Sales Taxes...GOTCHA

   / Sales Taxes...GOTCHA #1  

drcollie

Silver Member
Joined
Mar 21, 2002
Messages
101
Location
Northern Virginia
Tractor
Kubota BX22
Here's something interesting that's happening...back in March 2002 when I bought my Kubota brand new I was price shopping like any good shopper does. Actually, I was pretty much squeezing a coupla dealers out of the LAST NICKEL and it cam down to a Maryland dealer who could deliver to bike to me for "xxxx" dollars and my local Virginia dealer who was $ 100 less. But then there was the sales tax on the VA purchase which was $ 742.50....vs. the Maryland dealer's tax-free status and delivery charge of $ 100.00.

So I told the VA guy I'd buy in Maryland, as when all was said and done I'd be about $ 500 less out-of-pocket. Not wanting to lose a sale, he said 'Do you have an out-of-state address I can show this tractor delivered to?"

I said "No, I don't".

Then he replied "I'll take care of the sales tax."

As I was looking for net-net, I said "Lets do it" and he brought the tractor over to the house (In VA) and we signed all the paperwork in the driveway. I noticed his "ship to" address was in "Olney, MD" but didn't pay it much mind as I had a shiny new BX22 in the driveway and that was capturing all my attention.

Now, almost two years later, here comes a letter in the mail from the dealer saying "We're under review by VA State Taxing Authority and you must sign and notarize that you took delivery of this unit to the Olney address or pay $ 742.50." And they enclosed a form to get signed and notarized if you indeed DID take delivery out-of-state.

So I look at this and think "This is so bogus".....they cooked their books and now I have to pay. I could sign the form, get my signature notarized and send it in. Chances are nothing more would happen...BUT....BUT......BUT.....to do that commits fraud and against the State of Virginia, and then I'd have a much larger issue on my hands than a tax bill.

Even if I did send that in, they can come back to me for the Use tax (equal to the sales tax) on out-of-state purchases unless the tractor is proven to be kept at a property in Maryland (which of course it's not as I have no idea who even lives at that address). Best not to mess with the tax collectors.

Who's at fault?

I've decided it's me.....why? Well, I more or less knew what they were proposing to do and didn't stop it. I let them show a fictional address on the invoice rather than insisting they lower the purchase price and charge me the correct sales tax.

So I'll pay the sales tax rather than compounding the issue to a higher level, but you can bet **** well I'll be speaking to the owner of the Kubota dealer about this and looking for some reduced pricing on any future implement buys as some compensation.

Lesson to be learned and a head's up for ya'll...

Don't screw around with your states sales taxes by allowing a merchant to give you a work-around. If you do, you may very well find yourself the subject of a 'reach-around' a few years down the road and paying the sales taxes after the fact.

This also applies to product coming IN to you from out of state. Almost all states require you to pay a USE tax, so if you buy a tractor in North Carolina and have it shipped, you may very well get a USE tax bill in the mail a few years later when your state conducts a shipping audit.

-Duane C. < a little poorer now, but much wiser.
Northern Virginia
 
   / Sales Taxes...GOTCHA #2  
I think I'd find a way to send the money directly to the state rather than to the dealer.
 
   / Sales Taxes...GOTCHA #3  
<font color="blue"> I think I'd find a way to send the money directly to the state rather than to the dealer.

</font>

I'll second Chris's motion.
 
   / Sales Taxes...GOTCHA #4  
I agree with Chris.

Here in Michigan, we (ARD Farm, L.P.) is/are tax exempt. Of course, if I bought a tractor the size of your BX, I have a feeling it would throw up a red flag in Lansing. We have an agricultural exemption on file with our suppliers. If I bought a lawnmower, however, I would not hesitate to pay sales tax on it. If I bought an expensive lawnmower like your BX, I'd most certainly depreciate it. Not try to beat the state out of their rightful duties.
 
