SALES AND USE TAX EXEMPTION CERTIFICATE REQUEST

[Anonymous]

Hey all... havent been on here is good while.

In a pickle and recently was given a Sales And Use Tax Exemption Certificate Request.

i purchased a machine back 4/2018 from Minnesota and it was delivered to NY. I paid

$48k for the machine w/ shipping included & no tax.

Here is how the letter goes:

Company Name is currently doing an update of sales tax exemption certificates. Our file is currently incomplete for your company.   

We did not collect sales tax on your previous order and therefore need the proper exemption certificate on file.

Said Company is required to collect and remit the appropriate sales tax on all sales shipped to NY. If you are exempt or partially exempt from sales taxes,

please submit the appropriate form(s).
To submit a new exemption certificate, please click the link below or use the following request code on the CertExpress Website:
CertExpress Website: h+ps app,certexpress , com
Request Code: 733-Hw-ZX-DC

-New York State and Local Sales and Use Tax Exempt Use Certificate Form ST-121 forms were attached-
You also have the option to return your completed document(s) via PDF to SaidCompany at certcapture , com
Avalara is working with Said Company to collect these form(s). Should you have any questions regarding completion of the forms, please contact Avalara at 206-826-2252, or via email at  SaidCompany at certcapture , com , and they will be glad to assist you to expedite the process.
Thank you for your cooperation and prompt response in this matter.
Sincerely,
Sales Tax Exemption Certificate Team

OK, I understand that I did not pay a tax on the item, it was never acknowledged from the get go.

I'm also not a business and would use it for personal use. So I cannot complete this form, right?

At the time I was speaking w/ the owner/sales guy, he clearly understood it was for personal use

and that I did not have a business.

As for the tax issue, why now? Why 2+ years later they want tax? The deal was done and completed then.

Would it not be in their responsibility to charge tax? I am not the only one with this issue as I find out.

I understand that states need money nowadays and are trying to find ways to get their dough back but

come on, it was 2 years ago. I have not responded yet to this notice as I'd like to see more views on this matter.

Should it come down to paying the tax, then I have no choice. 2 years later is bs.

Also, im fully aware that anything posted is just an opinion and not to be used as solid advice to use. No one held captive

Any insight would be helpful

Thanks All!

[chiefone4u]

Obviously this is opinion and not any form of legal advice. 

I would ignore the request. As you stated it is the businesses responsibility to collect and transfer the sales/use tax to the appropriate entity. 

Most states (not sure about New York) have a place in your state income tax return to declare out of state purchases brought back or shipped to your home state. This is where *if* required by your state you are supposed to pay the appropriate tax for your purchases. (California, Oregon, Washington and Idaho have this requirement-- with Oregon residents able to request a tax refund on taxes paid to other states).

[Shooting-For-800]

It is your obligation to pay sales tax where YOU live.

No one ever bothers and that is why many companies now charge sales tax on mail order items that never did before.

Sales tax certificates are only usable for Resale and non profit companies anyway.

A machine that is used by a business would have sales tax added.

I would ignore them but would not ignore something from state government.

Your assumption was the price included sales tax, right?  Right!

[Anonymous]

Well... as Chief put it.... not being sure about New York? Hah! oh its there.

What strikes me funny is that it's out of sight out of mind no? companies will

display that the states residence pay tax. So us out of staters pass it up.

Maybe if it was clearly noted that we should pay tax on the items once in our state (those that state)

we'd be more alert to pay it. I mean companies and maufacturers do a good job

with Proposition 65 items plastered everywhere and on everything. They cant do it for tax?

No, dont want to go there just sayin....

Well, im just going to keep this to the side and wait it out. Im covered if need be and

hopefully not more thereafter$.

OK well im a lil relieved to a degree. I know it isnt over yet

or maybe im just on the worried side of it. Let's see what happens.

Thanks all!

[chiefone4u]

Very much this 

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@Shooting-For-800 wrote:

It is your obligation to pay sales tax where YOU live.

No one ever bothers and that is why many companies now charge sales tax on mail order items that never did before.

Sales tax certificates are only usable for Resale and non profit companies anyway.

A machine that is used by a business would have sales tax added.

I would ignore them but would not ignore something from state government.

Your assumption was the price included sales tax, right?  Right!

---

[EAJuggalo]

I can tell you what happened:  The company you purchased from hired the firm Avalara for regulatory compliance.  As part of their getting the company compliant they went through all of the old receipts that the company had that they could still be audited for.  Your transaction  popped in Avalara's system as no tax having been paid.  Sending you the letter shows the company made a good faith effort to follow up and get the required information.  I would ignore it unless you get something from the State of NY.  I'll tell you that in MN you would have been and still would be responsible for paying the 6.5% use tax on a purchase that large from out of state.