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  #11  
Old 12-17-2009, 09:32 AM
Kathy63 Kathy63 is offline
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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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  #12  
Old 12-17-2009, 10:59 AM
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Ayatollahgondola Ayatollahgondola is offline
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Quote:
Originally Posted by Kathy63 View Post
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

Kathy you disappoint me with your reference here. That link is to a private company that wants people to use their services. It seems to me that they have a direct interest in scaring people into thinking they might be committing a crime. Notice they put quotes around the word "stolen"?
I'm still going to hold fast that it isn't a crime....yet
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  #13  
Old 12-17-2009, 04:22 PM
Kathy63 Kathy63 is offline
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You are of course entitled to your opinion. Cheers.
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  #14  
Old 03-10-2010, 07:11 AM
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Ayatollahgondola Ayatollahgondola is offline
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From the "better to owe you than to cheat you" file:

Quote:
Sacramento County Inmate Information System
Inmate Name HAMID, ABDELMAJID MOHAMMAD
Aliases HAMID, ABDELMAJID MOHAMMED
HAMID, ABDELMAJID M
HAMIO, ABDELMAJID M

X-Reference Number X-3805384
Booking/Registry Number 09470603
Date of Birth 02/01/70
Sex Male
Height 5'11"
Weight 200 lbs.
Visits used this week 0 visits used this week. Main Jail Visitation Information
Facility Sacramento County Main Jail (Facility Information)
Housing Location 8E205A
Mailing Address HAMID, ABDELMAJID X-3805384 8E205A
Sacramento County Main Jail
651 "I" Street
Sacramento, CA 95814
Booking Date/Time 03/09/10 at 07:05 PM
Arresting Agency ELK GROVE POLICE DEPARTMENT
Type of Arrest Warrant Arrest
Charges/Bail Case# 10F01097(01) - Warrant Arrest
RT 30480 Felony
MAKE FALSE, FRAUDULENT REPORT TO BOE TO EVADE TAX DUE
Bail: $150,000.00

Total Bail $150,000.00
Outstanding Warrants Unknown
Projected Release Date None
Next Court Date 03/11/10 at 01:30 PM
Court Location & Dept. Department 61 (Courthouse Information)
Here's a lesson:
filing a false report is a big deal, and grounds for arrest and trial.
filing a correct report without paying is not. You can owe them without getting a criminal record or jail time.
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  #15  
Old 04-02-2011, 08:44 PM
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Ayatollahgondola Ayatollahgondola is offline
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Quote:
Originally Posted by Ayatollahgondola View Post
From the "better to owe you than to cheat you" file:



Here's a lesson:
filing a false report is a big deal, and grounds for arrest and trial.
filing a correct report without paying is not. You can owe them without getting a criminal record or jail time.
So the story behind this was related cigarettes. I thought it was odd for the SBOE to pursue a vendor criminally. Cigarettes, liquor, and fuel taxes are very dear to them for some reason. The SBOE publishes a list of x amount of people who owe more than 200k in sales taxes. there are many people on there who owe over a million. there are several people on there who owe several million. None of those are charged criminally.
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  #16  
Old 04-02-2011, 09:03 PM
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Ayatollahgondola Ayatollahgondola is offline
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Quote:
Originally Posted by Ayatollahgondola View Post
Circumstances are unclear on this still, but does failing to pay taxes constitute embezzlement now? If so, this could bring millions of taxpayers under the umbrella of criminal proceedings in the future for having not paid a tax. Up until now, owing money has not been a crime, save for child support arrears which was the first instance that I'm aware of making a debtor a criminal.
Depending on how the tax code is structured in that city, a person required to collect a tax is usually liable for the money even if they didn't collect it, and that would make it his funds under his control until transferred to the city treasury in some manner. If he had access to the city account and stole it from there, that would constitute embezzlement for sure, but this does not appear to be the case here.

Hotel owner charged for allegedly keeping taxes




http://www.sacbee.com/state_wire/story/2378407.html
Mr. Sanjay Bakshi redwood city, south san francisco
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