Sales tax on reimports

G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

I reimported several machines from Germany back in 2002. Yesterday I
received a letter from the Illinois Department of Revenue stating that I owe
them sales tax on the machines. On top of that I owe them late fees and
interest.

I didn't pay any duty fees when I picked them up and Customs classified them
as pinball machines and I let them know that they were for personal use
only.

I was always thought that there wasn't a state sales tax for reimports.

Does anyone know if there are any forms or anything I can do (legally) to
get out of paying the state?

Please help as the bill is for $1700. I could add another game to the
collection for that amount of cash.

Thanks in advance,

Doug
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

This is something that could vary from state to state. And it may have
nothing to do with reimports, there is a difference between what you pay or
don't pay duty on and what is covered under your states sales tax codes, two
different things entirely. You'll need to talk to a tax attorney well versed
on Illinois sales tax. You might be better off talking to Illinois and
seeing if they'll wave or reduce the late fees and interest. LTG :)

"Doug O'Brien" <dobrien@isdinc.com> wrote in message
news:GnKLe.531$Z%6.184@newssvr17.news.prodigy.com...
> I reimported several machines from Germany back in 2002. Yesterday I
> received a letter from the Illinois Department of Revenue stating that I
owe
> them sales tax on the machines. On top of that I owe them late fees and
> interest.
>
> I didn't pay any duty fees when I picked them up and Customs classified
them
> as pinball machines and I let them know that they were for personal use
> only.
>
> I was always thought that there wasn't a state sales tax for reimports.
>
> Does anyone know if there are any forms or anything I can do (legally) to
> get out of paying the state?
>
> Please help as the bill is for $1700. I could add another game to the
> collection for that amount of cash.
>
> Thanks in advance,
>
> Doug
>
>
 

tako

Distinguished
Jan 22, 2004
5
0
18,510
Archived from groups: rec.games.pinball (More info?)

if you can show them a recent picture of the machines in your game
room, you stand a snowball's chance in hell of finding somebody willing
to believe your story and taking leiniency on you on reducing the
amount owed,etc.. If not, they are going to say you imported for the
money, cough up and that you should have gotten better advice in 2002.


--tako

Doug O'Brien wrote:
> I reimported several machines from Germany back in 2002. Yesterday I
> received a letter from the Illinois Department of Revenue stating that I owe
> them sales tax on the machines. On top of that I owe them late fees and
> interest.
>
> I didn't pay any duty fees when I picked them up and Customs classified them
> as pinball machines and I let them know that they were for personal use
> only.
>
> I was always thought that there wasn't a state sales tax for reimports.
>
> Does anyone know if there are any forms or anything I can do (legally) to
> get out of paying the state?
>
> Please help as the bill is for $1700. I could add another game to the
> collection for that amount of cash.
>
> Thanks in advance,
>
> Doug
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

they are the ones claiming that you have to pay.

ask them to ref the stat that says you do. then go look it up on the
net and see what it says.

its just like if you got a traffic ticket or something. they can't
accuse you of breaking the law without telling you what law was broken.

john

www.kansascitypinball.com
 

martin

Distinguished
Apr 2, 2004
1,031
0
19,280
Archived from groups: rec.games.pinball (More info?)

Use tax is a sneaky trick that states use to capture sales tax on
out-of-state purchases. Mostly, states don't enforce it, which is why
we are looking at these initiatives to collect sales tax on
out-of-state sales. In this case, it looks like your broker reported
the transaction. I don't think that Customs cares about state sales
tax.

You should talk to a tax attorney, but I wouldn't expect good news.
Best you can hope for is a waiver on the penalties.

http://tax.illinois.gov/Individuals/usetax.htm
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

This came from the Illinois Dept of Revenue. This sounds like sales tax (as
stated) which is not the same thing as a duty fee. Since these were made in
US and reimported - I don't believe a duty is due. However, since you took
possesion of these in Illinois - it sounds like Illinois wants you to pay
sales tax on them. Not sure how they found out about this unless the
customs people notified the Illinois dept of revenue.