   / Sales Taxes...GOTCHA #5  
Duane

Wow ! You got my attention. I also live in Northern VA and am about to take the leap on a major tractor purchase. I'm in Berryville and would love to know who the dealer was in your situation. Send me a private e-mail if you don't want any public display of names on the forum. The whole thing hits home because one of the options I am considering is an out of state purchase from a dealer who will deliver to my driveway. He too claims that there will be no tax due to my not residing in his state. Interesting stuff. My wife is a CPA.....maybe it's time to put her to work doing some investigating before I take the plunge and do something I will regret later.

The first thought that came to my mind when I read your situation were the details on your reciept. Is it all itemized to show the purchase price and the tax with a total just being higher by the same amount the state is now looking for? Or are there discrepencies between the price and the tax due? I wouldn't mess with the state, but I would certainly go back to the dealer and have a little discussion.

At any rate, good food for thought ! This is just more proof of how valuable the service is that this forum and it's members provide!

Good luck
Kevin
 
   / Sales Taxes...GOTCHA #6  
Duane, this situation, a dealer getting his books audited by the state/commonwealth, is not all that unusual, particularly for big ticket items like tractors. The taxing authority wants proof that the sale was, in fact, an out of state sale and no tax was due.

I was originally going to buy a Kubota and the dealer asked me the usual questions about how I was going to use it. One of the things I mentioned was that we had horses. The conversation finally got down to how much the tractor would cost. The guy added everything up and showed me the price.

I asked, "I will owe sales tax on top of that price, right?" (I knew the answer was supposed to be yes.)

Salesman replied, "You said you have horses, right? Sounds like a farm to me."

Since I wasn't buying that night anyway, I came right to TBN and asked if this was legit. (At least I think I asked here. /forums/images/graemlins/smile.gif ). The answer I received was, if the dealer gets audited, and they do not have proof I was a farmer, I could get a bill for the sales tax, and the dealer could be in big trouble.

It's a similar situation with selling out of state, particularly for dealers near a state border. If I were an auditor, that's where I would look for people trying to beat the system.

P.S.
I did not buy a Kubota and if I had, I would not have bought from this dealer. I figured if he was willing to cheat the state, he wouldn't blink an eye to cheat me.
 
   / Sales Taxes...GOTCHA #7  
I think I would neither signed their form OR paid them the tax. You had their statement, "We'll take care of the tax." You didn't suggest or condone the cheating. If you refused to sign the statement, and refused to send them the money, they would either have to pay the tax themselves or face the penalties for not properly collecting it.

When my business was active, nearly every week I had someone suggest that I do this or that to work around the sales tax. The most frequent suggestion was that I take cash so the sale would not show up. I simply told these people that every transaction had to go through the register, or I wouldn't have enough money to pay my bills. The truth was, I knew that if any of those transactions were ever discovered, I would be on the hook for the tax payment, not my customer. In short, I think they have one heck of a nerve asking you to pay the money after they were the ones who connived to cheat the state.
 
   / Sales Taxes...GOTCHA #8  
Looks to me like, if it was legitimate, the letter would have came from the state?
 
   / Sales Taxes...GOTCHA #9  
Sounds to me like they are on the hook to the state and they are hoping to get out from under it by you either signing the paper or sending them cash to cover the bills. They are the retailer and they are the ones on the hook for the whole amount (and then some) if they can't document a tax-exempt sale.

I wouldn't respond to anything unless it came directly from the state.
 
   / Sales Taxes...GOTCHA #10  
<font color="red">he replied "I'll take care of the sales tax." </font>

They know where they delivered to. I'd let them "take care of the sales tax". When you made the deal you probably thought that that to be competitive the dealership reduced their profit margin to be competitive. Do you know for sure what their intent was when you saw another address on the invoice. How do you know that for sure, or were you just blindly speculating? Did you tell them a bogus address? Their problem not yours. That's your story and stick to it. I'm sure Kubota USA does not want dishonest salesmen and dealers distributing their product! You may need to speak with a regional manager. /forums/images/graemlins/mad.gif
 

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