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Fri Jan 5 2018 22:29:29

Etsy Springs Sales Tax Surprise on Sellers

By: Ina Steiner

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As we reported, Amazon began collecting Washington sales tax on behalf of third-party merchants beginning January 1, 2018. What we didn't know until today is that Etsy is also collecting Washington state sales tax for its sellers, even those located overseas - and it's causing confusion and concern among sellers.

Note: see update below.

Some sellers discussing the new practice on Etsy boards said it came as a surprise because the company hadn't notified them about the change. We asked Etsy today, and a spokesperson sent us a link to a help file and said they'd get back to us with answers to our questions.

One reader was unhappy with the change in part because Etsy charged payment processing fees on the tax portion of the transaction, even though the transaction was made through Etsy Payments (where Etsy is the merchant of record), not through "standalone PayPal," which would be her own PayPal account.

The Washington Department of Revenue states, "Marketplace facilitators that collect sales tax on third-party sales must pay the sales tax directly to the Department of Revenue. They may not give the collected sales tax to their marketplace sellers."

The seller said because Etsy collects the tax, it gets to use the amount collected until remittance time - "So why do I have to pay fees on the cash flow that Etsy gets to use until they have to pay WA state???"

We found one thread where an Etsy moderator addressed a question about the new practice:

"To clarify, with standalone PayPal orders, the sales tax is charged to the buyer and included in the payment you receive in your PayPal account. We then place an equal charge on your monthly bill to recoup the sales tax that was charged to the buyer. Then, Etsy is required to submit to the State of Washington. Thanks!"

He didn't address what happens in cases where orders go through Etsy Payments.

One seller from the UK was irate that they would have to pay sales tax for Washington state. Another seller was concerned that Etsy would be reporting the tax on 1099-Ks to the IRS as income, "So I'll have to explain why my 1099-K is higher than what I report and actually bring in."

TaxJar reported in November that Amazon would begin collecting Washington state sales tax and is following the issue on this blog post.

Have you checked your statements to see if the venues on which you sell are collecting Washington sales tax on your behalf?

Update 1/9/18: Etsy provided us with the following statement on Monday:

"On January 1, 2018, Etsy began collecting and remitting Washington state sales tax on behalf of all sellers selling to Washington buyers, per new WA state legislation. No action is required by Etsy sellers and they will no longer be able to collect and remit tax on goods sold to buyers in WA state; however, sellers will continue to be responsible for researching their local laws about collecting and reporting taxes for their Etsy sales for all other states. For more information, sellers can refer to our Sales Tax for Washington State help article."



Comments (19) | Permalink

Readers Comments

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by: Studiolines This user has validated their user name.

Fri Jan 5 23:15:32 2018

I would much rather they collect and remit than myself have to do the paperwork. The 3.0% CC Processing on such an incidental amount as sales tax on an average purchase is pennies, that being the trade off for not having to collect and remit myself is absolutely a ok to me.  

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by: FeelingFroggy This user has validated their user name.

Sat Jan 6 02:51:36 2018

Fine by me. I have enough paperwork to do at tax time. If theres a problem the state can sue them instead of me. GO FOR IT.

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by: odona This user has validated their user name.

Mon Jan 8 00:44:43 2018

I'm assuming this only pertains to sales made to buyers in Washington? How long before every state gets on the bandwagon? That could start really adding up if it shows as undifferentiated additional income at end of year...

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This user has validated their user name. by: cfrphoto

Mon Jan 8 00:47:31 2018

Washington State destination based sales tax is a nightmare for in state sellers. Because regional transit authority (RTA) districts do not align with ZIP codes, it is not possible to determine with certainty whether or not the RTA tax applies without geocoding every address. It is possible that buyers located outside RTA districts may be assessed RTA taxes anyway..

If sales tax is to be collected from out of state sellers, the seller's home state should be responsible for collecting taxes for other states using a simple flat rate for each state.

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by: Chicago48 This user has validated their user name.

Mon Jan 8 05:14:53 2018

Of course this will cause 3P sellers to increase the cost of their goods.  I think AMZ's taxes apply to FBA ONLY, and not FBM.  As a FBM I wouldn't know where to begin to collect taxes from buyers and it would seem this move by Etsy (and AMZ) could cause lawsuits.

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by: Joschik This user has validated their user name.

Mon Jan 8 12:31:41 2018

I understand why Amazon is charging Sales Tax for 3rd party seller in Washington State (as they are based in the state and that I assume the state argues creates a Nexus for Amazon's sellers) but Etsy is based in New York - why would they process Sales Tax for say a New Jersey seller selling to a Washington State buyer?

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by: Marie This user has validated their user name.

Mon Jan 8 12:48:48 2018

@chicago

Why would a seller need to raise their pricing?  I must have misunderstood, I thought they were charging a sales tax to the buyers.  Are you saying that Etsy and Amazon are taking the sales tax out of the product price and therefore the seller is actually paying the sales tax?  

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by: Chicago48 This user has validated their user name.

