John Howell wrote: >2. You are responsible for COLLECTING it and >remitting it; the purchaser is responsible for >PAYING it but to you, not to the state.
No. The seller is responsible for paying sales tax, whether it was collected or not. The seller is expected to collect it from the buyer, but if the seller neglects to do so, it's still the seller who owes it to the state, not the buyer. >3. If you don't state it separately my guess is >that the state would assume it's part of and >included in the purchase price, and would have to >be considered as such, but that's just a guess. >YOU would have to think of it that way. The state will not assume that sales tax is included in the purchase price; the state will assume that it is not. You can assert that it is, but unless you have made it clear to the buyer that sales tax is included and you're paying it, you are asserting falsely. If you sell something for $10,000 and forget to collect sales tax, and you then retroactively say, "Oops, well, let's pretend I really sold it for $9,615.38, so here's the $384.61 I owe you," the state's position will be, "No, you really sold it for $10,000 and you owe us $400." If the state bothered to contest your claim, you would lose. But in this example they won't. The difference is $15.39, and the state isn't going to waste it's time over a such a trivial number. And since I'm pretty sure David isn't selling $10,000 worth of CDs, his will be even more trivial still. mdl _______________________________________________ Finale mailing list Finale@shsu.edu http://lists.shsu.edu/mailman/listinfo/finale
