Lawsuit against Businesses Disallowed for Improper Collection ofOhioSales Tax
Businesses faced with the task of collectingOhiosales taxes have received some favorable news involving sales made inOhio. The Sixth Circuit Court of Appeals recently held in Bergmoser v. Smart Document Solutions, LLCthat consumers may not successfully sue businesses to recover improperly collectedOhiosales taxes. Instead, where a business is unwilling or unable to provide a refund the consumer’s sole remedy is to apply for a refund from the state.
Bergmoser seems to indicate that a business may legally collect sales taxes from consumers in situations where the business is unsure about whether the underlying transaction is taxable.
http://www.frostbrowntodd.com/resources-Lawsuit_against_Businesses_Disallowed_for_Improper_Collection_of_Ohio_Sales_Tax_08-20-2008.html
[[[ State sales tax can “only” be applied upon transactions (activity) that occur on land that is owned by the state. ]]]
Now once noticed by notary presentment, that would be a completely different suit. Once noticed and they continue an unlawful collection is a crime, or damages up to seven times. Paul Hansen7-16-2013]]]
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Companies do not collect sales tax, they pay sales tax.
Sales tax is imposed by the state on a company for the privilege of doing business…which the company may pass on to their customers.
The company doesn’t have to pass along the amount if it does not wish to, but it must pay the tax to the state. It could pay the tax out of its profits, savings, it could get a loan…or it can pass it along to the customer. I don’t think the state cares how it gets the money.
I agree with you that the tax is too broadly applied.
True but it is only to be collected for activity on US owned land.