Mon Jan 8 12:55:07 2018

From what I read, they are charging the seller for the tax.

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by: Marie This user has validated their user name.

Mon Jan 8 13:06:00 2018

@chicago

In the Etsy link in the article it states in part:

If you sell physical goods on Etsy and reside in the US or Canada, you have the option of either including applicable taxes in your listing prices, or excluding applicable taxes from your listing prices and then using Etsy's sales tax tool to calculate the tax owed on each sale.

The Amazon site says something similar.

Otherwise all buyers would be penalized by paying a higher price [if they choose to buy] that weren't having the product shipped to the state of Washington.

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This user has validated their user name. by: Rexford

Tue Jan 9 06:55:51 2018

I like it. Better them doing the paperwork than me.

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by: Joschik This user has validated their user name.

Tue Jan 9 09:27:34 2018

This got somewhat lost and I am hoping somebody here has an answer or at least a view -

I understand why Amazon is charging Sales Tax for 3rd party seller in Washington State (as they are based in the state and that I assume the state argues creates a Nexus for Amazon's sellers) but Etsy is based in New York - why would they process Sales Tax for say a New Jersey seller selling to a Washington State buyer?

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by: Marie This user has validated their user name.

Tue Jan 9 13:18:29 2018

@joschik

I don't think they are.  It is just for sellers that actually owe sales tax in Washington State, not for all sellers when they don't have a presence in that state.  I don't think that type of tax has been passed yet.

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This user has validated their user name. by: Ina

Tue Jan 9 21:18:24 2018

Per Etsy spokesperson: "Washington sales tax is based on the buyer's location, not the seller's location. When the buyer's shipping address is located in WA, Etsy will be collecting and remitting WA sales tax on behalf of the seller, regardless of the seller's location."

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by: Joschik This user has validated their user name.

Tue Jan 9 22:54:57 2018

Thanks Inna. That is quite extraordinary as it would totally negate the nexus concept. A seller not in WA using a platform that is not based in WA to sell to a buyer in WA has to pay WA sales tax. Why would Etsy agree to that?

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by: Pervanacorporation This user has validated their user name.

Tue Jan 9 23:58:56 2018

I sell & ship direct from So. Calif. through Amazon. Amazon started collecting tax for Washington since Jan. 1st. I had no clue this was even going to happen. What it does mean is that i am paying add'l seller fee's on grand total of sale for Washington. Just I do for California.  

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by: Marie This user has validated their user name.

Wed Jan 10 02:29:09 2018

Ina

Then I'm really confused as the WA Dept of Revenue site says the following:

Beginning January 1, 2018, marketplace facilitators with a physical presence in Washington or $10,000 or more in retail sales sourced to Washington, including sales of their own products and sales of products made on behalf of marketplace sellers, must either:

My take away from that is I must have a PHYSICAL PRESENCE in Wash OR $10k+ in retail sales shipped to Wash.  OH WAIT, my bad, I missed that all important word "FACILITATORS".  Now that changes everything.

They are basing this on the websites themselves, NOT the individual sellers.  I just had not realized that before and that certainly makes all the difference.  While the individual sellers will have to pay it or have their buyer's pay it and the websites will remit it to Wash State.

Now I get it.  Sorry, sometimes I can be a bit slow!!!

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by: Joschik This user has validated their user name.

Wed Jan 10 11:46:12 2018

Sounds overreaching to me as that is cleary changing the concept of Nexus.

What about an individual selling say a vintage item they bought 20 years ago and now do not need anymore on Etsy to a buyer in Washington - it seems this applies to them as well?

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by: sellerchick This user has validated their user name.

Fri Jan 12 17:42:35 2018

Just had my first FBM sale on Amazon to a WA customer, (I am not in WA) I see Amazon collected the tax from the customer, but did not remit to me.  

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by: AnotherTime This user has validated their user name.

Fri Feb 2 13:03:36 2018

I was introduced to this in January with a sale to a WA person.  It was very confusing and I honestly believe that Etsy has some correcting internally to do.  I am thankful I do not need a WA tax license!!

1)  I am glad that Etsy are handling the collection and reporting of the tax.  However, since I do not receive any of that tax money, I should not be charged for it in the final transaction fee structure.  Honestly this should be true of all sales taxes collected.  Tax is state money, not mine.

2) WA is state #1 to do this.   I am fairly sure others will follow as states look for tax revenue that is currently lost because of internet selling.. For small businesses and independent merchants this will potentially become a quagmire!     What if some states require independent reporting via the seller?  Will we have to buy other licences?  Quarterly filings?

3) This whole quagmire would be different for American small business if we could base our sales tax requirements on the STATE OF SALE LOCATION and not on the buyer location.  I have brought this to my own NYS legislator's attention .... to no avail.

I am afraid this is just the beginning of a very long story,  Legislators love revenue but it could eliminate competition from the small  market sellers!  We do not have the capacity to handle 50 different states with 50 different tax codes!



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