popsicle View Messages Posted By popsicle
 Posted: Feb 9, 2022 10:33
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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popsicle (6658)

Location:  USA, Washington
Member Since Contact Type Status
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Store: ConstrucToys
It does need to be handled sooner rather than later. For the many that hold their
state’s resell certificate come obligations: https://www.bricklink.com/message.asp?ID=1240071

https://www.bricklink.com/message.asp?ID=1275677

https://www.bricklink.com/message.asp?ID=1228728

State Boards of Equalization are notorious for being without flex or the ability
to understand nuances



In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale, but
we are new to using BrickLink for sourcing. We are a registered corporation and
reseller all of the required forms to be exempt from Sales Tax on orders of LEGO
products.

Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink Support told me that they have no method to process Sales Tax refunds...
lol...

Anyone else have difficulty with BrickLink support being humorously bad?

How do you claim your sales tax refunds when using BrickLink?
 Author: leopard37 View Messages Posted By leopard37
 Posted: Feb 9, 2022 10:38
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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leopard37 (4528)

Location:  Canada, Alberta
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Store: Leopard37


So I guess the feedback that Canadian sales tax would be after the EU is a pipe
dream if this is a year late...

Sigh, the 'other' site took a couple month and apologized for the delay.

Tyson.
 
 Author: popsicle View Messages Posted By popsicle
 Posted: Feb 9, 2022 11:06
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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popsicle (6658)

Location:  USA, Washington
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Store: ConstrucToys
In Help, leopard37 writes:
  

So I guess the feedback that Canadian sales tax would be after the EU is a pipe
dream if this is a year late...

Sigh, the 'other' site took a couple month and apologized for the delay.

Other site?
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Feb 9, 2022 11:09
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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1001bricks (52308)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
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Store: 1001bricks
  
  Sigh, the 'other' site took a couple month and apologized for the delay.

Other site?

People don't understand the rules: links aren't allowed, names are.
Of course if you're not actively promoting a concurrent

So it can be either BrickOwl, Amazon, eBay, Facebook, Google, whetever.
 Author: popsicle View Messages Posted By popsicle
 Posted: Feb 9, 2022 11:21
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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popsicle (6658)

Location:  USA, Washington
Member Since Contact Type Status
Feb 21, 2006 Contact Member Seller
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Store: ConstrucToys
In Help, 1001bricks writes:
  
  
  Sigh, the 'other' site took a couple month and apologized for the delay.

Other site?

People don't understand the rules: links aren't allowed, names are.
Of course if you're not actively promoting a concurrent

"not actively promoting a competitor" understandable. "People don't understand
the rules" also understandable, to a degree.

  
So it can be either BrickOwl, Amazon, eBay, Facebook, Google, whatever.

Yeah, got that. Wondering which Tyson was referring to, with the apology?

Thanks, Sylvain
 Author: popsicle View Messages Posted By popsicle
 Posted: Feb 9, 2022 13:01
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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popsicle (6658)

Location:  USA, Washington
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Store: ConstrucToys
In Help, popsicle writes:
  In Help, 1001bricks writes:
  
  
  Sigh, the 'other' site took a couple month and apologized for the delay.

Other site?

People don't understand the rules: links aren't allowed, names are.
Of course if you're not actively promoting a concurrent

"not actively promoting a competitor" understandable. "People don't understand
the rules" also understandable, to a degree.

  
So it can be either BrickOwl, Amazon, eBay, Facebook, Google, whatever.

Yeah, got that. Wondering which Tyson was referring to, with the apology?

Thanks, Sylvain

Apparently it's Brick Owl (informed via pm)
 Author: cosmicray View Messages Posted By cosmicray
 Posted: Feb 9, 2022 11:42
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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cosmicray (3492)

Location:  USA, Florida
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Store: Cosmic Toys
In Help, popsicle writes:
  It does need to be handled sooner rather than later.

There are two schools of thought here (possibly more), but here goes ...

If someone is using BL as part of their supply chain (for resale), the complaint
seems to be "you just increased my costs, and I have no way to get it back !"
That is not true. The collection of sales tax actually increased your basis.
Everything in your inventory has basis (for accounting purposes). If you have
no method to recover that sales tax paid, it becomes part of the basis for that
item.