Here in Nebraska - we must report all purchases online via internet, phone,
etc as 'consumer use' items. If a sales tax wasn't paid at time of
purchase, then a consumer use tax (same as sales tax) is due. They want it
within the first 15 days of January.... and claim everyone should know about
this and must do it or else face penalties. Yeah, like people are going to
report Ebay purchases in order to pay consumer use tax. Illinois might have
a similar type of setup.

The only exemption to the Nebraska consumer use tax is if the item purchased
is specifically for resale.... and you must have a tax ID number. This
way - no taxes are paid by 'the middle man'. As soon as you make this a
'for your use' item, this exemption goes away.

My 2cents,
Ed


"Doug O'Brien" <dobrien@isdinc.com> wrote in message
news:GnKLe.531$Z%6.184@newssvr17.news.prodigy.com...
>I reimported several machines from Germany back in 2002. Yesterday I
>received a letter from the Illinois Department of Revenue stating that I
>owe them sales tax on the machines. On top of that I owe them late fees
>and interest.
>
> I didn't pay any duty fees when I picked them up and Customs classified
> them as pinball machines and I let them know that they were for personal
> use only.
>
> I was always thought that there wasn't a state sales tax for reimports.
>
> Does anyone know if there are any forms or anything I can do (legally) to
> get out of paying the state?
>
> Please help as the bill is for $1700. I could add another game to the
> collection for that amount of cash.
>
> Thanks in advance,
>
> Doug
>
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

Yup, my small business pays the state of IN use taxes on purchases made
outside the state quarterly along with my state sales tax for in state
sales.

It's a pain, but what else can I do legally?

--
http://www.myhomegameroom.com


"GPE" <See_my_website_for_email@cox.net> wrote in message
news:lVSLe.496$tB5.466@okepread06...
>
> This came from the Illinois Dept of Revenue. This sounds like sales tax
> (as stated) which is not the same thing as a duty fee. Since these were
> made in US and reimported - I don't believe a duty is due. However, since
> you took possesion of these in Illinois - it sounds like Illinois wants
> you to pay sales tax on them. Not sure how they found out about this
> unless the customs people notified the Illinois dept of revenue.
>
> Here in Nebraska - we must report all purchases online via internet,
> phone, etc as 'consumer use' items. If a sales tax wasn't paid at time of
> purchase, then a consumer use tax (same as sales tax) is due. They want
> it within the first 15 days of January.... and claim everyone should know
> about this and must do it or else face penalties. Yeah, like people are
> going to report Ebay purchases in order to pay consumer use tax. Illinois
> might have a similar type of setup.
>
> The only exemption to the Nebraska consumer use tax is if the item
> purchased is specifically for resale.... and you must have a tax ID
> number. This way - no taxes are paid by 'the middle man'. As soon as
> you make this a 'for your use' item, this exemption goes away.
>
> My 2cents,
> Ed
>
>
> "Doug O'Brien" <dobrien@isdinc.com> wrote in message
> news:GnKLe.531$Z%6.184@newssvr17.news.prodigy.com...
>>I reimported several machines from Germany back in 2002. Yesterday I
>>received a letter from the Illinois Department of Revenue stating that I
>>owe them sales tax on the machines. On top of that I owe them late fees
>>and interest.
>>
>> I didn't pay any duty fees when I picked them up and Customs classified
>> them as pinball machines and I let them know that they were for personal
>> use only.
>>
>> I was always thought that there wasn't a state sales tax for reimports.
>>
>> Does anyone know if there are any forms or anything I can do (legally) to
>> get out of paying the state?
>>
>> Please help as the bill is for $1700. I could add another game to the
>> collection for that amount of cash.
>>
>> Thanks in advance,
>>
>> Doug
>>
>>
>
>
 

martin

Distinguished
Apr 2, 2004
1,031
0
19,280
Archived from groups: rec.games.pinball (More info?)

