Use Tax for Non residents

  • Thread starter Dennis G. Rears
  • Start date

D

Dennis G. Rears

I am a New Jersey resident who is currently working in
Virginia on a 179 day work detail. I am a federal employee
(if that matters). I know if I buy things over the internet
and have them sent to my NJ residence I have to pay use tax
to NJ.

I am thinking of buying about 10K worth of merchandise over
the internet and having them delivered to my PO Box at Ft
Belvoir, VA. The merchandise is rare coins. Would I
legally owe use tax to Virginia? I know I don't have to pay
use tax to NJ if the goods don't enter NJ for at least a
year after purchase.

I am not a Virginia resident and I am living in different
hotels during my stay. Aside from my PO box I don't have an
address in VA that I stay at for more than 19 days at a
time.

dennis
 
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B

Benjamin Yazersky CPA

Dennis G. Rears said:
I am a New Jersey resident who is currently working in
Virginia on a 179 day work detail. I am a federal employee
(if that matters). I know if I buy things over the internet
and have them sent to my NJ residence I have to pay use tax
to NJ.

I am thinking of buying about 10K worth of merchandise over
the internet and having them delivered to my PO Box at Ft
Belvoir, VA. The merchandise is rare coins. Would I
legally owe use tax to Virginia? I know I don't have to pay
use tax to NJ if the goods don't enter NJ for at least a
year after purchase.

I am not a Virginia resident and I am living in different
hotels during my stay. Aside from my PO box I don't have an
address in VA that I stay at for more than 19 days at a
time.
Be careful, you could be a resident of both states. I am
not as familiar with VA rules for being a resident. If you
haven't abandoned your NJ residence, you are still
considered a NJ resident.

Generally, your presence in a state is what counts. Not how
long you sleep in a particular abode.

Generally, a resident state will allow a credit for use tax,
if it was paid to the other state. However, a differential
in rates between the various states can cause a residual
amount to still be subject to use tax.

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----
 
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K

Katie

Dennis said:
I am a New Jersey resident who is currently working in
Virginia on a 179 day work detail. I am a federal employee
(if that matters). I know if I buy things over the internet
and have them sent to my NJ residence I have to pay use tax
to NJ.

I am thinking of buying about 10K worth of merchandise over
the internet and having them delivered to my PO Box at Ft
Belvoir, VA. The merchandise is rare coins. Would I
legally owe use tax to Virginia? I know I don't have to pay
use tax to NJ if the goods don't enter NJ for at least a
year after purchase.

I am not a Virginia resident and I am living in different
hotels during my stay. Aside from my PO box I don't have an
address in VA that I stay at for more than 19 days at a
time.
Use tax is imposed for the privilege of using, consuming or
storing taxable property within the state. It sounds as
though you are purchasing the coins for use in New Jersey,
not Virginia. So you would owe use tax to NJ, not VA, even
though you take possession of the coins in VA.

However, you cannot avoid the use tax altogether by
purchasing the coins for use in NJ and then keeping them for
a year in VA. If you store the goods in VA, you owe use tax
to VA.

Katie in San Diego
 
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B

blah

You have to pay sales tax to Va if you buy something
directly in Va, even if you aren't a citizen...so it makes
sense you have to pay Use Tax to Va if you buy something
while in the state. I think it's 4.5% but it's been a few
years since i was there.

When you move to NJ, you might have to pay the difference (7
- 4.5 = 2.5%) to NJ, that I'm not sure about.

Dan
 
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K

Katie

Dennis said:
I am a New Jersey resident who is currently working in
Virginia on a 179 day work detail. I am a federal employee
(if that matters). I know if I buy things over the internet
and have them sent to my NJ residence I have to pay use tax
to NJ.

I am thinking of buying about 10K worth of merchandise over
the internet and having them delivered to my PO Box at Ft
Belvoir, VA. The merchandise is rare coins. Would I
legally owe use tax to Virginia? I know I don't have to pay
use tax to NJ if the goods don't enter NJ for at least a
year after purchase.

I am not a Virginia resident and I am living in different
hotels during my stay. Aside from my PO box I don't have an
address in VA that I stay at for more than 19 days at a
time.
We should probably also mention that if by chance the vendor
happens to be located or have a physical presence in
Virginia, VA sales or use tax will apply to the purchase.
The fact that the purchase is made over the internet has no
bearing on this. Neither does the residence of the
purchaser.

If the product is shipped from Virginia to a Virginia
address, Virginia sales tax will apply, the same as if you
had walked into a Virginia store and purchased the coins.
If the product is shipped from outside Virginia to a
Virginia address, and the seller has a physical presence in
Virginia, Virginia use tax will be collected by the seller.

If you pay Virginia sales or use tax on the purchase, and
take the coins to New Jersey less than a year later, New
Jersey should give you credit for the Virginia tax you paid.

Katie in San Diego
 
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D

Dennis G. Rears

Be careful, you could be a resident of both states. I am
not as familiar with VA rules for being a resident. If you
haven't abandoned your NJ residence, you are still
considered a NJ resident.
I haven't abandoned my NJ residence. I voted by absentee
ballot and I am home at least every third weekend.
Generally, your presence in a state is what counts. Not how
long you sleep in a particular abode.
I am essentially there for business only. Even on weekends
when I don't go to NJ I normally go to Maryland or DC.
Generally, a resident state will allow a credit for use tax,
if it was paid to the other state. However, a differential
in rates between the various states can cause a residual
amount to still be subject to use tax.
I don't have to worry about paying any use tax to NJ (My
residence) because the items I buy will not enter the state of
NJ until at least 1 year after I take delivery of it. The
question I have is about pay use tax to a state that I am
physically in but not a resident.

Dennis
 
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