As a practical example ... a set is listed on BL for $10. You know where to sell
it for $50. But BL caused sales tax to be collected (of $1). Your basis in that
set is $11. That contributes to your COGS (cost of goods sold). Your investment
in that set is $11. When you sell it, you get to claim the $11 as COGS, so you
pay income tax on the differential ($39). When you sell that set, you are recovering
your investment and (hopefully) turning a profit. in one sense, it all comes
back to you, but later not sooner.

The people who the current BL policy is hurting the most are (presumably) not
the people buying for resale, but the people who are tax-exempt (because they
are a church, school, or some other not for profit organization). They may have
their own way of claiming tax from the state (and I have not looked into that,
but it would not surprise me).

I am not a CPA or tax attorney, so review what I'm saying above to confirm
it.

Nita Rae
 Author: axaday View Messages Posted By axaday
 Posted: Feb 11, 2022 08:45
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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axaday (7301)

Location:  USA, Oklahoma
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Jun 28, 2005 Contact Member Seller
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Store Closed Store: Axaday
In Help, cosmicray writes:
  As a practical example ... a set is listed on BL for $10. You know where to sell
it for $50. But BL caused sales tax to be collected (of $1). Your basis in that
set is $11. That contributes to your COGS (cost of goods sold). Your investment
in that set is $11. When you sell it, you get to claim the $11 as COGS, so you
pay income tax on the differential ($39). When you sell that set, you are recovering
your investment and (hopefully) turning a profit. in one sense, it all comes
back to you, but later not sooner.

It is true, but it doesn't come out even. Ideally, we should be income tax
exempt for resale. If we pay it, we can deduct it from taxable income, but that's
a deduction, not a credit. So all you get back on your taxes is your marginal
tax rate on the sales tax amount. The numbers in your example are little, so
it will look a little silly, but you can multiply it out to reality. I'm
going to roughly use my own tax rates for calculations. 6% State, 22% Federal,
15% FICA. That's 43% tax rate. If you pay $10 and are sales tax exempt
and sell for $50, you have basis $10, profit $40, taxable income $40, tax bill
$17.20, total profit $22.80. If you have to pay the sales tax you have basis
$11, profit $39, taxable income $39, tax bill $16.77, total profit $22.23. If
every inventory you sell is purchased on Bricklink and you pay the taxes, 2.5%
of your realized profit disappears.

You know I am still buying sets on Bricklink. If that is the best deal, I do
it. But I buy a lot more on eBay and Amazon and Walmart where I don't have
to pay sales tax because they are more likely to be the best deal.
 Author: popsicle View Messages Posted By popsicle
 Posted: Feb 9, 2022 12:51
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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popsicle (6658)

Location:  USA, Washington
Member Since Contact Type Status
Feb 21, 2006 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: ConstrucToys
In Help, popsicle writes:
  It does need to be handled sooner rather than later. For the many that hold their
state’s resell certificate come obligations: https://www.bricklink.com/message.asp?ID=1240071

https://www.bricklink.com/message.asp?ID=1275677

https://www.bricklink.com/message.asp?ID=1228728

State Boards of Equalization are notorious for being without flex or the ability
to understand nuances

I would add: especially the tax boards of states such as the OP's. Texas,
with no individual income tax, rely more heavily on their sales, use and property
taxes for needed revenue. In other words, greater enforcement.

  


In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale, but
we are new to using BrickLink for sourcing. We are a registered corporation and
reseller all of the required forms to be exempt from Sales Tax on orders of LEGO
products.

Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink Support told me that they have no method to process Sales Tax refunds...
lol...

Anyone else have difficulty with BrickLink support being humorously bad?

How do you claim your sales tax refunds when using BrickLink?
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Feb 9, 2022 10:40
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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tons_of_bricks (12743)

Location:  USA, Missouri
Member Since Contact Type Status
Jan 12, 2016 Contact Member Seller
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Store: Tons of Bricks (GDM)
In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?


  
Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

As others have pointed out, Bricklink technically does not have to accept resale
certificates; they are breaking any laws.

