In the retail sector, customers purchase goods and services using cash, credit cards, or debit cards. While some purchases are not subject to taxation, most are. Food and beverage purchases in a restaurant, for example, can be subject to state and local sales taxes.
For each sales transaction that is subject to taxation, a merchant is legally obligated to pay tax at a rate that is set based on the location of the retailer. Thus, in New York City, there may be one rate, whereas in a suburban community outside New York City but still in the state of New York, there may be a different rate. In contrast, the same sales might not be subject to tax at all in a different state or during a state-sponsored promotional period to encourage shopping.
While merchants generally do collect the requisite tax(es), the monies that are collected are often co-mingled with other funds, such as those collected from operation of the retail enterprise. For example, when the sales transaction is made by the customer tendering a transaction card (that is, either a debit or credit card), the merchant receives monies in the form of additions to its bank balance in the amount of the sales price and any taxes collected from the customer.
USPTO Backgrounds
USPTO Backgrounds