There's that old saying about death and taxes. It is true.

many states are trying to get together to agree to collect sales tax on
out-of-tax sales. So John, if your small business sells something to me
in California you will get to collect taxes at 8.25 percent (state +
city + county) and remit to the appropriate authorities.

Whether it will succeed or not is another question. As you might
imagine, it could be quite a paperwork challenge.
 

Adi

Distinguished
Apr 5, 2004
308
0
18,780
Archived from groups: rec.games.pinball (More info?)

That doesn't make sense. You reimported a pinball machine back from Outside
of United States to back into the country. Since these machines were made in
Chicago, IL, you DO NOT have to pay any import of customs duties. You can
look up a "Harmonized Cargo code" for pinball machines, if you can't find
it, let me know I will dig it up for you, I hope.

Again, you do not pay Federal import tax for something that was made here,
shipped out and got back. Now, about the sales tax... What tf are they
talking about - what sales tax, did IL Dept. of Revenue sell you the
machines?

Now, everything I am telling you about is Federal, US Customs and Texas law.
I suppose it could be different for Illinois since they were made there, I
absolutely have no idea and I cannot advise you there. I'd suggest you find
someone who can explain those things to you.Maybe another fellow collector,
maybe someone in IL who imported machines, ex-Wms employee, Stern employee,
somebody who has a business in IL selling pinballs. If they personally don't
know, they might know a broker or a Custom assistance company that helped
them reimport the games back into the country. Do not give them something
just because they are asking you to. Ask for a relevant code, on what basis
are they claiming you owe them what you owe them and why did they wait 3
years to contact you about that matter. I am not giving you any legal,
illegal, half baked or any kind of advice, just stating my opinion, trying
to help.
With all that said I wish you the best of luck and I hope you come out
ahead!

Adi
www.txpinball.com




"Doug O'Brien" <dobrien@isdinc.com> wrote in message
news:GnKLe.531$Z%6.184@newssvr17.news.prodigy.com...
> I reimported several machines from Germany back in 2002. Yesterday I
> received a letter from the Illinois Department of Revenue stating that I
owe
> them sales tax on the machines. On top of that I owe them late fees and
> interest.
>
> I didn't pay any duty fees when I picked them up and Customs classified
them
> as pinball machines and I let them know that they were for personal use
> only.
>
> I was always thought that there wasn't a state sales tax for reimports.
>
> Does anyone know if there are any forms or anything I can do (legally) to
> get out of paying the state?
>
> Please help as the bill is for $1700. I could add another game to the
> collection for that amount of cash.
>
> Thanks in advance,
>
> Doug
>
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

Yes it does make sense. Many states charge sales on almost everything their
residents buy. Even mail order or internet order. Though they may not find
every single item coming into their state. Somethings like a big thing
moving through customs leaves a trail that is easy to find. Sales tax has
nothing to do with duties. So best find out for sure what exactly Illinois
sales tax statutes say about this then proceed. LTG :)

<adi@txpinball.com> wrote in message
news:bySLe.304$hF1.201@newssvr30.news.prodigy.com...
> That doesn't make sense. You reimported a pinball machine back from
Outside
> of United States to back into the country. Since these machines were made
in
> Chicago, IL, you DO NOT have to pay any import of customs duties. You can
> look up a "Harmonized Cargo code" for pinball machines, if you can't find
> it, let me know I will dig it up for you, I hope.
>
> Again, you do not pay Federal import tax for something that was made here,
> shipped out and got back. Now, about the sales tax... What tf are they
> talking about - what sales tax, did IL Dept. of Revenue sell you the
> machines?
>
> Now, everything I am telling you about is Federal, US Customs and Texas
law.
> I suppose it could be different for Illinois since they were made there, I
> absolutely have no idea and I cannot advise you there. I'd suggest you
find
> someone who can explain those things to you.Maybe another fellow
collector,
> maybe someone in IL who imported machines, ex-Wms employee, Stern
employee,
> somebody who has a business in IL selling pinballs. If they personally
don't
> know, they might know a broker or a Custom assistance company that helped
> them reimport the games back into the country. Do not give them something
> just because they are asking you to. Ask for a relevant code, on what
basis
> are they claiming you owe them what you owe them and why did they wait 3
> years to contact you about that matter. I am not giving you any legal,
> illegal, half baked or any kind of advice, just stating my opinion, trying
> to help.
> With all that said I wish you the best of luck and I hope you come out
> ahead!
>
> Adi
> www.txpinball.com
 

