Sales tax on Heritage invoice?

[oldjudge]

Here is the clause from the terms and conditions:

Lots delivered to you, or your representative in the States of Texas, California, New York, or
other states where the Auction may be held, are subject to all applicable state and local taxes,
unless appropriate permits are on file with Auctioneer. (Note: Coins are only subject to sales tax
in California on invoices under $1500 and in Texas on invoices under $1000. Check the Web site
at: h ttp://coins.ha.com/c/ref/sales-tax.zx f or more details.) B idder agrees to pay Auctioneer
the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an
expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation
of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on
file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such form
or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax paid be
made. Lots from different Auctions may not be aggregated for sales tax purposes.


Doesn't sound like taxes are due if you live outside a state where Heritage has a physical presence.

[Runscott]

Originally Posted by oldjudge

Here is the clause from the terms and conditions:

Lots delivered to you, or your representative in the States of Texas, California, New York, or
other states where the Auction may be held, are subject to all applicable state and local taxes,
unless appropriate permits are on file with Auctioneer. (Note: Coins are only subject to sales tax
in California on invoices under $1500 and in Texas on invoices under $1000. Check the Web site
at: h ttp://coins.ha.com/c/ref/sales-tax.zx f or more details.) B idder agrees to pay Auctioneer
the actual amount of tax due in the event that sales tax is not properly collected due to: 1) an
expired, inaccurate, inappropriate tax certificate or declaration, 2) an incorrect interpretation
of the applicable statute, 3) or any other reason. The appropriate form or certificate must be on
file at and verified by Auctioneer five days prior to Auction or tax must be paid; only if such form
or certificate is received by Auctioneer within 4 days after the Auction can a refund of tax paid be
made. Lots from different Auctions may not be aggregated for sales tax purposes.


Doesn't sound like taxes are due if you live outside a state where Heritage has a physical presence.

That's how I understand it. Basically, it's not up to the state of Texas to collect taxes in other states - that's up to the 'other' states. Heritage has no physical presence in the state of Connecticut, so they can't charge you tax. If they do, you can request a refund from the state of Texas. If you were to visit Texas and buy things that had sales taxes, you could do the same thing - request a refund for all sales tax at the end of the year, then pay the 'use' tax on these items that Connecticut would charge (if any).

[bcbgcbrcb]

I live in NJ and had sales tax applied to my invoice for the first time ever and e-mailed them immediatley upon receipt asking if that was an error. No response yet although it is Sunday. Over $100 difference in cost for me as well.........

[Runscott]

Cool:

As a winner in our 2012 May 3-5 Vintage Sports Collectibles Signature Auction, we wanted to let you know that due to technical difficulties on our end, the invoices were generated incorrectly. Please disregard the invoice you received. We are working on resolving this issue and should have a new invoice ready soon.

Please accept our apologies for any inconvenience this has caused.

Sincerely,

Heritage Client Services

[batsballsbases]

Just recieved a new message from Heritage saying due to techinical difficulties please dis regard your invoice and a new one will be sent. Maybe it has to do with the sales tax that I already paid!!!

[batsballsbases]

I was able to talk to Chris Ivy from heritage and he told me that only Tx. Calif. and New York will be taxed. The program sent out all the invoices with sales tax and new invoices will be sent out and that it will be taken off. If you already paid a refund will be issued! Well that is intresting!

[GoldenAge50s]

I was ready to post the same question! Got my invoice this AM w/ over $200 sales tax & I live in RI.

If you buy from out-of state RI requires one to file a form to pay the tax, hence TX should not tax me or I would be double-dipped!

Section 4--last line from Texas Tax Law:

If you paid another state's sales or use tax on the merchandise, you can take a credit for the amount of sales tax paid to the other state.

Add-On:

I just got my "disregard" notice also.

[Leon]

It was a mistake. They happen. No company in America wants to collect or not collect taxes incorrectly. Anyone is business knows that. I have a very good relationship with the Texas Comptroller's office. They are really pretty good in Texas and will work with you on honest mistakes. They won't forgive taxes but they will work with you if an honest mistake is made. At least that is my experience (AND I have a few of them).

[leaflover]

I live in California. Last year I won items auctioned in Texas and shipped from Texas but had to pay California sales tax. When I questioned the charge I was told, "We have a branch office in Beverly Hills"

No problem. Now I don't open their website, consign items to them, or read any of their publications. In short, I do not do any business with them.

Mike Ryan