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FET
Posted by: Donald Becker (---.hawaiiantel.net)
Date: October 12, 2014 05:28PM

When I import a product that is subject to FET, I must pay the taxes due based on the first sale price.
Am I subject to FET when the product is shipped outside the US?

Thank you,

Don

Don Becker

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Re: FET
Posted by: Tom Kirkman (Moderator)
Date: October 12, 2014 06:00PM

Once you buy the item and pay the tax, your liability is fulfilled. It's only the first point of sale at which the tax is charged, not due again upon resale, anywhere.

.....................

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Re: FET
Posted by: Donald Becker (---.hawaiiantel.net)
Date: October 12, 2014 06:24PM

Hi Tom,

Thank you for some clarification.

It may get a little more complicated since I sell wholesale, retail, and at price breaks.
And then, there are overseas requests. Until now I have always said that we ship only to the US.

Mahalo,
Don

Don Becker

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Re: FET
Posted by: mike quinn (---.carolina.res.rr.com)
Date: October 13, 2014 01:05PM

It is a excise tax not sales tax. It is a cost of doing business you can pass on to the customer but is subject to sales tax. (Yes it is a double tax. Get used to it.) As a wholesaler you are selling product to reseller so no tax is collected since it is not a final sale of the product. In this case the retailer is paying for the excise tax (If you chose to do that.) with out knowing it is built into the price. You only need to record that you paid it. If you sell it at retail then the sale is for the final product/ end user. When you sell the product now the SALE is taxable, whether you paid excise tax or not (hence why it is called a double tax.) And as Mr. K. said correctly and this matters, tax is based on POINT OF POSSESSION. But to collect sales tax you need to be licensed in that state with a state tax ID. Usually it is the same as your EIN from the fed but in some states like NC the state has its own number. If I am confusing just email me as I am highly versed in Excise Tax from importing heating oil, gas and diesel including audits.

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Re: FET
Posted by: Donald Becker (---.hawaiiantel.net)
Date: October 13, 2014 02:42PM

Hi Mike,

For me, import fees are a non issue. If a shipment of thread comes in by FedEx, FedEx prepares the documentation, pays the customs duties, and charges my credit card. If UPS is the carrier and the amount due is small, UPS makes the payment and bills me. If the amount is relatively large, UPS collects a check at time of delivery.

For Hawaii state excise taxes there are two levels, wholesale and retail. For our purposes, wholesale = reseller and retail = final consumer.

Regarding the 10% Federal Excise Tax, if I import an item from Taiwan and then sell it to a customer in Australia, am I liable for the FET?
Several months ago I tried contacting the appropriate government office in Los Angeles. It was shutdown and I was referred San Francisco. I was not able to contact an official in San Francisco. due to a back log I have gone through available documention but was not able to find anything that directly addressed this queastion.

It's time for a vacation. I will pursue this later.

Thank you,
Don

Don Becker

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Re: FET
Posted by: Geoff Staples (---.olypen.com)
Date: October 14, 2014 11:28AM

Mr. Becker,
FET on fishing equipment is due on the first sale that takes place within the U.S. Your example of import direct from Taiwan and sale to Australia would not be subject to FET to the best of my knowledge. In addition, companies purchasing imported products from a U.S. distributor/wholesaler for use in the production of finished goods for sale in the U.S. can obtain an FET exemption certificate and not pay FET on said purchases. However, they would be obligated to collect FET on sales of the finished goods, within the U.S., assessed on the finished good price. FET is a pain to manage, but the bright side is that the taxes collected are allocated directly to the areas (habitat maintenance, etc) that they are intended for, not a general fund. Again, to the best of my knowledge.

-The Batson TEAM
BatsonEnterprises.com

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Re: FET
Posted by: mike quinn (---.carolina.res.rr.com)
Date: October 14, 2014 04:03PM

In Hawaii you have a STATE General Excise Tax. [AKA: Gross Receipts Tax.] It is totally separate of Fed Tax. (Remember the double tax). Think of it as the upper 48 says Toe may toe and Hawaii says Toe ma toe. This tax completely ignores your FET. Think of the state telling you to "talk to the hand" when you say “FET” to them. A STATE tax is a STATE and has nothing to do with a FEDERAL tax.

When you post in your purchase journal, show cost of item you paid FET for. You can do this by G/L number or use a spreadsheet/journal to record it. Next in your sales journal you post the item sold and in that price you should have included A) 10% Federal "Import" excise tax as cost of goods sold, B) Federal "Export" excise tax on 'the sale less the cost of the item you already paid the tax on' for your newly Manufactured product. For the feds you must report federal excise tax you Collected on sales and report that you purchased certain parts from that you already paid the FET to. Surprisingly the feds do not double tax you on the same part. The fed instructions below says not to include it but they aint stupid, you still gotta prove it. It is not FedEx's or Seller responsibility to break it down for you. The feds consider this your problem. This is why when it comes to reporting taxes spreadsheets are your best friend.

You are probably very confused now but read the above again and try to think of it as the fed only takes a taste of any part only once. If you use ten parts to make a product and already paid the FET on two parts, then for tax purposes you must collect the FET only on the eight items the fed did not already collect their taste on. The other two items are part of cost of goods sold that you billed for. (You do not collect anything for the feds on those two parts)

I hope this helps. Feel free to ask more.



[www.irs.gov]

Determination of Sale Price
In General. The tax on sport fishing equipment, electric outboard motors, and bows is based on the price for which the article is sold.
The price for which an article is sold includes the total consideration paid for the article, whether that consideration is in the form of money, services, or other things. Section 4216(a).
Include the following in the sale price:
• Any charge for coverings or containers (regardless of their nature).
• Any charge incident to placing the article in a condition packed ready for shipment.
Exclude the following from the sale price:
• The manufactures excise tax, whether or not it is stated as a separate charge.
• The actual cost of transportation, delivery, insurance, installation, and other expenses incurred by the manufacturer or importer in placing the article in the hands of the purchaser pursuant to a bona fide sale. (The costs of transportation of goods to a warehouse before their bona fide sale are not excludable.)
• Discounts, rebates, and similar allowances actually granted to the purchaser.
• Local advertising charges.
• Charges for warranty paid at the purchaser’s option.

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Re: FETha
Posted by: Donald Becker (---.dc.dc.cox.net)
Date: October 15, 2014 12:08PM

Thanks folks,
Please excuse the slow response as I have been traveling.

For a sale to be made within the U.S. I will consider the buyer and seller to be in the U.S.
I will attempt to contact the appropriate agency after this trip.

As far as software, it would be difficult to do business without Excel and my FilePro database. For a personal cloud, I use a small Drobo unit with 4 hard drives.

Thank you again,
Don

Don Becker

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Re: FET
Posted by: Alex Dziengielewski (---.aik.sc.atlanticbb.net)
Date: October 16, 2014 09:29PM

Don -

Call and ask for your local IRS field agent that specializes in excise tax. He will be the most helpful. Some of the information listed here doesn't exactly follow what our agent says. I prefer to listen to the guy who audits us.

Alex

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Re: FET
Posted by: Alex Dziengielewski (---.aik.sc.atlanticbb.net)
Date: October 16, 2014 09:29PM

Don -

Call and ask for your local IRS field agent that specializes in excise tax. He will be the most helpful. Some of the information listed here doesn't exactly follow what our agent says. I prefer to listen to the guy who audits us.

Alex

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