<VV> The Buffalo Convention Haunts Me

[corvairs]

Alas Bob - you're facing the future. One of many reasons we no longer 
vend at events (Palm Springs may be an exception this year because we 
have been set up for it for the past 8 or so years). The fact is, every 
state in the Union (except Oregon!) has state sales tax. And if you come 
into their state they expect you to be registered and collect the tax. 
Some states will even desire a deposit. Now.......

Few of the states enforce this in any way. And some that do (like CA) 
only require it of "Commercial" sellers (and that's on a county by 
county basis!). There are a few states that are notorious for having 
state tax nazis who visit every little swap meet large or small  (Nevada 
is one of the most famous) but by and large in the past you could come 
to a "private" event (like a Corsa convention) and would never be 
hassled in most states.

Say goodbye to the old days. There are two issues - The "need" for more 
income on the part government at all levels and 2) The sad fact that 
Buffalo "let the cat out of the bag" for Corsa sellers at all future 
conventions. Honestly, some folks from Florida need to let us know how 
agressivly their state enforces state sales tax collection by out of 
state, non commercial, sellers at a private event. Hint - If you call 
the Florida state tax department I can already tell you their answer.

This is a nasty issue, because except in Oregon, nearly anyone selling 
ANYTHING at ANY TIME is supposed to be collecting sales tax - thats the 
100% correct response. (Mail order doesn't count but under the current 
climate that is going to change at some point as well) But the reality 
is there are millions of people every day selling things at conventions, 
swap meets, garage sales, etc etc that DO NOT do so and are NEVER 
harrassed by a sales tax agency.

Yeah, it all sucks. Good luck Bob!     Lon


Robert Marlow wrote:
> Let me begin my noting that I am not a resident of New York State nor do 
> I have a business presence in that state.
>
> In advance of the Buffalo convention some years back, it was recommended 
> that persons intending to sell in the flea market or vendor area obtain 
> a NY State sales tax certificate.  There was the predictable complaining 
> on this list, but the fact was it was easy and painless to obtain the 
> needed certificate.  I did it on-line in a matter of minutes.
>
> Then my plans changed, with the result that I took no parts or 
> merchandise to the convention, I did not obtain a vendor space, and I 
> sold nothing.
>
> Early this year, the New York State Department of Taxation and Finance 
> telephoned me, to ask, in essence, where the hell was my sale tax 
> remittance.  I told the individual my story, and she said that I would 
> have to speak to someone else and that she would transfer me.  I spent 
> the next several minutes on hold before hanging up.
>
> A week or so later they called again and we repeated the process.
>
> Then in May they sent me a bill, for $1500 plus interest and penalty.  
> Excuse me while I say, WTF?
>
> I wrote a concise and polite letter, explaining the situation and 
> recommending that they close my file.
>
> In today's mail comes a revised bill, still for $1500 but with even more 
> interest and penalty now totaling $2,631.90, AND with threats of 
> garnishment, confiscation, and the recommendation that I hire an attorney.
>
> I say again, only this time with supreme irritation, WTF?  New York's 
> moribund legislature is a joke, the unshaven governor is politically 
> impotent, but they are expending money and effort to collect a 
> non-existent debt arising from my attempt to do the right thing.
>
> I checked the "dispute" box on today's form, noted "see enclosed 
> correspondence," and included a copy of my letter from May.
>
> I suspect my miseries are just beginning.
>
> --Bob
>
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