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BizLawyerNate, Attorney
Category: Business Law
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Experience:  7 Years of Legal Experience Representing Small Business Owners
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I m having a hard time understanding the sales tax requirements

Resolved Question:

I m having a hard time understanding the sales tax requirements for online e-commerce and I am hoping you can help me.
I have an e-commerce website that I am launching this month.
I will be selling music downloads and photo downloads. All products are digital downloads.
I am based in New York State.
Am I required to charge sales tax for these products?

You're help in this would be appreciated.
Submitted: 6 years ago.
Category: Business Law
Expert:  BizLawyerNate replied 6 years ago.
Thank you for your question and welcome to Just Answer.

The only time you would have to charge sales tax is if a New York resident downloads your content. All other out of state transactions cannot be taxed by New York (or any other state) because of the commerce clause of the United States Constitution.

I am mindful that some states are trying to tax interstate transactions to raise revenue, but there is a constitutional prohibition against it.

So, all you need is a New York State Sales Tax ID number. And, you collect taxes only on transactions wholly within New York.

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

Also, please keep in mind I want you to be satisfied. Please continue to follow up with me if you need more clarification.


Nathan Moore
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