So there is now a flavor ban that will go into effect in the next two weeks and everyone here has questions. I'm wondering will I be able to order online? Nobody knows that I am ordering flavored e-liquid besides the company I decide to order from.
I live in NYC.. can I still order online?
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I'm not sure, I think we can still order online but only because I haven't read anything that says that we can't - yet...
This is how I read it. Its against the law in NYS to sell or manufacture or distribute. Online sells is selling.
Hi Sloth. cold up there...
Flavored e-cigarettes in New York go up in smoke
I believe the states have - Compacts and Agreements of States with one another.
Which of course raises the question: Where does a remote transaction actually take place? I believe the legal case is better for it taking place where the seller is located, but history also shows that lots of sellers in this field will not ship to states that prohibit it.
If they can ship fentanyl from China, they can ship juice from Jersey. Just find an online retailer that ships in plain brown wrapper and they'll think it's porn. You're good to go...
Yes, the heat's on.
That's saying possession of flavored e-liquid is illegal? What!?
ETA: oh, it's referring to possession by an employee, or employer I presume - not vapers... right?
Is not sales tax collect depending on where its shipped?
That's how I read it, that it doesn't apply to a private individual who is not engaged in commerce.Yes, the heat's on.
That's saying possession of flavored e-liquid is illegal? What!?
ETA: oh, it's referring to possession by an employee, or employer I presume - not vapers... right?
It would be an absolute nightmare to enforce against private individuals.
Cop: What flavor are you vaping?
Me: That's my arsenic with a dash of cyanide DIY, wanna taste it?
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Only if the state has an economic nexus law (some do, and some don't) and the vendor meets the criteria spelled out in that law. Most states went with the criteria that were deemed acceptable in the Wayfair decision by the SCOTOS, $100k in annual sales into a particular state, or 200 transactions.
(This is a subject that I'm way more familiar with than I'd like to be).
Not sure if this applies but when I lived in WA state, Vaporbeast stopped accepting my orders. When I asked about it, they quoted some law in WA that didn't allow them to ship there. No one else did it so I dunno.
A
Might be a weird loophole for you folks south of the border, but I doubt it.
A large percentage of these transactions are facilitated thru Shopify anyways. Shopify is headquartered in Canada.
Might be a weird loophole for you folks south of the border, but I doubt it.
That varies. A lot of online orders I do don't get charged ny tax. Some places, like Amazon, do charge tax, but only for items they directly sell or fulfill.
NY, of course, automatically calculates a presumed "owed" sales tax, for sales tax assumed not collected on online orders, as part of our annual income taxes. I believe you can choose to attempt itemizing, if you really don't do online ordering, or only very minimal, but it's probably an automatic flag for audit, not worth the hassle unless you are a no internet person.
NY, of course, automatically calculates a presumed "owed" sales tax, for sales tax assumed not collected on online orders, as part of our annual income taxes. I believe you can choose to attempt itemizing, if you really don't do online ordering, or only very minimal, but it's probably an automatic flag for audit, not worth the hassle unless you are a no internet person.
I was told that Amazon charges tax because they have warehouses and 3rd party sellers in most states.
NY will evenually get around to a complete online ban.
It happened with cigarettes.
It’s only a matter of time.
And that will truly suck.
It happened with cigarettes.
It’s only a matter of time.
And that will truly suck.
Its all OK might have to change a few things but its doable. - https://www.fasttech.com/search?e-liquids
Generally, I believe it's legally considered based on where the buyer is located. That's how I have to pay taxes on product I ship. Which is why buyers are charged tax if the seller has a presence in the state the buyer is located. That part I know is predicated on decades old precedent, and online sellers still adhere to that.
But practically speaking, OP can buy as long as the seller will still ship it there. Fredo isn't monitoring all internet purchases overnight. Probably never, but as long as the seller isn't afraid, he can buy online.
Yes, prior to the Wayfair decision last year, it was strictly a question whether the seller had some sort of presence in a state. If he didn't have any, then he didn't have to collect taxes on behalf of that state. But that has all changed now because the SCOTUS reversed decades worth of precedent based on its Quill decision.
Yep. That's the pragmatic question.
The types of reputable vendors most of us order from are not looking to draw attention to themselves by violating a state's laws. Other states already have online bans in place, and vendors don't ship there. I can't see why a reputable vendor would risk the liability to ship where their product is not allowed.
FT might not care, but do you want to vape DeKang only? And if you do locate some odd small vendor willing to ship to NY, do you really feel you can trust the product being sold?
If I want commercial juice I'll order it to be delivered to my daughter's CT address and get them from her after a weekend she spends back at mom's. Otherwise it'll be DIY only for me, which is sort of a pain given I'm now in an assisted living place. While it is independent and I have privacy, I still have housekeeping coming in regularly along with the occasional State inspections of the facility as it's still considered a health care operation. The don't ask don't tell rule applies, and no one cares that I vape so long as I don't set off the smoke alarm, but I can't exactly set up a permanent mix station and leave everything out. So I'll be mixing in larger batches and then storing all my stuff away. I have limited freezer space so some will be with me, some in my daughter's freezer in Brooklyn, and some in her mom's freezer in CT. Not so terrible as my now 30 years supply of nic base is in multiple locations and I know the flood zones for all of them, and I have backup generators where I am and at her mom's in CT.
If NYC loses power for a few days and her Brooklyn freezer is a failure, truth is, I'm in worse trouble with an extended blackout in NY than just losing some nic base.
FT might not care, but do you want to vape DeKang only? And if you do locate some odd small vendor willing to ship to NY, do you really feel you can trust the product being sold?
If I want commercial juice I'll order it to be delivered to my daughter's CT address and get them from her after a weekend she spends back at mom's. Otherwise it'll be DIY only for me, which is sort of a pain given I'm now in an assisted living place. While it is independent and I have privacy, I still have housekeeping coming in regularly along with the occasional State inspections of the facility as it's still considered a health care operation. The don't ask don't tell rule applies, and no one cares that I vape so long as I don't set off the smoke alarm, but I can't exactly set up a permanent mix station and leave everything out. So I'll be mixing in larger batches and then storing all my stuff away. I have limited freezer space so some will be with me, some in my daughter's freezer in Brooklyn, and some in her mom's freezer in CT. Not so terrible as my now 30 years supply of nic base is in multiple locations and I know the flood zones for all of them, and I have backup generators where I am and at her mom's in CT.
If NYC loses power for a few days and her Brooklyn freezer is a failure, truth is, I'm in worse trouble with an extended blackout in NY than just losing some nic base.
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