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Should I be Charged U.S. Sales Tax on International Orders to the UK?

I'm hoping someone here can help me figure out a frustrating tax situation I'm dealing with. I live in the UK and regularly order from a US-based luxury consignment site. Every time I place an order, they automatically add 20% sales tax at checkout despite my shipping and billing addresses both being in the UK. For about a year, I would just contact customer service after each purchase, explain that I shouldn't be charged US sales tax as an international customer, and they would refund it. I'm already paying UK import duties and VAT when the packages arrive here (all shipments are sent "duty unpaid" or DAP). But recently when I placed another order and reached out for my usual sales tax refund, they suddenly told me that as of January 1, 2021, they're required to collect sales tax on all orders regardless of destination! This makes no sense to me because I'm not in a US tax jurisdiction and I'm already paying UK VAT upon import. When I pressed them on this, they claimed the sales tax applies because the items are shipped FROM a US jurisdiction (Kentucky or New Jersey), not because they're shipped TO a US jurisdiction. This contradicts their own website which states they're "obligated by law to collect sales tax on orders shipped to U.S. jurisdictions that charge sales tax." So what's the deal here? Should I actually be charged US sales tax as a UK resident on items being shipped to the UK? Am I missing something obvious, or is this company incorrectly charging international customers?

Has anyone actually looked at the Terms of Service for this company? I had a similar issue with another US retailer and found that buried in their terms was language about "all applicable taxes and fees may be charged based on internal company policies." Basically giving themselves wiggle room to charge whatever they want. It might not be legally enforceable, but they could argue you agreed to their terms which include potentially paying these fees. Might be worth checking if there's something like that in their terms.

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Even if it's in their terms of service, they can't override actual tax law. Companies can't just make up taxes or charge taxes they're not required to collect. That would be misrepresentation. A term of service that violates consumer protection laws wouldn't be enforceable, regardless of whether you "agreed" to it.

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Mei Liu

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This is a classic case of incorrect sales tax application on international orders. As someone who's dealt with similar issues, I can confirm that you should absolutely NOT be charged US sales tax as a UK resident receiving goods in the UK. The key principle here is that US sales tax is destination-based, not origin-based. Since your goods are being consumed in the UK (where you'll pay UK VAT and duties), they should qualify for the export exemption from US sales tax. The company's claim about collecting tax based on shipping "FROM" a US jurisdiction is completely backwards - that's not how sales tax works. My suggestion would be to escalate this beyond regular customer service. Ask to speak with their tax department or compliance team, and specifically mention the "export exemption" for goods shipped internationally. Reference IRC Section 4221(a)(2) if you need to cite specific tax code - it covers exemptions for exported articles. If they continue to refuse, consider filing a complaint with the attorney general's office in the state where they're located (Kentucky or New Jersey, based on your post). Companies sometimes change their tune quickly when they realize they might face regulatory scrutiny for improper tax collection. Don't let them keep money they have no legal right to collect!

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Does anyone know if TurboTax eventually asks for the EIN? I'm in the same boat with a $5.12 dividend and no 1099-DIV, but I'm still early in my return and worried I'll get stuck later when it asks for info I don't have.

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TurboTax will ask for the EIN but you can leave it blank. It'll give you a warning but let you continue. I did this last year with a $4 dividend and had no issues with my return.

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Ravi Gupta

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I had this exact situation a couple years ago with a tiny dividend from some old stock I'd forgotten about. The whole process was way simpler than I expected once I figured it out. In TurboTax, when you get to the dividends section, just select "I'll enter my dividend information myself" instead of importing a 1099. You'll see fields for the company name and dividend amount - that's literally all you need for small amounts like yours. Put in the company name and your $8.73 in the ordinary dividends box. TurboTax will probably throw up some yellow warning messages about missing EIN or other details, but you can just ignore those and continue. The IRS doesn't expect you to have information that wasn't provided to you. As long as you report the income amount and identify who paid it, you're doing exactly what you're supposed to do. Don't overthink it - you're being more careful than most people would be over $8.73, which shows you're handling your taxes responsibly!

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Rosie Harper

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One thing nobody mentioned yet - if your spouse is a citizen of a country that has a tax treaty with the US, there might be additional considerations. I'm married to a Canadian citizen who lives in Toronto while I'm in Boston, and we discovered some specific treaty benefits. Check if your spouse's European country has a tax treaty with the US - it could affect your filing options and potential tax benefits. The IRS Publication 901 (U.S. Tax Treaties) has more info on this.