  
I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

That statement there is going to get a lot of sellers to block you quick (myself
included). Perhaps Bricklink isn't the place to buy if you're that serious
about not being charged tax.
 Author: tons_of_bricks View Messages Posted By tons_of_bricks
 Posted: Feb 9, 2022 10:40
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tons_of_bricks (12743)

Location:  USA, Missouri
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Store: Tons of Bricks (GDM)
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 Author: pitz8008 View Messages Posted By pitz8008
 Posted: Feb 9, 2022 11:07
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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pitz8008 (14744)

Location:  USA, Illinois
Member Since Contact Type Status
Dec 30, 2009 Contact Member Seller
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Store: 0 The Pitz Playhouse
In Help, firestar246 writes:
  In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?


  
Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

As others have pointed out, Bricklink technically does not have to accept resale
certificates; they are breaking any laws.

  
I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

That statement there is going to get a lot of sellers to block you quick (myself
included). Perhaps Bricklink isn't the place to buy if you're that serious
about not being charged tax.

Myself as well.
 Author: bigasbricks View Messages Posted By bigasbricks
 Posted: Feb 10, 2022 21:43
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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bigasbricks (13707)

Location:  USA, Michigan
Member Since Contact Type Status
Feb 16, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: bigasbricks
Stoplist +1

In Help, pitz8008 writes:
  In Help, firestar246 writes:
  In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?


  
Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

As others have pointed out, Bricklink technically does not have to accept resale
certificates; they are breaking any laws.

  
I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

That statement there is going to get a lot of sellers to block you quick (myself
included). Perhaps Bricklink isn't the place to buy if you're that serious
about not being charged tax.

Myself as well.
 Author: Llewyn View Messages Posted By Llewyn
 Posted: Feb 9, 2022 12:32
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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Llewyn (203)

Location:  United Kingdom, England
Member Since Contact Type Status
Jan 14, 2018 Contact Member Seller
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Store: Sherburn Sets
In Help, firestar246 writes:
  That statement there is going to get a lot of sellers to block you quick (myself
included). Perhaps Bricklink isn't the place to buy if you're that serious
about not being charged tax.

Once the seller(s) they defraud leaves them negative feedback, I suspect the
rest of us won't need to worry too much about stoplisting them!
 Author: runner.caller View Messages Posted By runner.caller
 Posted: Feb 9, 2022 10:46
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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runner.caller (2641)

Location:  USA, South Dakota
Member Since Contact Type Status
Jan 18, 2014 Contact Member Seller
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Store: A Minifig Galore Store
  In Help, BrownBoxes writes:
I will unfortunately have to do a credit card chargeback, which BrickLink support

will probably push onto the seller (which is not what I want at all).

"I shouldn't have to pay sales tax, and Bricklink isn't helping, so
I'm gonna put that responsibly on the seller"


Bet this gets you stoplisted from a few places.

I understand the frustration, but I don't agree with this method.

So the state gets to keep their money, and you get the sales tax paid back via
a chargeback, but the paypal transaction on the seller's side already collected
and then deducted the sales tax leaving them with their net amount.

This scenario results in the chargeback coming out of that net amount with the
seller ultimately paying the sales tax out of their net.
 Author: cosmicray View Messages Posted By cosmicray
 Posted: Feb 9, 2022 11:11
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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cosmicray (3492)

Location:  USA, Florida
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Store: Cosmic Toys
In Help, BrownBoxes writes:
  Anyone else have difficulty with BrickLink support being humorously bad?

Wow, you must be new here.

  How do you claim your sales tax refunds when using BrickLink?

Many states will allow you to claim credit for tax you paid, against tax you
collect. Now, if the only place you will be selling, is on BL (or eBay or Amazon)
where the site is already collecting/remitting the sales tax, then you have no
collected tax to claim a credit against. It's called a catch-22 situation.

If you really want to pick a fight with BL, expect your account to be suspended
(at best) or your lawyers and their lawyers will have a very long round of golf
(at worst). I wish you luck, but your coming out of the gate attitude suggests
it's going to be dramatic and spectacular. I will buy lots of popcorn.

