whipsocket
Junior Member
What is the name of your state (only U.S. law)? Georgia, United States
About a month ago, I signed a lease for an annual rv spot in Georgia and split the payments up into 4 payments over 2 months. Upon looking at the lease the campground also added an additional 7% sales tax to the lease. I have never heard of a campground doing this before, so I began researching the laws regarding sales tax on an rv spot. Upon doing my research I contacted the Georgia Department of Revenue (DOR) to try to get an answer. The DOR responded with the following information:
http://rules.sos.state.ga.us/docs/560/12/2/51.pdf
Based on this and what I was told by the DOR that what I was leasing qualified as a parking spot for a trailer and was not subject to taxation in the state - especially if I was staying there more than 90 days. I approached the owner with this information, who also talked with accountants and the state and was told that there was no sales tax on this type of lease. So, going forward there is no tax for an annual lease at the campground.
However, the issue occurred yesterday when I paid my final payment for the lease. With the final payment - I subtracted the sales tax from my lease (since the spot was non-taxable according to the state of GA). Upon doing so, I was told by the owner that because he already paid the tax into the state for this lease - that I am obligated to pay him the full amount including the state sales tax. I was told that this was not up for discussion and that I must pay it in full or I was in breach of the terms of my lease and would need to re-negotiate the lease or lose the lease and the funds already paid in. So, I paid the state sales tax that was listed on the lease.
I was told by the state DOR that I could request a refund from the owner and then he can get a credit on his next return by putting down a deduction for the amount that he refunded OR he could also request a refund from the state after he refunded the sales tax.
Unfortunately, the owner does not want to provide a refund for the sales tax that I paid into the lease. Is there any recourse that I have at this point to get the sales tax back? What actions can I take to get a refund?
Thanks for any information that you can provide.
About a month ago, I signed a lease for an annual rv spot in Georgia and split the payments up into 4 payments over 2 months. Upon looking at the lease the campground also added an additional 7% sales tax to the lease. I have never heard of a campground doing this before, so I began researching the laws regarding sales tax on an rv spot. Upon doing my research I contacted the Georgia Department of Revenue (DOR) to try to get an answer. The DOR responded with the following information:
http://rules.sos.state.ga.us/docs/560/12/2/51.pdf
Based on this and what I was told by the DOR that what I was leasing qualified as a parking spot for a trailer and was not subject to taxation in the state - especially if I was staying there more than 90 days. I approached the owner with this information, who also talked with accountants and the state and was told that there was no sales tax on this type of lease. So, going forward there is no tax for an annual lease at the campground.
However, the issue occurred yesterday when I paid my final payment for the lease. With the final payment - I subtracted the sales tax from my lease (since the spot was non-taxable according to the state of GA). Upon doing so, I was told by the owner that because he already paid the tax into the state for this lease - that I am obligated to pay him the full amount including the state sales tax. I was told that this was not up for discussion and that I must pay it in full or I was in breach of the terms of my lease and would need to re-negotiate the lease or lose the lease and the funds already paid in. So, I paid the state sales tax that was listed on the lease.
I was told by the state DOR that I could request a refund from the owner and then he can get a credit on his next return by putting down a deduction for the amount that he refunded OR he could also request a refund from the state after he refunded the sales tax.
Unfortunately, the owner does not want to provide a refund for the sales tax that I paid into the lease. Is there any recourse that I have at this point to get the sales tax back? What actions can I take to get a refund?
Thanks for any information that you can provide.