Adi

Distinguished
Apr 5, 2004
308
0
18,780
Archived from groups: rec.games.pinball (More info?)

Interesting... Also, could be very true. but, then again, if he bought it
overseas not in Illinois, why state sales tax? My sentiments exactly about
finding out about the statutes.

Adi
www.txpinball.com

"Lloyd Olson" <ltg@ssbilliards.com> wrote in message
news:c_Gdnd__VpPPZWLfRVnyvg@skypoint.com...
> Yes it does make sense. Many states charge sales on almost everything
their
> residents buy. Even mail order or internet order. Though they may not find
> every single item coming into their state. Somethings like a big thing
> moving through customs leaves a trail that is easy to find. Sales tax has
> nothing to do with duties. So best find out for sure what exactly Illinois
> sales tax statutes say about this then proceed. LTG :)
>
> <adi@txpinball.com> wrote in message
> news:bySLe.304$hF1.201@newssvr30.news.prodigy.com...
> > That doesn't make sense. You reimported a pinball machine back from
> Outside
> > of United States to back into the country. Since these machines were
made
> in
> > Chicago, IL, you DO NOT have to pay any import of customs duties. You
can
> > look up a "Harmonized Cargo code" for pinball machines, if you can't
find
> > it, let me know I will dig it up for you, I hope.
> >
> > Again, you do not pay Federal import tax for something that was made
here,
> > shipped out and got back. Now, about the sales tax... What tf are they
> > talking about - what sales tax, did IL Dept. of Revenue sell you the
> > machines?
> >
> > Now, everything I am telling you about is Federal, US Customs and Texas
> law.
> > I suppose it could be different for Illinois since they were made there,
I
> > absolutely have no idea and I cannot advise you there. I'd suggest you
> find
> > someone who can explain those things to you.Maybe another fellow
> collector,
> > maybe someone in IL who imported machines, ex-Wms employee, Stern
> employee,
> > somebody who has a business in IL selling pinballs. If they personally
> don't
> > know, they might know a broker or a Custom assistance company that
helped
> > them reimport the games back into the country. Do not give them
something
> > just because they are asking you to. Ask for a relevant code, on what
> basis
> > are they claiming you owe them what you owe them and why did they wait 3
> > years to contact you about that matter. I am not giving you any legal,
> > illegal, half baked or any kind of advice, just stating my opinion,
trying
> > to help.
> > With all that said I wish you the best of luck and I hope you come out
> > ahead!
> >
> > Adi
> > www.txpinball.com
>
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

He received it in Illinois. He resides in Illinois. Doesn't matter where it
was bought. I'm sure it's coming under sales and use tax. Best find out for
sure just in case Illinois is making a mistake. LTG :)

<adi@txpinball.com> wrote in message
news:gQSLe.308$hF1.81@newssvr30.news.prodigy.com...
> Interesting... Also, could be very true. but, then again, if he bought it
> overseas not in Illinois, why state sales tax? My sentiments exactly about
> finding out about the statutes.
>
> Adi
> www.txpinball.com
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

GPE wrote:

> My 2cents,
> Ed

What's the tax on that Ed?

bogart
www.pinrestore.com
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

Where I live -- that would be $0.0011 in taxes.

