Slanderous TAX comments against FFLs

[Suchar-Enterprises]

CALIFORNIA SALES AND USE TAX ANNOTATIONS
495.0848 Delivery by Licensed Firearm Dealer

[rromeo]

The BOE tax code about the collection of sales tax has been in effect for quite a while

76 years.

[halifax]

I'm always upfront with my customers about the tax collection. If afterwards, they came on here and posted otherwise or accussed the "dealer" (not specifcally me) of not remitting the money to the BOE, I think I'd let it slide. Some people just need drama in their lives.

If I'm being accused diectly by name of breaking the law, I'd appeal to a moderator first.

[kemasa]

Sorry to say that type of comment is nothing new. There is no new changes to the law and so FFLs who have been doing as required by collecting the sales tax have been attacked for a long time.

All you can do is to provide the documentation show that the FFL is required to pay the sales tax and that it is not an option to have the person pay at the end of the year. The claim that you might not pay the sales tax is joke since that is your problem and your issue, which is most likely a felony and is called tax evasion. The state really does not like those that collect sales tax and don't give it to them. It would be safer to not collect it than to not give it to the state.

You can respond to the person and refer them to the FAQ. You could sue the person, but you would have to prove that you have been harmed. Personally, I would like to know who the person is so that it is possible to avoid doing business with such a person. A link to the thread would work.

[r3dn3ck]

yet another dealer not accepting of the fact that people suck generally and usually individually.

[lorax3]

It's unfortunate, I've hears lots of consumers upset when the BOE started cracking down on this recently. I wish people didn't blame FFL's, really has nothing to do with them.

If anyone wants to admit, did they get hit with having to pay back taxes? Word through the grape vine is a couple dealers are having to do this. Someone around here had to pay some 30K+ apparently. Not sure if they were warned multiple times about tax and never paid or what.

[tenpercentfirearms]

Just show them the letter and that is that. There will always be a few bad customers. Kill them with kindness and move on.

[707electrician]

Just complete the transaction and don't do business with them again. Its unlikely that they are going to hurt your reputation since most of us know you are just doing what you are required to do

[dctex99]

People are just frustrated

Frustrated that SO many people collect tax and it never gets to the BOE. Its not the FFL's but OTHER stores, be it the motel I stayed at a couple of weeks ago that was owned by a foreigner who said $30 CASH, He did not collect the Bed tax or pay it either. Or the many liquor stores and small businesses, be it at the swap meet or a fairly large store but privately owned; we all know that thousands go into their pockets and they collect the tax and NEVER pay it to California!! I have seen it all my life! I had an A/C motor replaced last summer and they charged me "$150 includes tax" for the motor. I have a friend at the supplier who told me they DO NOT have a resale number and PAID them $50 plus Tax for the motor; at least they got SOME tax that time....it goes on...and on here it is taken out oon the FFL's!!

[CSACANNONEER]

It was his fault for not knowing that Ca is strong arming FFLs into working as tax collectors for free. Hell, we all know that no FFL wants the extra trouble and expenses associated with collecting taxes, well, at least the inteligent ones of us do. Obviously, your customer isn't among the inteligent and educated +90% of us. Don't worry too much, his post really only slanders him by pointing out his lack of knowledge and promotes you by proving that you are conducting your bussiness in a legal and honset fashion. BTW, I am not a FFL but, after reading his post, I would use you if you were closer.

[kemasa]

ALL retail businesses are working as tax collectors for free, so it is not about strong arming FFLs. The requirements for FFLs to collect sales tax on firearms from out of state has been on the books for years. The real issue is that some FFLs have not been following the law, so people think that the law is something other than what it really is. The interesting thing is that people don't hold other businesses in the same way. If you special order an item, you don't expect the store to not collect sales tax. You don't tell the business that you should be allowed to pay the sales tax at the end of the year.

People just don't get that because the item goes through a business that sales tax has to be collected in many cases (except for some private sales).

One problem is that the BOE is trying to change their view. I was told on the phone that if a firearm came from a private party that sales tax had to be collected on it. I requested an official response and have not heard back, but I did find my letter from the BOE, dated 2009, that sales tax was not to be collected if it was a private sale, an occasional sale and not from a business. This type of behavior is a problem since the laws have not changed.

[monorailboy]

I think because there is such a inconsistency between FFL's that do and dont collect tax that the consumer feels that this is a padded fee. Hence, their concern that these fees are not being sent to BOE. All they need do is contact BOE and inquire if that FFL has been following process. Happy Holidays all

[tenpercentfirearms]

I think because there is such a inconsistency between FFL's that do and dont collect tax that the consumer feels that this is a padded fee. Hence, their concern that these fees are not being sent to BOE. All they need do is contact BOE and inquire if that FFL has been following process. Happy Holidays all

The BOE won't know unless they do an audit. All I submit every quarter is gross sales and how much was taxable.

If you get a receipt that shows tax was paid, odds are the dealer is remitting the tax to the BOE. To do anything else is stupid since there is a clear paper trail showing the dealer collected the tax if the tax is not being sent to the BOE.

If I was going to steal some money, it wouldn't be the BOE's money. They will do something about it. I personally don't want to steal anyone's money. I am too busy gouging everyone and make my own!

[SPaikmos]

I think because there is such a inconsistency between FFL's that do and dont collect tax that the consumer feels that this is a padded fee. Hence, their concern that these fees are not being sent to BOE. All they need do is contact BOE and inquire if that FFL has been following process. Happy Holidays all

^^ This.

When the law is applied inconsistently, and FFLs are getting on board at different times, it confuses customers. Especially the ones that shop around and realize that some are collecting and some are not.

Ideally, if all FFLs decided to follow a uniform procedure starting on a given date (i.e. Jan 1) then everyone would get the same message and there would be less drama.

Maybe the new Calguns FFL thingy will facilitate this? I'd love it if they standardized the PPT process.

[philobeddoe]

I've done business with Mr. Suchar on more than one occasion, and wouldn't hesitate to do so again, regardless of anyones grievances with the tax code. Suchar is an honest fair dealer.