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The Economy Topics and information relating to the economy affecting SOS associates |
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#1
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Maybe I can explain it to you.
I collect sales tax. I have a permit from the state that allows me to take temporary possession of state funds. By applying for that permit I agree to act as an agent of the state for the collection of such sales taxes. The funds at no time ever become "MINE". At all times the money collected as sales tax belongs to the state. I am not an employee of the state. I am an agent of the state for the collection of sales tax. This hotel owner took possession of state funds, that he collected on behalf of the state and kept it. Sales taxes are never placed on the company rather than the customer. I think you may have this a bit confused with tip money and income tax. Because the amount of tips is so variable, waitpersons are charged a tip tax according to their receipts whether or not the tip is actually received. |
#2
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#3
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Which means even if I do not charge a sales tax, I still have to pay it. Like stores that have sales saying they will pay the sales tax. If I COLLECT sales tax, I collect that tax on behalf of the state. It never becomes my money. That makes it embezzlement.
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#4
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I might add that California has never filed embezzlement charges against a retailer in relation to the sales tax code. And there's plenty of huge to small amounts that were never paid. Many, many, many. |
#5
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Absolutely! Sometimes they get caught. Failure to pay sales tax is treated much more harshly than failure to pay income tax. In this case, failure to pay sales tax was treated as embezzlement. What does that tell you?
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#6
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Now that I think of it. Sales tax has to be paid on items you remove from inventory and use yourself, or even if given away. Naturally it would be on the total of what is considered retail sales rather than just what was sold.
If sales tax was to be held separately, you know that retailers would also be required to turn over any interest such sequestered funds generate. Be glad it's not required. I am. |
#7
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Maybe you can explain why the state has never filed embezzlement charges against a retailer for not paying sales tax owed |
#8
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Just because they can, doesn't mean they do. I don't see any impediment to filing embezzlement charges against a retailer that charges and keeps sales tax money. The State of California does consider that a "theft"
http://www.myirstaxrelief.com/sales_...esentation.php This means, that the State tax laws consider you, the responsible person, has “stolen” the sales and use tax-collected money, by your failure to render and pay such sales and use taxes to the appropriate taxing authority agency. Therefore, state taxing authority agencies have extensive powers to recover the sales and use tax-collected money from your business or corporation, with the seizure of assets, and/or liquidation of your business. In California, the State Board of Equalization, BOE, or, SBE, has the power to recover a business’ unpaid sales taxes personally and directly from the owners, officers, shareholders and even the company employees, when certain requirements are met |
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