-- Ed

"bogart" <pinrestore@gmail.com> wrote in message
news:42TLe.6248$WD.672@newsread1.news.pas.earthlink.net...
> GPE wrote:
>
>> My 2cents,
>> Ed
>
> What's the tax on that Ed?
>
> bogart
> www.pinrestore.com
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

Thanks for all of the responses. Here is what the letter says -

It has been determined by the Illinois Department of Revenue that you have
purchased/imported tangible personal property from a foreign country. The
details of the transaction(s) as declared by you or your agent/broker is in
the attached schedule.

Pursuant to provisions of 86 Illinois Administrative Code, Chapter 1,
Section 150.101, the Department is proposing the following tax liability:

Tax Due: 1277
Late filing Penalty: 48
Interest Due on Tax: 357
Total Due: 1682

It goes on to say if I agree send the $1682, if I don't agree with the
Department's determination, return the unsigned EDA-94 form with an
explanation and documentation to support the legal basis for you
disagreement.

The kicker is that it says if I don't respond in 30 days it will result in
an assessment of taxes penalty and interest. I guess the $400 in penalties
and interest already isn't enough.

I'm pretty sure I am going to have to talk to a tax attorney, I was hoping
that someone on the newsgroup would say "all you need to do is fill out form
xyz and everything will be fine". Very wishful thinking.

I'm going to have to find this 86 Illinois Administrative Code and hopefully
find something that might save me some cash.

Doug

"Lloyd Olson" <ltg@ssbilliards.com> wrote in message
news:z9ydnXygDd2HZmLfRVnyjg@skypoint.com...
> He received it in Illinois. He resides in Illinois. Doesn't matter where
> it
> was bought. I'm sure it's coming under sales and use tax. Best find out
> for
> sure just in case Illinois is making a mistake. LTG :)
>
> <adi@txpinball.com> wrote in message
> news:gQSLe.308$hF1.81@newssvr30.news.prodigy.com...
>> Interesting... Also, could be very true. but, then again, if he bought it
>> overseas not in Illinois, why state sales tax? My sentiments exactly
>> about
>> finding out about the statutes.
>>
>> Adi
>> www.txpinball.com
>
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

Wow, this looks like they are trying to charge you a customs fee for an
imported item.
I didn't know this was done at the state level. Hopefully, "Reimported"
items originally manufactured in the US don't fall under this catagory.
Maybe this is covered in that "Provisions of 86 Illinois Admin code..."
stuff.

We had a heck of a time with customs a few years back. We took a bunch of
PC's and such up into Canada for a demo at a customer site. Took quite abit
of arguing to convince them that we were bringing stuff -back- that was
originally "made in Japan" and already had customs paid on them.
Thankfully, we had receipts for everything and had the serial numbers on
them. Just spent an unexpected day up in northern Minnisota waiting for the
receipts to be fed-ex'd to us. Would have been much nicer if it wasn't in
the dead of winter!

Good luck with this!!!
Ed


"Doug O'Brien" <dobrien@isdinc.com> wrote in message
news:2WTLe.632$AT7.64@newssvr22.news.prodigy.net...
> Thanks for all of the responses. Here is what the letter says -
>
> It has been determined by the Illinois Department of Revenue that you have
> purchased/imported tangible personal property from a foreign country. The
> details of the transaction(s) as declared by you or your agent/broker is
> in the attached schedule.
>
> Pursuant to provisions of 86 Illinois Administrative Code, Chapter 1,
> Section 150.101, the Department is proposing the following tax liability:
>
> Tax Due: 1277
> Late filing Penalty: 48
> Interest Due on Tax: 357
> Total Due: 1682
>
> It goes on to say if I agree send the $1682, if I don't agree with the
> Department's determination, return the unsigned EDA-94 form with an
> explanation and documentation to support the legal basis for you
> disagreement.
>
> The kicker is that it says if I don't respond in 30 days it will result in
> an assessment of taxes penalty and interest. I guess the $400 in
> penalties and interest already isn't enough.
>
> I'm pretty sure I am going to have to talk to a tax attorney, I was hoping
> that someone on the newsgroup would say "all you need to do is fill out
> form xyz and everything will be fine". Very wishful thinking.
>
> I'm going to have to find this 86 Illinois Administrative Code and
> hopefully find something that might save me some cash.
>
> Doug
>
> "Lloyd Olson" <ltg@ssbilliards.com> wrote in message
> news:z9ydnXygDd2HZmLfRVnyjg@skypoint.com...
>> He received it in Illinois. He resides in Illinois. Doesn't matter where
>> it
>> was bought. I'm sure it's coming under sales and use tax. Best find out
>> for
>> sure just in case Illinois is making a mistake. LTG :)
>>
>> <adi@txpinball.com> wrote in message
>> news:gQSLe.308$hF1.81@newssvr30.news.prodigy.com...
>>> Interesting... Also, could be very true. but, then again, if he bought
>>> it
>>> overseas not in Illinois, why state sales tax? My sentiments exactly
>>> about
>>> finding out about the statutes.
>>>
>>> Adi
>>> www.txpinball.com
>>
>>
>
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

