Author Topic: Letitia James harassing B&H  (Read 11963 times)

Offline skyguy918

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Re: Letitia James harassing B&H
« Reply #20 on: November 14, 2019, 06:57:08 PM »
This is what happens when a Deblasio prodigy gets too much power. Just wait, this is only the beginning.
I think you mean protege.

Offline shapsam

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Re: Letitia James harassing B&H
« Reply #21 on: November 14, 2019, 07:16:32 PM »
Doesn't look good for B&H. And they pretty much admitted doing that in the letter above.
Just means NY will also go after other places.
So why start (only) with B&H? עפעס שטימט נישט...


Offline shapsam

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Offline EliJelly

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Re: Letitia James harassing B&H
« Reply #23 on: November 14, 2019, 08:13:45 PM »
Costco actually does charge tax on the original pre discounted price.
That's the bitter part of my Costco receipt.

Offline Alexsei

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Offline pointer

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Re: Letitia James harassing B&H
« Reply #25 on: November 14, 2019, 08:17:42 PM »
Costco actually does charge tax on the original pre discounted price.
So

If "An item has a price of $1010, but $1000 instant rebate, so final price is $10. How much should the consumer have to pay:

A) $11 ($10 plus $1 tax).
B) $111 ($10 plus $101 tax)"

B ?

Offline shapsam

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Re: Letitia James harassing B&H
« Reply #26 on: November 14, 2019, 10:00:27 PM »
So why start (only) with B&H? עפעס שטימט נישט...
Also, I'm curious how Ms. James came across this alleged violation. I don't think she was doing online shopping for a camera and happened to have stumbled upon it...

According to B&H they past multiple audits, so unlikely that the NY department of taxation first recommend this suit.

Other times there are complaints from consumers that initiates an investigation, but obviously that didn't happen here.

There must be more to this story.

Offline Something Fishy

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Re: Letitia James harassing B&H
« Reply #27 on: November 14, 2019, 10:19:11 PM »
Also, I'm curious how Ms. James came across this alleged violation. I don't think she was doing online shopping for a camera and happened to have stumbled upon it...

According to B&H they past multiple audits, so unlikely that the NY department of taxation first recommend this suit.

Other times there are complaints from consumers that initiates an investigation, but obviously that didn't happen here.

There must be more to this story.

There was a whistleblower.
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Offline 4yourinfo

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Re: Letitia James harassing B&H
« Reply #28 on: November 14, 2019, 10:35:07 PM »
I always wondered why do stores do an instant rebate and not flat out lower the price? BJ's Costco have always been doing it costing buyers 100s in sales tax. It can't just be that the manufacturer  doesn't let the price to be lower as I'm pretty sure I've seen it on store branded items. The only answer I can think of is these stores are playing around with their net income by saying we had x amount in rebates which they take off even after their final profit?

Offline shmooz

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Re: Letitia James harassing B&H
« Reply #29 on: November 15, 2019, 09:09:22 AM »
This happens with cars too. Some states collect the tax on the pre rebate amount. Why? Because they can and no one can stop them.
I feel bad for b&h but they may be legally wrong.

Offline stooges44

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Re: Letitia James harassing B&H
« Reply #30 on: November 15, 2019, 09:43:21 AM »
There was a whistleblower.

Disgruntled employee? (now ex-employee)
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Offline shaulyaakov

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Re: Letitia James harassing B&H
« Reply #31 on: November 16, 2019, 11:48:41 PM »
So

If "An item has a price of $1010, but $1000 instant rebate, so final price is $10. How much should the consumer have to pay:

A) $11 ($10 plus $1 tax).
B) $111 ($10 plus $101 tax)"

B ?
The law seems to be thst the retailer owes tax on the full amount, which should be passed along to the consumer.

Offline yesitsme

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Re: Letitia James harassing B&H
« Reply #32 on: November 17, 2019, 01:34:57 AM »
So

If "An item has a price of $1010, but $1000 instant rebate, so final price is $10. How much should the consumer have to pay:

A) $11 ($10 plus $1 tax).
B) $111 ($10 plus $101 tax)"

B ?
$10 plus $1 tax from the consumer + 100 tax from the seller against the $1000 instant rebate

in my understanding sellers are required to to Remit sales tax and they have the right to collect it from the customer, in this case there is no customer since the manufacture pays the difference they pay the sales tax out of pocket
« Last Edit: November 17, 2019, 01:39:25 AM by yesitsme »
["-"]

Offline Yammer

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Re: Letitia James harassing B&H
« Reply #33 on: November 17, 2019, 02:09:06 AM »
$10 plus $1 tax from the consumer + 100 tax from the seller against the $1000 instant rebate

in my understanding sellers are required to to Remit sales tax and they have the right to collect it from the customer, in this case there is no customer since the manufacture pays the difference they pay the sales tax out of pocket
Would this be your answer before you read this thread/Lawsuit?

Offline shaulyaakov

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Re: Letitia James harassing B&H
« Reply #34 on: November 17, 2019, 07:51:28 AM »
Would this be your answer before you read this thread/Lawsuit?
How is that relevant? If you run a multi million dollar retsil operation, you're supposed to have people who know how to do this. Ignorance is never an excuse to avoid paying.

Offline Yammer

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Re: Letitia James harassing B&H
« Reply #35 on: November 17, 2019, 10:30:56 AM »
How is that relevant? If you run a multi million dollar retsil operation, you're supposed to have people who know how to do this. Ignorance is never an excuse to avoid paying.
The fact that its a widespread industry standard, and that multiple audit's over the years haven't flagged them for this, shows that it's at best a grey area.

It has nothing to do with ignorance.

Offline shaulyaakov

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Re: Letitia James harassing B&H
« Reply #36 on: November 17, 2019, 10:37:53 AM »
The fact that its a widespread industry standard, and that multiple audit's over the years haven't flagged them for this, shows that it's at best a grey area.

It has nothing to do with ignorance.
From the NYS taxation page. Seems pretty black and white.

Regarding the audits, the AG aledges that there was fraud to cover it - maybe it's true, maybe it's not. As was pointed out, Costco charges sales tax on the full price.

So I guess b&h can try to challange the law itself but it seems like something that they should have been doing.

Offline Dan

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Re: Letitia James harassing B&H
« Reply #37 on: November 17, 2019, 10:39:55 AM »
Sounds like a terrible law, but doesn't look good for B&H.
Surprising that they admitted to doing it so quickly.
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Offline shaulyaakov

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Re: Letitia James harassing B&H
« Reply #38 on: November 17, 2019, 10:42:15 AM »
There's a further question over whether b&h can then pass the tax along to the consumer or whether they need to cover it (and thus need to factor that into their COGS). But wherhwe or not consumers need to pay it doesn't absolve b&h from their requirement to remit it.

Offline shaulyaakov

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Re: Letitia James harassing B&H
« Reply #39 on: November 17, 2019, 10:48:01 AM »
If it's so common, can someone link to a current product from any other retailer that lists products like this and isn't collecting the tax?