3:30 if you are there, otherwise 4:00.

jk

Sent from my iPad

On Sep 27, 2011, at 3:33 PM, Mark D Lew <markd...@earthlink.net> wrote:

> 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
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