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Shmacky-McNuts: Odd people keep assuming poland is in america....
Huh? Pretty sure no one in this thread is under the illusion that Poland is in the USA. I can't find anything to suggest such. If they are, then sales tax concerns are the least of their problems.

ADDED: I did think of another possibility as to why they charge sales tax for users in some states but not others. In some states, they have laws that place the burden of reporting on paying on the consumer, not the selling company. Most do this through their income tax system, where it is up to the individual to report on his/her income taxes the purchases they made online without paying sales taxes, and then add that to their income tax liability. I have seen this when doing taxes from certain states. So maybe it's possible that some states emphatically put the responsibility on the seller (gog) so they collect the tax from that state while other states put the responsibility on the individual and they don't collect it in those states? I dunno, but it seems at least a logical possibility.

Here's one example: https://www.tax.virginia.gov/sites/default/files/taxforms/individual-income-tax/2022/760-2022.pdf

Screenshot shows the specific line.
Attachments:
capture.jpg (15 Kb)
Post edited December 20, 2023 by OldFatGuy
Yeah, it sometimes happens that ISPs will assign your traffic and the traffic of a whole county though one routing box or another; for example I sometimes happen to end up marked as being in Virginia. I'm sure the state is lovely, but I don't live there.
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jczorkmid: Massachusetts
https://www.youtube.com/watch?v=UweHX1Vpv90#t=95
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Shmacky-McNuts: Im an american, I can be pretty darn ignorant and you cant stop me! ;)

My point is, GOG is not in the USA. They have no obligation to abide american laws, as Poland is not apart of america.
US states have been charging digital sales tax as a result of the South Dakota v. Wayfair, Inc (2018) case:
- https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf
- https://en.wikipedia.org/wiki/South_Dakota_v._Wayfair,_Inc.

If you have any complaints, bring it up to your state's tax department. GOG must abide by these national-state tax laws in order to sell products there even if they operate remotely. Otherwise they legally cannot operate there and will be fined heavily.

EDIT: Thank you OldFatGuy below for the link correction.
Post edited December 20, 2023 by UnashamedWeeb
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Shmacky-McNuts: Im an american, I can be pretty darn ignorant and you cant stop me! ;)

My point is, GOG is not in the USA. They have no obligation to abide american laws, as Poland is not apart of america.
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UnashamedWeeb: US states have been charging digital sales tax as a result of the South Dakota v. Wayfair, Inc (2018) case:
- https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf
- https://en.wikipedia.org/wiki/South_Dakota_v._Wayfair,_Inc.

If you have any complaints, bring it up to your state's tax department. GOG must abide by these national-state tax laws in order to sell products there even if they operate remotely. Otherwise they legally cannot operate there and will be fined heavily.
I don't know that it matters, but your wiki link is missing the period after the "Inc" in "Dakota_v_Wayfair,_Inc". You can still get there from the link as is though by pressing another link so it may not matter.

Screenshot shows what I mean I think.
Attachments:
capture.jpg (137 Kb)
Post edited December 20, 2023 by OldFatGuy
Haven’t heard a thing on my ticket, but I’ve verified it’s using IP geolocation and misidentifying my location by using a VPN and having it want to charge NY taxes instead. I’m guessing the IP pool my ISP is using is shared across state lines.
Everybody knows that California isn't the United States anymore. lol Only weridos and homeless folks. Just kidding! maybe. That being said, with that provision for California being there in the GOG documentation, I have never once paid sales tax on this site in over 3 years. I'd be curious to know which States are trying to collect from Gog. I'm in WV...so, they don't do that here.

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Shmacky-McNuts: Ya got me! An assumption it is. But then again, I find it difficult to believe a tax would be imposed out of country and expected to be taken seriously. Ask yourself, how would this make any sense. America can do what to them? Ask politely and wag a finger? Its not as if being a tourist in Poland is any different. You spend money out of country, the IRS wont be knocking at your door when you return asking for the tax of your state lol
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Knightspace: What?

If you make sales in a country, you have to abide by the law of that country, otherwise you are blatantly commiting fraud. The whole sales tax is remited by GoG to the whatever tax authority you have there. GoG couldn't operate in US if they did otherwise, denying you access to the stuff you buy here.

Why are you so ignorant to the law of your own country?
I think people are ignorant of the law, because we have 51 different sets of regional laws. Each state is an autonomous nation in theory with its own laws, then there is the federal law. States have even ignored the Federal law on numerous issues. It's not like in Europe where there is one tiny little set of laws for each country. We also have districts where the federal law is even different because federal district judges interpret it differently. You try learning 20,000 plus legal books of info, smart guy. Gotta remember the United States is not technically a country, but a Republic of Autonomous States
Post edited December 21, 2023 by RizzoCuoco
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RizzoCuoco: I have never once paid sales tax on this site in over 3 years. I'd be curious to know which States are trying to collect from Gog. I'm in WV...so, they don't do that here.
Refer to economic nexus maps regarding remote sellers - https://www.avalara.com/us/en/learn/guides/state-by-state-guide-economic-nexus-laws.html

According to the above, Oregon, Montana, Delaware, and New Hamsphire do not require digital sales tax on remote companies. Every other state has their own conditions of when remote companies are required to charge and remit sales tax.

