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California Sales & Use tax Obligation Invoice

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revans2140

Junior Member
I have just received an invoice from a law office requesting payment. Do I have to pay this? Can I ask them the take their product back. Listed below is main point of the letter. This was for items bought back in 2004.

"Between May 15 2004 and December 6 2004, you purchased $5,631.00 worth of merchandise from Furnitureland South. Your purchase was subject to a sales and use tax totaling $448.30, a sum which has been settled with the State of California by Furnitureland South to avoid lotigation, interest and penalties. This tax now constitutes a debt payable by you to Furnitureland and not to the state of california. My firm has been retained to assist in the collection of this debt.
Enclosed is an invoice which is due within the next 15 days. Please make check payable to Furnitureland South. If payment is not received by furnitureland within 15 days, my firm is prepared to prosecute a claim for payment of the tax plus attorney's fee and the applicable interest."
One of the reason why I'm so upset is because I knew that in California its a sales and use tax so even if Furnitureland South didn't collect it I was still liable. I talked to the sales rep before my wife caught a plane out there(you have to place an order in person) stating the use tax issue. The rep said don't worry because the price includes the tax "they'll pay the tax". In hind sight this was obviously just a push by the rep. So my wife caught a plane and stayed overnight and then went to make the purchase. She was only concerned about the bottom line agreeing to the quote, it was only when the invoice came that it didn't indicate tax had been paid that I became concerned. The problem was the furiture was on it way and there would be a cost to cancel and could loose the deposit. At the time I questioned it but I think you can imagine what they kept saying: don't worry the price includes the sales tax. I'd asked them for a modified invoice or a letter but that was when communication stopped. They said that they didn't have time to modify an invoice just for me or send out letters, The price I'd paid was the price agreed and it included the sales tax.
My tax advisor man didn't know what to do a he'd never heard of such a situation so we left it and as the years rolled by I just forgot about it.
If I'd known this would have happened I may have gone somewhere else, I don't have records anymore what the prices of the other competitors were but they had a 7.25% advantage if they weren't paying the sales tax. They may have gotten more business from people like myself because years later they decide to charge sales tax.
Some of you might be saying why I did so much. The reason was my wife and I had just got our green cards and the last thing we wanted was to fall foul of the law. The has been cases report where the government have taken away green cards. Looking back and being wiser I didn't have to worry but when you've been welcomed into another country you don't starting tax avoidance.
 
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LdiJ

Senior Member
I have just received an invoice from a law office requesting payment. Do I have to pay this? Can I ask them the take their product back. Listed below is main point of the letter. This was for items bought back in 2004.

"Between May 15 2004 and December 6 2004, you purchased $5,631.00 worth of merchandise from Furnitureland South. Your purchase was subject to a sales and use tax totaling 4408.30, a sum which has been settled with the State of California by Furnitureland South to avoid lotigation, interest and penalties. This tax now constitutes a debt payable by you to Furnitureland and not to the state of california. My firm has been retained to assist in the collection of this debt.
Enclosed is an invoice which is due within the next 15 days. Please make check payable to Furnitureland South. If payment is not received by furnitureland within 15 days, my firm is prepared to prosecute a claim for payment of the tax plus attorney's fee and the applicable interest."
What the heck? They are asking you to pay a sales and use tax amount that is 78% of the original purchase price of the product? That is totally insane.

I would ignore them entirely. It sounds to me like the company got in trouble for not collecting sales tax, and has been penalized, and now is trying to recoup the costs from their customers.

Don't even respond. If they file suit, get yourself an attorney.
 

tranquility

Senior Member
Unless you claimed exemption from sales tax when you purchased the item(s), I agree with LdiJ, ignore them. If they do file suit, get an attorney to respond. (Probably a demurrer.) I would love to see their complaint and hear their argument of a cause of action.
 

drich

Junior Member
Furnitureland South

I too received the same type of letter today for a total purchase of $ 4,271.00 from Furnitureland South in May 0f 2002 by my son who lived in North Carolina. My sale/use tax according to the law firm of Barton, Klugman & Oetting LLP signed Tod V. Beebe is $ 309.66.

Note:per the Statue of limitations (SOL) for North Carolina they say if it is a sale of personal property under seal it 10 years for the SOL. Each payment renews the SOL.

This appears to be a unethical and fraudulent request. The husband and wife team took the position at he time in 2002 that since it was purchased in North Carolina that they were not in the business of collecting taxes for other states. This appears to be their negligence!!!

This lawfirm has to know that these practices were customary with their client. My Question is what is the State Bar of California doing against unscrupolus attornies. I think a complaint should be filed against for frivilous lawsuits!!!

drich
California
 

anteater

Senior Member
Solution seems simple: show proof that you paid the applicable use tax on the purchase to the appropriate state.
 

tranquility

Senior Member
Solution seems simple: show proof that you paid the applicable use tax on the purchase to the appropriate state.
No. That conflates the issue. The potential plantiff claims *they* paid the tax to the state and wants compensation based on the fact they paid the tax and penalties and interest and the OP now is supposed to pay them. Showing proof you paid the tax directly to the state would not change that claim.

That does not mean the use tax (and potentially, penalties and interest) are not due to the state for the lack of payment of sales tax to the original seller. It only means that that is an entirely separate question. I would say the only meaningful proof, if there is a valid cause of action (which I don't believe there is and certainly isn't for the penalty and interest amounts), is that the OP paid the tax to the potential plaintiff.

If the plaintiff now alleges there was some conspiracy to circumvent the tax laws he would have to admit to a felony in court and should have brought in the non-payers into the original negotiations with the government.
 
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anteater

Senior Member
No. That conflates the issue. The potential plantiff claims *they* paid the tax to the state and wants compensation based on the fact they paid the tax and penalties and interest and the OP now is supposed to pay them. Showing proof you paid the tax directly to the state would not change that claim.
It may not change the retailer's "claim." However, I would argue that proper payment of use tax by the buyer to the appropriate state would be an affirmative defense to any action taken by the retailer for recovery. The retailer's settlement with the state of California should be the retailer's problem if the sales/use tax was properly paid by the buyer to California.

(Of course, this is probably all theoretical since the posters likely did not pay California's use tax. But you never know......)
 

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