I'm buying a laptop online – will I have to pay sales tax?
There are currently five states that do not have a sales tax: Alaska, Delaware, Montana, New Hampshire and Oregon. If you live in one of the other 45 states, or in the District of Columbia, you are probably legally responsible for paying some form of sales or use tax on your laptop purchase. And, to complicate matters even further, many municipalities assess a sales tax as well.
That does not mean an online merchant will collect the tax on your purchase from you, though. States can only force a merchant to collect state sales tax if the merchant has a significant enough physical presence in the state (think stores, distribution centers, corporate offices). This is not unique to online merchants – the same rules apply to any out-of-state company that you purchase goods from.
So, it is entirely possible that you could order a laptop online from Company A, a company with an in-state sales staff, and have to pay sales tax as part of the purchase, but order the same laptop online from Company B, a company with no in-state connection, and not have to pay sales tax as part of the transaction. Of course, a merchant can voluntarily collect sales tax for a state, even if they are not required to do so. When merchants do not collect sales tax, it does not necessarily mean that you are off the hook. Most states that impose a sales tax also have a related use tax. Essentially, a use tax means that if you should have paid sales tax on a purchase, but didn't because the merchant was not required to collect the tax, you are responsible for reporting the purchase yourself and paying the appropriate amount of tax.
The details vary from state to state – some states include the use tax calculation on state income tax returns, while others use separate forms. Of course, because the use tax relies on individuals self-reporting their purchases, and states have a limited ability to enforce compliance, it probably isn't surprising that many consumers simply do not report their online purchases.
Can I deduct state sales tax on my federal income tax return?
If you itemize deductions on Schedule A of IRS Form 1040, you are generally able to deduct state and local taxes, including income tax, real property tax and personal property tax. For 2011, if it works to your benefit, you can elect to deduct state and local general sales tax in lieu of state and local income tax. One thing to keep in mind: if your total itemized deductions do not exceed your standard deduction amount, you generally will not get any additional tax benefit from deductions you claim on Schedule A. For 2011, as an example, a married couple filing a joint federal income tax return would typically be able to claim a standard deduction of at least $11,600, you generally won't get any additional tax benefit from deductions you claim on Schedule A.
When claiming a deduction on Schedule A for state and local sales tax, you have two options. You can deduct the amount that you actually paid in sales tax, as evidenced by receipts that you have accumulated showing amounts paid. Alternatively, you can use tables published by the IRS that are based on average consumption in each state, and factor in modified adjusted gross income and number of exemptions. Even if you use the optional tables, you are still generally able to deduct the sales tax on certain specified items, like cars and boats.
One caution here: special rules apply to married couples who file separate federal income tax returns. If both you and your spouse elect to deduct state and local sales tax in lieu of income tax, and your spouse elects to use the optional state sales tax tables, you will have to use the tables as well.
Things can get a little more complicated if you lived in more than one state during the year, or if the sales tax rate for the state in which you live changed during the year. Currently, the ability to deduct state and local sales tax in lieu of income tax expires at the end of 2011. And, if you are subject to the alternative minimum tax, the AMT rules may limit the deductions available to you, including the deduction for state and local taxes.
For additional information, talk to a tax professional. You can also refer to IRS Publication 600, State and Local General Sales Tax, and review the 2010 Instructions for IRS Form 1040, Schedule A.