> > So, you are apparently suggesting that these retailers are unsure about > whether or not to charge a tax on certain labor functions, so to cover their > asses, they are collecting a sales tax on those labor charges. Now, if they > collect a tax where they should not be collecting one, can they then retain > that collected money for themselves as opposed to having to send it to the > state? > > Steve
in the collection of sales tax, one is acting as a fiduciary agent for the state. you collect it, you pay it. you don't collect it, you pay it. you collect it and you don't pay it, it is a felony. not a misdemeanor. not protected by corporate shield. Maryland has argued that when I quoted $400 for a transmission(*long time ago) and then charged $300 for parts, and $100 for labor, not collecting sales tax on the $100 was incorrect. AAmco came in and argued the case for us, and we won. but splitting out installation may not work in most cases. I had a company in Baltimore. we sold a lot of product wholesale into Texas. I did not do a very good job of collecting reseller certs from the retailers. Last year Texas came after me for all uncollected sales tax on sales to anyone for whom I did not have a reseller cert. they went back 7 full years, to 1999. they are in the process of getting a judgement against me for $250,000 plus about $250,000 in penalties. I(my company) cannot produce the paperwork, and those are the laws of the great state of Texas. ************************************************************************ * ==> QUICK LIST-COMMAND REFERENCE - Put the following commands in <== * ==> the body of an email & send 'em to: [EMAIL PROTECTED] <== * Join the list: SUBSCRIBE COMPUTERGUYS-L Your Name * Too much mail? Try Daily Digests command: SET COMPUTERGUYS-L DIGEST * Tired of the List? Unsubscribe command: SIGNOFF COMPUTERGUYS-L * New address? From OLD address send: CHANGE COMPUTERGUYS-L YourNewAddress * Need more help? Send mail to: [EMAIL PROTECTED] ************************************************************************ * List archive at www.mail-archive.com/[email protected]/ * RSS at www.mail-archive.com/[email protected]/maillist.xml * Messages bearing the header "X-No-Archive: yes" will not be archived ************************************************************************
