sellers can charge tax without a presence in a state (I think some states call it collecting use tax for the buyer). It’s legal but the tax returns need to be filed and the tax collected sent to the state. It only illegal of money is collected and not paid to a state.
Also presence in a state doesn’t have to be something obvious like a office or warehouse. Having a work at home employee in a state can be enough for a state to say tax must be collected.
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