It might help to prove to them the machine was originally built in
Illinois. A copy of the flyer usually suffices.

bogart
www.pinrestore.com

Doug O'Brien wrote:
> Thanks for all of the responses. Here is what the letter says -
>
> It has been determined by the Illinois Department of Revenue that you have
> purchased/imported tangible personal property from a foreign country. The
> details of the transaction(s) as declared by you or your agent/broker is in
> the attached schedule.
>
> Pursuant to provisions of 86 Illinois Administrative Code, Chapter 1,
> Section 150.101, the Department is proposing the following tax liability:
>
> Tax Due: 1277
> Late filing Penalty: 48
> Interest Due on Tax: 357
> Total Due: 1682
>
> It goes on to say if I agree send the $1682, if I don't agree with the
> Department's determination, return the unsigned EDA-94 form with an
> explanation and documentation to support the legal basis for you
> disagreement.
>
> The kicker is that it says if I don't respond in 30 days it will result in
> an assessment of taxes penalty and interest. I guess the $400 in penalties
> and interest already isn't enough.
>
> I'm pretty sure I am going to have to talk to a tax attorney, I was hoping
> that someone on the newsgroup would say "all you need to do is fill out form
> xyz and everything will be fine". Very wishful thinking.
>
> I'm going to have to find this 86 Illinois Administrative Code and hopefully
> find something that might save me some cash.
>
> Doug
>
> "Lloyd Olson" <ltg@ssbilliards.com> wrote in message
> news:z9ydnXygDd2HZmLfRVnyjg@skypoint.com...
>
>>He received it in Illinois. He resides in Illinois. Doesn't matter where
>>it
>>was bought. I'm sure it's coming under sales and use tax. Best find out
>>for
>>sure just in case Illinois is making a mistake. LTG :)
>>
>><adi@txpinball.com> wrote in message
>>news:gQSLe.308$hF1.81@newssvr30.news.prodigy.com...
>>
>>>Interesting... Also, could be very true. but, then again, if he bought it
>>>overseas not in Illinois, why state sales tax? My sentiments exactly
>>>about
>>>finding out about the statutes.
>>>
>>>Adi
>>>www.txpinball.com
>>
>>
>
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

>Does anyone know if there are any forms or anything I can do (legally) to
>get out of paying the state?

Everyone else covered why you're stuck with it, as this falls under the
use tax category. Generally ignored on small items, but I can see them
taking interest in $1700 worth of owed taxes.

Personally, though I don't like paying it, it makes perfect sense.
Otherwise you'd never be able to compete with businesses that set up on
state lines and avoided all the taxes that their competitors on the
other side of the line have to deal with.
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

My take is that they just don't know this "imported" stuff was originally
made in the U.S.- just brought back into the U.S. after being exported. So
shouldn't be subject to import tax.

I bought a pin from Canada and brought it [back] into the U.S. and didn't
have to pay any taxes- federal or state.