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Liam Duke

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That's a great point I hadn't considered! My spouse is French - do you know if there are any specific benefits under the US-France tax treaty that might help in our situation? I'll definitely check Publication 901, but curious if you have any firsthand experience with European treaties.

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Rosie Harper

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France does indeed have a tax treaty with the US. While I don't have specific experience with the US-France treaty, I can tell you that these treaties often address issues like foreign tax credits and how certain types of income are taxed. In my case with Canada, we discovered that certain investment income was taxed differently under the treaty than it would be otherwise. The most important thing is to read the specific articles in the treaty that might apply to your situation. Pay special attention to the sections on residency determination and any special provisions for married couples living in different countries.

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Has anyone in this thread actually just filed as Single despite being married to someone overseas? I mean what's the realistic chance of the IRS finding out if your spouse has no US presence, income, or SSN/ITIN? Asking for a friend...

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Demi Hall

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Don't do it. I filed as Single for two years while married to my German wife (who never set foot in the US during those years). Got audited for an unrelated reason and ended up with penalties for filing status misrepresentation. Had to file amended returns plus pay interest and penalties. Totally not worth it.

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I understand the temptation, but it's really not worth the risk. The IRS has gotten much better at cross-referencing data, and marriage records are public information that can be accessed during audits or reviews. Even if your spouse never sets foot in the US, if you get audited for any reason (could be completely unrelated to your marital status), they'll verify all aspects of your return including filing status. The penalties for incorrect filing status can be substantial, plus you'd owe interest on any tax difference going back to when you should have filed correctly. Getting the ITIN for your spouse really isn't that complicated - just requires some paperwork and certified copies of documents. Much easier than dealing with the IRS later when they discover the discrepancy. Better to do it right from the start and save yourself potential headaches down the road!

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Amina Toure

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Has anyone actually been audited because of trading activity? I'm in the same boat with hundreds of pages of transactions and wondering if the IRS really looks at this stuff or if it's just a formality.

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Yes, I got audited two years ago specifically for options trading. They questioned several wash sales and some transactions where my reported cost basis didn't match what my broker reported. Had to provide all documentation and ended up owing an additional $3800 plus interest. Don't mess around with this stuff.

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I feel your pain with the massive 1099-B! I'm a day trader too and dealt with this exact situation last year with my broker's 600+ page document. One thing I learned is that you should definitely keep a copy of your certified mail receipt or delivery confirmation - the IRS processing centers can be slow to update their systems, and having proof of delivery saved me when I got a notice months later claiming they never received my documents. Also, make sure you're sending it to the correct IRS processing center address listed in your TurboTax instructions - different states have different mailing addresses for Form 8453 submissions. I initially sent mine to the wrong center and had to resend everything, which was a nightmare. The good news is that once they process it (which can take 6-8 weeks), you shouldn't have any issues as long as your summary data matches what you e-filed. Just budget for the shipping costs as part of your trading expenses - it's deductible!

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Dyllan Nantx

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Great point about the certified mail receipt! I'm definitely going to use that when I send mine in. Quick question - when you say it's deductible as a trading expense, do you mean I can write off the shipping costs on Schedule C or is it somewhere else on the return? I'm still learning all the ins and outs of tax deductions for active trading.

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Yara Nassar

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Has anyone actually passed using just IRS pubs? I started that route & got so frustrated. The language is so dense & the pubs aren't organized in a way thats helpful for learning. I ended up just buying Gleim & passed all 3 parts first try.

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I used a hybrid approach. IRS pubs as my foundation but supplemented with Gleim for their practice questions and explanations. You're right that the pubs alone are tough going - they're reference materials, not teaching tools. The study programs are expensive but definitely more efficient.

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I actually did pass using primarily IRS publications, though I'll admit it wasn't easy! The key was creating a structured approach rather than just reading them cover to cover. What worked for me was printing out the content outlines Connor mentioned, then mapping specific sections of each publication to the exam topics. I'd read a section, then immediately try to explain it in my own words or create examples. This helped combat the dense language issue. I also joined a few Facebook groups for EA candidates where people would post questions about confusing sections - that community discussion really helped clarify difficult concepts. The IRS pubs definitely aren't written as study guides, but they contain all the information you need if you're willing to put in the extra work to organize it properly. That said, if budget allows, the commercial programs are definitely more efficient. But for those who want to go the free route like the OP, it's absolutely doable with the right strategy and a lot of patience!

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That's really encouraging to hear! I'm in a similar situation where I want to minimize costs but I'm willing to put in extra effort. Could you share more specifics about how you mapped the publications to exam topics? Like did you create spreadsheets or use some other system? And which Facebook groups were most helpful - I'd love to join them for the community support you mentioned.

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