What this and every other statement from b&h has ignored is that discounts =/= instant rebates.
https://m.dpreview.com/news/3798275254/b-h-photo-releases-statement-refuting-allegations-it-defrauded-ny-out-of-millions-in-sales-tax
It's worth noting that just because other retailers charge the same sales tax at checkout doesn't necessarily mean they're not appropriately paying taxes on the rebates they've received from the manufacturers — income that, according to the lawsuit, B&H hasn't paid taxes on to the tune of millions.According to his statement, Gerstel is claiming the full tax price would be passed on to customers. However, as noted in the examples he provided, the customer is only required to pay the sales tax on the amount they're paying for the discounted product. B&H Photo, on the other hand, would be responsible for paying the remaining difference between the discounted price and the full price, which is refunded to them through the manufacturer. Gerstel himself notes that it's their job to 'collect and remit' sales tax collected from the customer, but what he fails to mention is the tax on the remaining money B&H receives from the manufacturer to make up the full cost of the products.
The part about NYS Dept of Tax and Finance audits is pretty persuasive if true though.
Unless you beleive the AG allegation of fraud.
Interesting that it seems that it was dismissed over yom tov.
They have an extra zechus to get this news on Chol Hamoed when they (including their website) are closed despite the potential for missed sales.
Now that the case was dismissed can we file a class action lawsuit against all the stores who charged us tax on instant rebates?