Nita Rae
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Feb 9, 2022 11:14
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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1001bricks (52308)

Location:  France, Provence-Alpes-Côte d'Azur
Member Since Contact Type Status
Sep 6, 2005 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: 1001bricks
  I will buy lots of popcorn.

Count me in!
My body is ready.
 Author: peregrinator View Messages Posted By peregrinator
 Posted: Feb 10, 2022 14:24
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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peregrinator (772)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
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Store: Faber Family Bricks
In Help, 1001bricks writes:
  
  I will buy lots of popcorn.

Count me in!
My body is ready.

#WholeGrain #fiber
 Author: Play_It_Again View Messages Posted By Play_It_Again
 Posted: Feb 9, 2022 11:23
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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Play_It_Again (4964)

Location:  USA, Kansas
Member Since Contact Type Status
Nov 6, 2016 Contact Member Seller
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Store Closed Store: Play It Again Bricks
In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale,
 
 Author: Adjour View Messages Posted By Adjour
 Posted: Feb 10, 2022 12:13
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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Adjour (2457)

Location:  USA, Tennessee
Member Since Contact Type Status
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Store: The Chili is a Bit Spicy
In Help, monica4391 writes:
  In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale,


Took it right out of my brain.


On a serious note, I see no reason to throw that number out there except for
attention.


Which we all have graciously provided.


That, plus the ridiculous claim for chargingback the seller (from a supposed
seasoned seller who would know better) screams satire to me.


.02
 Author: Macaronis View Messages Posted By Macaronis
 Posted: Feb 10, 2022 14:48
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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Macaronis (725)

Location:  USA, New York
Member Since Contact Type Status
Jun 13, 2002 Contact Member Seller
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Store Closed Store: Midnight Leftovers
In Help, Adjour writes:
  In Help, monica4391 writes:
  In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale,


Took it right out of my brain.


On a serious note, I see no reason to throw that number out there except for
attention.


Which we all have graciously provided.


That, plus the ridiculous claim for chargingback the seller (from a supposed
seasoned seller who would know better) screams satire to me.




When I read it and looked as the buyers feedback I thought I was reading an article
from "The Onion"

  
.02
 Author: CPgolfaddict View Messages Posted By CPgolfaddict
 Posted: Feb 9, 2022 12:18
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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CPgolfaddict (6589)

Location:  USA, North Carolina
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If the legal advice you are getting is that sellers and marketplaces are obligated
to accept sales tax exemption certificates, you should start a charge back for
legal fees paid.

That said.... BL.... I want this feature implemented too!

In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale, but
we are new to using BrickLink for sourcing. We are a registered corporation and
reseller all of the required forms to be exempt from Sales Tax on orders of LEGO
products.

Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink Support told me that they have no method to process Sales Tax refunds...
lol...

Anyone else have difficulty with BrickLink support being humorously bad?

How do you claim your sales tax refunds when using BrickLink?
 Author: pdr507 View Messages Posted By pdr507
 Posted: Feb 9, 2022 12:44
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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pdr507 (1768)

Location:  USA, Virginia
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In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale, but
we are new to using BrickLink for sourcing. We are a registered corporation and
reseller all of the required forms to be exempt from Sales Tax on orders of LEGO
products.

Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink Support told me that they have no method to process Sales Tax refunds...
lol...

Anyone else have difficulty with BrickLink support being humorously bad?

How do you claim your sales tax refunds when using BrickLink?

Rather than doing chargebacks against sellers for this, a sketchy idea at best,
especially since you will be negatively impacting sellers who largely have no
dog in the fight, may I suggest instead following the TX Comptroller's process
for recovering the funds when a permitted purchaser pays sales tax.

Follow the process established by your state for this scenario; don't issue
chargebacks against innocent/impartial sellers.
 Author: J_Money View Messages Posted By J_Money
 Posted: Feb 10, 2022 15:06
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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J_Money (10450)

Location:  USA, Virginia
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In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale, but
we are new to using BrickLink for sourcing. We are a registered corporation and
reseller all of the required forms to be exempt from Sales Tax on orders of LEGO
products.

Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink Support told me that they have no method to process Sales Tax refunds...
lol...

Anyone else have difficulty with BrickLink support being humorously bad?