I don't think this has anything to do with "state sales tax" at all- sounds
like import tax.

Ray J.
--
Action Pinball & Amusement, LLC
Salt Lake City, Utah USA
Web: www.actionpinball.com

We're serious about pinball. Anything else is just for fun!



"Doug O'Brien" <dobrien@isdinc.com> wrote in message
news:2WTLe.632$AT7.64@newssvr22.news.prodigy.net...
> Thanks for all of the responses. Here is what the letter says -
>
> It has been determined by the Illinois Department of Revenue that you have
> purchased/imported tangible personal property from a foreign country. The
> details of the transaction(s) as declared by you or your agent/broker is
in
> the attached schedule.
>
> Pursuant to provisions of 86 Illinois Administrative Code, Chapter 1,
> Section 150.101, the Department is proposing the following tax liability:
>
> Tax Due: 1277
> Late filing Penalty: 48
> Interest Due on Tax: 357
> Total Due: 1682
>
> It goes on to say if I agree send the $1682, if I don't agree with the
> Department's determination, return the unsigned EDA-94 form with an
> explanation and documentation to support the legal basis for you
> disagreement.
>
> The kicker is that it says if I don't respond in 30 days it will result in
> an assessment of taxes penalty and interest. I guess the $400 in
penalties
> and interest already isn't enough.
>
> I'm pretty sure I am going to have to talk to a tax attorney, I was hoping
> that someone on the newsgroup would say "all you need to do is fill out
form
> xyz and everything will be fine". Very wishful thinking.
>
> I'm going to have to find this 86 Illinois Administrative Code and
hopefully
> find something that might save me some cash.
>
> Doug
>
> "Lloyd Olson" <ltg@ssbilliards.com> wrote in message
> news:z9ydnXygDd2HZmLfRVnyjg@skypoint.com...
> > He received it in Illinois. He resides in Illinois. Doesn't matter where
> > it
> > was bought. I'm sure it's coming under sales and use tax. Best find out
> > for
> > sure just in case Illinois is making a mistake. LTG :)
> >
> > <adi@txpinball.com> wrote in message
> > news:gQSLe.308$hF1.81@newssvr30.news.prodigy.com...
> >> Interesting... Also, could be very true. but, then again, if he bought
it
> >> overseas not in Illinois, why state sales tax? My sentiments exactly
> >> about
> >> finding out about the statutes.
> >>
> >> Adi
> >> www.txpinball.com
> >
> >
>
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

read the law not this bs sum of it.

there is a clear requirement that you have to buy it from a "retailer".

you need to figure out what a retailer is defined as under this law.
and then see it the person you got it from meets the def.

john
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

Built in Illinois would have nothing to do with Illinois sales tax. Big
difference between duties and sales tax. LTG :)

"bogart" <pinrestore@gmail.com> wrote in message
news:d7ULe.6260$WD.2808@newsread1.news.pas.earthlink.net...
> It might help to prove to them the machine was originally built in
> Illinois. A copy of the flyer usually suffices.
>
> bogart
> www.pinrestore.com
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

he may be a retailer but is he a "retailer"?

it doesn't matter what you and i think a retailer is this is a "defined
term" and the def in the subject law is all that matters.

i.e. i drive my 1500 pickup for work so you could call it a commercial
motor vehicle. however, under the law a cmv is not any vehicle being
used commercially but defined as a vehicle with a gvwr over 10,000 lbs
and in some cases a cmv is redefined as a vehicle with a gvwr of 26,000
lbs.

you really need to look and see what they are calling a "retailer"
before you make up your mind on this.

john
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

After reading this link I think I'm going to be paying. I guess I will work
on trying to get the interest and late fee waived.

