• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

department of revenue internet tobacco

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

msbblu

Junior Member
What is the name of your state (only U.S. law)? Arizona

Hi I got a letter stating notice of taxes due for unstamped cigarettes over the internet by phone or by mail.which was made before august 2 2012 before it was illegal.My question is why should i have to pay state taxes when i thought I did paid the taxes when I paid for them?Also how come they waited this long when it happened in 2007.Since I really believed that i paid can i get out of a $6000.00 bill they say i owe.My interest & penalty is about $2000.00. They say since i got them from out of state i must pay luxury tax & use tax.I am native american but not part of the tribe I bought the smokes from.They added since not from that tribe im not exempt from pursuant to long standing case law (Washington v. Confederated Tribes of Colville Indian Reservation, 447 U.S. 134,161 (1980).I don't have the money to pay for something I thought I all ready paid for.If I thought this would have happened I would have just paid for them at the casino down the road they would have been cheaper.Can you help me file protest tax liability that can help me out of this mess please!!!!
 


tranquility

Senior Member
The reason they can probably go back that far is because you never filed a return regarding the tax. You will need to find local assistance to help you file the forms required and to request an agreement with the taxing authority.
 

msbblu

Junior Member
The reason they can probably go back that far is because you never filed a return regarding the tax. You will need to find local assistance to help you file the forms required and to request an agreement with the taxing authority.
See from my understanding fro m the company I bought from was paying the taxes.I don't understand why they didn't disclosed that I would have to file taxes at the end of the year.Now since they never disclosed on this shouldn't they be held responsible.For the fact they know that the normal american wouldn't know anything about this & they would.
 

tranquility

Senior Member
See from my understanding fro m the company I bought from was paying the taxes.I don't understand why they didn't disclosed that I would have to file taxes at the end of the year.Now since they never disclosed on this shouldn't they be held responsible.For the fact they know that the normal american wouldn't know anything about this & they would.
You are responsible for your taxes. If they actually made a representation they paid the taxes and you reasonably relied on it, then you might get some traction on your argument. But, you would have to prove they made the representation AND the reliance would have to be reasonable. Due to the fact the tax payment is represented by the stamp on the cigarettes, I thing the reasonableness on any representation is going to be a high hurdle. Finally, the only real argument would be on the penalties. That would be the amount you were "hurt" because, as I said, the taxes were always owed. (Interest is usually not allowed as damages as you have the ability to use the money during the time the taxes were not paid.)
 

brandie928

Junior Member
What is the name of your state (only U.S. law)? Arizona

Hi I got a letter stating notice of taxes due for unstamped cigarettes over the internet by phone or by mail.which was made before august 2 2012 before it was illegal.My question is why should i have to pay state taxes when i thought I did paid the taxes when I paid for them?Also how come they waited this long when it happened in 2007.Since I really believed that i paid can i get out of a $6000.00 bill they say i owe.My interest & penalty is about $2000.00. They say since i got them from out of state i must pay luxury tax & use tax.I am native american but not part of the tribe I bought the smokes from.They added since not from that tribe im not exempt from pursuant to long standing case law (Washington v. Confederated Tribes of Colville Indian Reservation, 447 U.S. 134,161 (1980).I don't have the money to pay for something I thought I all ready paid for.If I thought this would have happened I would have just paid for them at the casino down the road they would have been cheaper.Can you help me file protest tax liability that can help me out of this mess please!!!!
Were you able to resolve this??? My grandparents are having the same issue, and need help understanding how this is possible. everything you are or were going threw is identical to there situation.
 

FlyingRon

Senior Member
Were you able to resolve this??? My grandparents are having the same issue, and need help understanding how this is possible. everything you are or were going threw is identical to there situation.
People rarely hang around here months after their question has been answered. First, unless your parents are in Arizona, the rules are likely different. They owe the tax. Mostly these operations these days are revenue collection efforts so the fact that your parents also likely violated criminal law bringing in unstamped cigarettes into whatever state isn't likely going to be pursued.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top