So in short there will NEVER be a tax exemption here on BL. Although I agree
with most and there should be, LEGO itself doesn't want its product sold
to resellers. I only know first hand as I know someone at LEGO. Primarily why
if you shop on LEGO.COM you'll see limits on EVERYTHING. So no matter if
its a keychain or Creator set, when their having a Black Friday special or
Christmas in July sale you will always shop as a consumer and be limited on buying
in bulk. Sure they deal with big box companies like Wally's World and Target
but smaller based business is a NO-GO. Personally my opinion is this is just
dumb given the reseller market provides the hard to get and long ago retired
sets that bring attention and add excitement to the atmosphere of LEGO... But
anyways, moving on.

Personally I think its gross the amount of times a product is taxed but I don't
see it getting any better.... Product is taxed when its originally bought. Sure
there's 2% of the market that goes under the radar but from the products
place of origin 98% of taxes are paid out the gate. Then its taxed again when
sold here on BL! And then it gets hit thrice when you sell it again. Almost makes
you want to have another Tea Party don't it! ROFL!!


  
How do you claim your sales tax refunds when using BrickLink?
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Feb 10, 2022 15:34
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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1001bricks (52308)

Location:  France, Provence-Alpes-Côte d'Azur
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  So in short there will NEVER be a tax exemption here on BL.

Never say never!
BrickLink time is more like the geological one.
Dinosaurs just disappeared, bacteria already have their Shops, I'm one of
the first frogs


  Although I agree
with most and there should be, LEGO itself doesn't want its product sold
to resellers.

This, also.


  Personally I think its gross the amount of times a product is taxed but I don't
see it getting any better.... Product is taxed when its originally bought. Sure
there's 2% of the market that goes under the radar but from the products
place of origin 98% of taxes are paid out the gate. Then its taxed again when
sold here on BL! And then it gets hit thrice when you sell it again. Almost makes
you want to have another Tea Party don't it! ROFL!!

Please read about how works VAT.
https://en.wikipedia.org/wiki/Value-added_tax

You're VERY lucky in US.

In short VAT is a tax paid on EVERY transaction (even of the same product, 100
times if you wish).

Oh brave New World!

G'luck!
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: Feb 10, 2022 16:19
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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SylvainLS (46)

Location:  France, Nouvelle-Aquitaine
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In Help, 1001bricks writes:
  […]
Please read about how works VAT.
https://en.wikipedia.org/wiki/Value-added_tax

You're VERY lucky in US.

In short VAT is a tax paid on EVERY transaction (even of the same product, 100
times if you wish).

Oh brave New World!

G'luck!

On the contrary, I find the VAT system better: you may always pay but you can
deduct and be refunded.
Sellers don’t have to manage their clients’ certificates.  If they do a 0%-VAT
sale, they just need the client’s VAT number.

Indeed, I think it was one “selling point” for VAT: to get rid of certificates
and rules about when it’s due or not and, in the end, you only pay tax on the
added-value.
No taxes on taxes, no difficulty to know who is a “end user” (the one who actually
pays the tax).

The problem is accounting, with all the exemptions and different rates that get
added with time.

It can also be higher than Sales tax before people try to evade it.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Feb 10, 2022 17:03
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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1001bricks (52308)

Location:  France, Provence-Alpes-Côte d'Azur
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  On the contrary, I find the VAT system better: you may always pay but you can
deduct and be refunded.

In practice, not.
There's a cascade of *different* VATs paid / not paid / "refunded" = deducted
in fact (or not), that will be applied on many/every transaction.


Anyway...

My POV was that - at least 20 years ago ha ha - Sales Tax (US/CAN for ex) were
applied "in a cool manner" and in some specific cases.

In EU, VAT is applied on everything, including food, gas, power, water, internet,
everywhere, everytime.

In a Country where it's 20%, it's a 20% (ok I know the reduced rate..)
tax everywhere, everytime.

But you know this Sylvain (it's for other readers).
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: Feb 10, 2022 17:36
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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SylvainLS (46)

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In Help, 1001bricks writes:
  
  On the contrary, I find the VAT system better: you may always pay but you can
deduct and be refunded.

In practice, not.