The only reason why GOG might not charge state sales tax in West Virgina is if they qualify as a small seller. In other words, they need to make less than $100k USD AND < 200 transactions in your state so you don't get charged taxes.

EDIT: forgot Delaware.
Post edited December 21, 2023 by UnashamedWeeb
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Shmacky-McNuts: Im more curious as to why they think charging an american tax from a polish company that doesnt relay the tax back to the usa is even relevant?
Works a bit differently. When I buy from itch.io, italian taxes get added to the price, even if itch is not even in the EU.

I don't know all the details, but generally speaking: digital sales get taxed in the country where the buyer lives, not where the company is.
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RizzoCuoco: I have never once paid sales tax on this site in over 3 years. I'd be curious to know which States are trying to collect from Gog. I'm in WV...so, they don't do that here.
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UnashamedWeeb: Refer to economic nexus maps regarding remote sellers - https://www.avalara.com/us/en/learn/guides/state-by-state-guide-economic-nexus-laws.html

According to the above, Oregon, Montana, Delaware, and New Hamsphire do not require digital sales tax on remote companies. Every other state has their own conditions of when remote companies are required to charge and remit sales tax.

The only reason why GOG might not charge state sales tax in West Virgina is if they qualify as a small seller. In other words, they need to make less than $100k USD AND < 200 transactions in your state so you don't get charged taxes.

EDIT: forgot Delaware.
Thanks so much for the info. I would have had no idea where to look. I can almost guarantee you that the only purchases made in WV are probably me. Almost definitely me. lol I mean...WV is almost a third-world nation by itself. lol
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jczorkmid: On checkout it keeps trying to add Massachusetts sales tax, but I don’t live in Massachusetts, and I’m not currently in Massachusetts and I don’t see a way to fix it.
Regarding this part of your message, I am getting the same issue - I live in NE Wisconsin, but GOG is trying to charge me Chicago sales tax (which sucks because their sales tax is almost twice what my local tax rate is). GOG's system charges tax on where your IP address is located. Unfortunately I have Starlink, which mean my IP address is attached to the nearest POP (point of presence) which for me is Chicago. This same thing can occur with other providers that use dynamic IP addresses. You may be able to get away with this by using a VPN service, but I'm not paying for that...especially since it might not even help :)

You can contact support (like I did) but they will give you steps to take which fix nothing because it doesn't change my POP. Hopefully they will add a section on their website where you can enter your physical address..until then, i won't be buying anything from GOG. Its bad enough to have to pay sales tax to a foreign company for a digital product, but to pay Chicago sales tax (which is over 10% FFS) is just too big a pill to swallow.
Same issue in SW New Hampshire. Using cable, I'd get charged Vermont sales tax. Using cell service, Massachusetts sales tax. So for sure it's based on IP geolocation. I guess if I want to buy anything from GOG I need to put it on my grocery list for when I'm in Keene now. I have orders from this July that didn't have sales tax, so this is a new issue since then.
Feels scummy to add taxation for customers, where no proof of locale can accurately be determined.
Also seems justified a company can deny a nations request of enforcing an unenforcable taxation practice. Simply by explaining "its the internet, wtf are you expecting beyond an act of god to enforce much of anything with?" and some stern looks holding a rolling pin in one hand while wagging a pointer finger with the other.

Just my opinion....
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Shmacky-McNuts: Feels scummy to add taxation for customers, where no proof of locale can accurately be determined.
Also seems justified a company can deny a nations request of enforcing an unenforcable taxation practice. Simply by explaining "its the internet, wtf are you expecting beyond an act of god to enforce much of anything with?" and some stern looks holding a rolling pin in one hand while wagging a pointer finger with the other.

Just my opinion....
There's a slight problem in that it has become legally imperative. I feel that at this point, the punt is to GOG to actually bother.
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Shmacky-McNuts: Feels scummy to add taxation for customers, where no proof of locale can accurately be determined.
Also seems justified a company can deny a nations request of enforcing an unenforcable taxation practice. Simply by explaining "its the internet, wtf are you expecting beyond an act of god to enforce much of anything with?" and some stern looks holding a rolling pin in one hand while wagging a pointer finger with the other.

Just my opinion....
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Darvond: There's a slight problem in that it has become legally imperative. I feel that at this point, the punt is to GOG to actually bother.
Legally imperative?

Not sure what you mean.