Thanks for the help

"martin" <martin.reynolds@gmail.com> wrote in message
news:1124077537.744891.128220@z14g2000cwz.googlegroups.com...
> Use tax is a sneaky trick that states use to capture sales tax on
> out-of-state purchases. Mostly, states don't enforce it, which is why
> we are looking at these initiatives to collect sales tax on
> out-of-state sales. In this case, it looks like your broker reported
> the transaction. I don't think that Customs cares about state sales
> tax.
>
> You should talk to a tax attorney, but I wouldn't expect good news.
> Best you can hope for is a waiver on the penalties.
>
> http://tax.illinois.gov/Individuals/usetax.htm
>
 
G

Guest

Guest
Archived from groups: rec.games.pinball (More info?)

The Illinois Department of Revenue would have nothing to do with any type of
import taxes. It is most likely a sales/use tax issue.

I'd be asking for the detail of how they arrived at the figure of $1,277.
It's likely some value of the pins that they determined (maybe stated value
on the import docs?) times the local sales tax rate. There may be some room
to argue a lower value of the pins and a lower tax liablility.

Herb Schanke

"Ray Johnson - Action Pinball" <staff@actionpinball.com> wrote in message
news:BqadnRdCZ785WJ3eRVn-1g@aros.net...
> My take is that they just don't know this "imported" stuff was originally
> made in the U.S.- just brought back into the U.S. after being exported.
So
> shouldn't be subject to import tax.
>
> I bought a pin from Canada and brought it [back] into the U.S. and didn't
> have to pay any taxes- federal or state.
>
> I don't think this has anything to do with "state sales tax" at all-
sounds
> like import tax.
>
> Ray J.
> --
> Action Pinball & Amusement, LLC
> Salt Lake City, Utah USA
> Web: www.actionpinball.com
>
> We're serious about pinball. Anything else is just for fun!
>
>
>
> "Doug O'Brien" <dobrien@isdinc.com> wrote in message
> news:2WTLe.632$AT7.64@newssvr22.news.prodigy.net...
> > Thanks for all of the responses. Here is what the letter says -
> >
> > It has been determined by the Illinois Department of Revenue that you
have
> > purchased/imported tangible personal property from a foreign country.
The
> > details of the transaction(s) as declared by you or your agent/broker is
> in
> > the attached schedule.
> >
> > Pursuant to provisions of 86 Illinois Administrative Code, Chapter 1,
> > Section 150.101, the Department is proposing the following tax
liability:
> >
> > Tax Due: 1277
> > Late filing Penalty: 48
> > Interest Due on Tax: 357
> > Total Due: 1682
> >
> > It goes on to say if I agree send the $1682, if I don't agree with the
> > Department's determination, return the unsigned EDA-94 form with an
> > explanation and documentation to support the legal basis for you
> > disagreement.
> >
> > The kicker is that it says if I don't respond in 30 days it will result
in
> > an assessment of taxes penalty and interest. I guess the $400 in
> penalties
> > and interest already isn't enough.
> >
> > I'm pretty sure I am going to have to talk to a tax attorney, I was
hoping
> > that someone on the newsgroup would say "all you need to do is fill out
> form
> > xyz and everything will be fine". Very wishful thinking.
> >
> > I'm going to have to find this 86 Illinois Administrative Code and
> hopefully
> > find something that might save me some cash.
> >
> > Doug
> >
> > "Lloyd Olson" <ltg@ssbilliards.com> wrote in message
> > news:z9ydnXygDd2HZmLfRVnyjg@skypoint.com...
> > > He received it in Illinois. He resides in Illinois. Doesn't matter
where
> > > it
> > > was bought. I'm sure it's coming under sales and use tax. Best find
out
> > > for
> > > sure just in case Illinois is making a mistake. LTG :)
> > >
> > > <adi@txpinball.com> wrote in message
> > > news:gQSLe.308$hF1.81@newssvr30.news.prodigy.com...
> > >> Interesting... Also, could be very true. but, then again, if he
bought
> it
> > >> overseas not in Illinois, why state sales tax? My sentiments exactly
> > >> about
> > >> finding out about the statutes.
> > >>
> > >> Adi
> > >> www.txpinball.com
> > >
> > >
> >
> >
>
>