Well, I asked and got a refund when I closed my businness.  It wasn’t millions,
I think only around €1000 or €2000, so that may explain why it was smooth and
easy.
You can also easily get a refund when you start your business (as you generally
invest way more in the beginning).
Deductible VAT can also be reported year from year: it’s not lost at the end
of the year if you didn’t sell enough that year.

What I meant is that it has been said here several times that Sales tax is not
refundable and you can only deduct it from tax actually collected.
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Feb 10, 2022 18:25
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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1001bricks (52308)

Location:  France, Provence-Alpes-Côte d'Azur
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  Deductible VAT can also be reported year from year: it’s not lost at the end
of the year if you didn’t sell enough that year.

Still yes/no

Alfred is a consumer, he buys a Set 100€ with say 17€ VAT.
17€ are paid forever.

He resells the Set 1 year later to Bob, a pro, 100€ but no VAT can be deducted
(C2B).
No tax here.

Bob resells it 1 year later to Charles, a pro, 200€ with 34€ tax.
34€ taxes are paid, then deducted later on.
Neutral in taxes.

Charles sells it 1 year later 400€ with 66€ tax.
It's bough by Dave, a consumer.
66€ are paid, forever.

In short, this 100€ Set has generated 17€ + 66€ taxes, (almost the same amount
of its initial value).

Imagine the same thing with various actors, some amateurs, pros with VAT, without
VAT, and imagine this Set is part-outed and the Marketplace charges 3% of fees
including VAT!

That makes a zillion of cases of taxes paid/not paid/refundable/not refundable.

But the system is built as, in general and statistically, taxes bring more income
than they pay back (of course).

Just like as in a Casino: the Casino always win (big numbers theory).

And unlike the Casino, taxes (VAT) is everywhere here, not limited to a couple
of sick players AND can be paid twice or more (see my example) for every
item.
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: Feb 10, 2022 19:02
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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SylvainLS (46)

Location:  France, Nouvelle-Aquitaine
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In Help, 1001bricks writes:
  […]
Still yes/no

Alfred is a consumer, he buys a Set 100€ with say 17€ VAT.
17€ are paid forever.

He resells the Set 1 year later to Bob, a pro, 100€ but no VAT can be deducted
(C2B).
No tax here.

Bob resells it 1 year later to Charles, a pro, 200€ with 34€ tax.
34€ taxes are paid, then deducted later on.
Neutral in taxes.

One mistkae here: Bob is buyinng Used and selling as New while there’s absolutely
no transformation.  Bob should use the margin scheme and only collect VAT on
the 100€ difference, thus compensating the 17€ paid when the Set was bought by
Alfred.


  Charles sells it 1 year later 400€ with 66€ tax.
It's bough by Dave, a consumer.
66€ are paid, forever.

In short, this 100€ Set has generated 17€ + 66€ taxes, (almost the same amount
of its initial value).

Specious formulation: the €400 set (as it’s its last price) generated
€17 + €66 in taxes and the €17 were because Bob didn’t choose the right scheme.

What can be said though is that the €400 set generated €17 + €17 (or €34 because
Bob is dumb) + €66 of taxes, of which €34 were recouped.


  Imagine the same thing with various actors, some amateurs, pros with VAT, without
VAT, and imagine this Set is part-outed and the Marketplace charges 3% of fees
including VAT!

And how is that different/better with Sales tax (which was your first point)?

If you take the unbroken chain: Producer - professional resellers… - end consumer. 
There’s no difference on the amount, only in the process:
— with Sales tax, only the last reseller collect and remitt the whole tax,
— with VAT, each producer & reseller collects their part of the tax.

If you break the chain in multiple chains, inserting end consumers in between. 
Sales tax is collected each time the chain is broken (each time it’s sold to
an end consumer).  VAT can at least join up the chains with the margin scheme.
Seems to me VAT wins


  That makes a zillion of cases of taxes paid/not paid/refundable/not refundable.

But the system is built as, in general and statistically, taxes bring more income
than they pay back (of course).

Just like as in a Casino: the Casino always win (big numbers theory).

And unlike the Casino, taxes (VAT) is everywhere here, not limited to a couple
of sick players AND can be paid twice or more (see my example) for every
item.

And we all die in the end too….
 Author: antant7 View Messages Posted By antant7
 Posted: Feb 10, 2022 19:21
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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antant7 (632)

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In Help, SylvainLS writes:
  In Help, 1001bricks writes:
  […]
Still yes/no

Alfred is a consumer, he buys a Set 100€ with say 17€ VAT.
17€ are paid forever.

He resells the Set 1 year later to Bob, a pro, 100€ but no VAT can be deducted
(C2B).
No tax here.

Bob resells it 1 year later to Charles, a pro, 200€ with 34€ tax.
34€ taxes are paid, then deducted later on.
Neutral in taxes.

One mistkae here: Bob is buyinng Used and selling as New while there’s absolutely
no transformation.  Bob should use the margin scheme and only collect VAT on
the 100€ difference, thus compensating the 17€ paid when the Set was bought by
Alfred.


  Charles sells it 1 year later 400€ with 66€ tax.
It's bough by Dave, a consumer.
66€ are paid, forever.

In short, this 100€ Set has generated 17€ + 66€ taxes, (almost the same amount
of its initial value).

Specious formulation: the €400 set (as it’s its last price) generated
€17 + €66 in taxes and the €17 were because Bob didn’t choose the right scheme.

What can be said though is that the €400 set generated €17 + €17 (or €34 because
Bob is dumb) + €66 of taxes, of which €34 were recouped.


And it gets even better (I think). If Alfred bought a €50 set, paid €8.50 VAT,
Bob used the margin scheme when he bought the set for €100, the Value Added to
the set by Alfred is never taxed, is it?
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: Feb 11, 2022 09:07
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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SylvainLS (46)

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In Help, antant7 writes:
  […]
And it gets even better (I think). If Alfred bought a €50 set, paid €8.50 VAT,
Bob used the margin scheme when he bought the set for €100, the Value Added to
the set by Alfred is never taxed, is it?

You’re right, it’s even better… especially for Alfred
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Feb 10, 2022 19:55
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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1001bricks (52308)

Location:  France, Provence-Alpes-Côte d'Azur
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  Alfred is a consumer, he buys a Set 100€ with say 17€ VAT.
17€ are paid forever.

He resells the Set 1 year later to Bob, a pro, 100€ but no VAT can be deducted
(C2B).
No tax here.

Bob resells it 1 year later to Charles, a pro, 200€ with 34€ tax.
34€ taxes are paid, then deducted later on.
Neutral in taxes.

One mistkae here: Bob is buyinng Used and selling as New while there’s absolutely
no transformation.  Bob should use the margin scheme and only collect VAT on
the 100€ difference, thus compensating the 17€ paid when the Set was bought by
Alfred.

I didn't know margin scheme existed in France.
And anyway an amateur often doesn't provide any Invoice.

It's already difficult to account something you've bought to a consumer;
but if you also reduce your VAT (decreasing money for your government), I guess
it's even more difficult, dangerous and has to be proven.


  Specious formulation

No, the one from regular companies here, the one not using margin scheme


  And how is that different/better with Sales tax (which was your first point)?

I don't know how it works now, but as I remember it, Sales taxes aren't
included in the price, so it's applied in some cases...

See - BL just implemented 1 year ago (?) while BL is 20 years old

And that's the with Sales Tax (in my HUMBLE opinion here):
* it's applied once (as you say further down)
* in practice, it was applied... uhh frequently but not always.

VAT can be applied 10 times and is included by Law in the Price.



  Seems to me VAT wins

This, exactly.


  And we all die in the end too…

Which isn't the problem.
The problem is to live before.
And I must admit, taxes don't help
 Author: yorbrick View Messages Posted By yorbrick
 Posted: Feb 11, 2022 10:36
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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yorbrick (1182)

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  It's bough by Dave, a consumer.

It's just as well it wasn't bought by Donald, as then the tax situation
becomes really complicated and he won't show you his tax returns either.
 Author: popsicle View Messages Posted By popsicle
 Posted: Feb 10, 2022 19:48
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popsicle (6658)

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In Help, J_Money writes:
  In Help, BrownBoxes writes:
  Has anyone noticed that BrickLink Support is terrible?

We purchase approximately $1m worth of LEGO products per year for resale, but
we are new to using BrickLink for sourcing. We are a registered corporation and
reseller all of the required forms to be exempt from Sales Tax on orders of LEGO
products.

Even after providing our sales tax exemption certification and pointing BrickLink
Support to the state laws that require vendors to ACCURATELY collect and remit
sales tax, they still won't do it.

I will unfortunately have to do a credit card chargeback, which BrickLink support
will probably push onto the seller (which is not what I want at all).

BrickLink Support told me that they have no method to process Sales Tax refunds...
lol...

Anyone else have difficulty with BrickLink support being humorously bad?

So in short there will NEVER be a tax exemption here on BL. Although I agree
with most and there should be, LEGO itself doesn't want its product sold
to resellers. I only know first hand as I know someone at LEGO. Primarily why
if you shop on LEGO.COM you'll see limits on EVERYTHING. So no matter if
its a keychain or Creator set, when their having a Black Friday special or
Christmas in July sale you will always shop as a consumer and be limited on buying
in bulk. Sure they deal with big box companies like Wally's World and Target
but smaller based business is a NO-GO. Personally my opinion is this is just
dumb given the reseller market provides the hard to get and long ago retired
sets that bring attention and add excitement to the atmosphere of LEGO... But
anyways, moving on.

I understand what you’re getting at, but the thinking is flawed. It’s a reasonable
assumption, however…

While they may resist cutouts for those that hold resell certificates here on
what is a Lego-owned site, there’s presently no grounds to deny them. Lego can
apply terms for purchases made directly from them, but buying from BL vendors
that are in the resell-chain, falls outside of that purview. Unless they direct
BL to further modify it’s TOS in this regard, which would be even more nonsensical,
imho.

In other words, they need to pressure the third-party they’ve contracted with,
to handle the matter toot sweet. I’ve no dog in this fight, but I really don’t
understand the delay in the application. Doing so, they’re opening themselves
up to lawsuits from multiple states. I can’t make sense of it, frankly.
  
Personally I think its gross the amount of times a product is taxed but I don't
see it getting any better.... Product is taxed when its originally bought. Sure
there's 2% of the market that goes under the radar but from the products
place of origin 98% of taxes are paid out the gate. Then its taxed again when
sold here on BL! And then it gets hit thrice when you sell it again. Almost makes
you want to have another Tea Party don't it! ROFL!!

I like this!

  

  
How do you claim your sales tax refunds when using BrickLink?
 Author: 1001bricks View Messages Posted By 1001bricks
 Posted: Feb 10, 2022 20:09
 Subject: Re: BrickLink is Actively Violating Sales Tax Law
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1001bricks (52308)

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  While they may resist cutouts for those that hold resell certificates here on
what is a Lego-owned site, there’s presently no grounds to deny them.

I guess the problem is that LEGO is a private company, and the BL site is free
to use (not freely) AS IS (you know: DISCLAIMER).

AS IS meaning if you can't deduct whatever taxes, or can't use
anything you'd wish or even need, you simply can stop to use the said site.

And I don't think they're legally obliged to provide what you're
talking about.

WHY they don't provide it, or why not now... is another question.

The most probable answer is Occam's one: this is marginal for them/the site,
and they're already overloaded.

Sorry.
 Author: popsicle View Messages Posted By popsicle
 Posted: Feb 10, 2022 20:14
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popsicle (6658)

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In Help, 1001bricks writes:
  
  While they may resist cutouts for those that hold resell certificates here on
what is a Lego-owned site, there’s presently no grounds to deny them.

I guess the problem is that LEGO is a private company, and the BL site is free
to use (not freely) AS IS (you know: DISCLAIMER).

AS IS meaning if you can't deduct whatever taxes, or can't use
anything you'd wish or even need, you simply can stop to use the said site.

And I don't think they're legally obliged to provide what you're
talking about.

WHY they don't provide it, or why not now... is another question.

The most probable answer is Occam's one: this is marginal for them/the site,
and they're already overloaded.

Sorry.

Solid logic. The Occam's razor principle might play here, don't know
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