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Deval Patrick's Administration orders NH Businesses to Collect Mass Sales Tax

by: Rob "EaBo Clipper" Eno

Tue Feb 03, 2009 at 08:01:00 AM EST


Governor Deval Patrick's (D-MA) Administration has ordered Town Fair Tire a Connecticut company with 5 stores in NH and 25 stores in Massachusetts to collect Massachusetts sales tax on Massachusetts residents purchases in New Hampshire.  The Boston Globe is reporting.

Town Fair Tire Centers, which is based in Connecticut but has six shops in New Hampshire and 25 in Massachusetts, is fighting back with a lawsuit now before the Massachusetts Supreme Judicial Court that accuses the state of violating the US commerce clause. If Massachusetts prevails in the case, which is likely to be heard next month, it could drive up costs for consumers and retailers such as Best Buy and Sears that sell expensive home appliances and other goods in New Hampshire, which doesn't have a state sales tax. It also could mean millions of dollars in new tax revenue for the Commonwealth as it faces a $1.1 billion budget deficit, according to tax analysts.

Now this of course isn't sitting well with the good residents of BorderTown Massachusetts.

The idea that Massachusetts consumers can't enjoy a tax break isn't sitting well with the locals in this troubled economy. Just last week Governor Deval Patrick proposed taxing alcohol, candy, and soda, and raising taxes on hotels and meals.

"People are free to buy their tires wherever they want at the best price," said Erin Willet of Lunenburg, who routinely drives 20 miles to Nashua, N.H., to avoid tax on household items and big ticket purchases like appliances. "If Massachusetts doesn't like it, then they should have predictable tax-free holidays so that people can plan their shopping to take advantage of it."

Yes there is a "use tax", which is a nifty way to get around the commerce clause of the United States Constitution, but that is not the responsibility of Town Fair Tire to collect.  If I were Governor John Lynch I'd be getting the National Guard ready.  Governor Patrick has just declared war on your retail economy.

Rob "EaBo Clipper" Eno :: Deval Patrick's Administration orders NH Businesses to Collect Mass Sales Tax
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Where are all the liberal and Ron Paulites worried about the (5.00 / 3)
Patriot Act?

...many Massachusetts residents don't file use taxes, tax authorities say, and individual violators are nearly impossible to detect. The invoices and receipts kept by retailers, however, have made it possible for the state to track down the customers' plans to use their merchandise in the Commonwealth, according to Brown.

This smacks of Big Brother! Where's the Civil Liberties crowd? If government can find this out can't they find out if someone had an abortion in NH, or purchased a gun there?  

"Work is the essence of Man."


It's not just NH - Deval also wants to tax Internationally (0.00 / 0)
I totally missed this, but did you see on Sat Deval always wants to go against international treaties and tax international companies?

http://www.bostonherald.com/bu...

The move by the Organization for International Investment, which is upset with the state's "combined reporting" tax aimed at raising $400 million, is the second time this month in which firms have threatened to cut or suspend activities in Massachusetts due to a new law.

I didn't know this - so Deval's policies are keeping people away from the convention center... argh.. when does the bleeding stop?

Earlier this month, two life-science groups said they wouldn't hold future conventions in Boston because of a recently passed bill cracking down on gifts to doctors from pharmaceutical firms.

It's double taxation as these companies pay taxes were they are located and again when they do business here.  


The group is mad about the tax law - passed last year at the urging of Patrick - that's designed to close what supporters say is a blatant loophole that allowed firms to shift profits across borders to avoid state taxes.

"It's a form of double taxation," said Nancy McLernon, executive director of the group.



[ Parent ]
They seem to only get angry when its Republicans doing these things (5.00 / 1)


He describes himself as "to the left of Barack Obama'' on social issues and is frustrated that more folks don't appreciate that. - Yvonne Abraham on Charlie Baker, The Boston Globe

[ Parent ]
The vast (0.00 / 0)
majority of Patriot Act opponents have never read the document or cross referenced the laws involved.

This is why I but all my major purchases in NH......WITH COLD HARD-EARNED CASH....and refuse the added warrantee package......no electronic trail.

"The best part will be the arrest of all the biotech workers....."  --JH


[ Parent ]
Well, I guess there's only one solution if going up there: (0.00 / 0)
Pay cash.  Always.  What are they gonna do, take a picture of your license plate?  That's how they find out the info: credit card transactions.

Eric Gittleman
Boston Ward 21 Republican Committee (Allston, Brighton, Fenway/Kenmore)

My views do not necessarily reflect those of the Ward 21 Republican Committee, the Boston Republican City Committee, or any officers or members thereof.


Exactly My Thoughts .. (0.00 / 0)
Pay cash and tell them your home address is Wrigley Field.
What next, mandatory ID for all purchases?

[ Parent ]
Scary Stuff! (4.00 / 1)
Good for Town Fair Tire in taking this one to the courts. I don't think they'll win but they'll get my business for fighting our a-hole governor's fascistic idea.

He describes himself as "to the left of Barack Obama'' on social issues and is frustrated that more folks don't appreciate that. - Yvonne Abraham on Charlie Baker, The Boston Globe

Totaly cRAZY .. (0.00 / 0)
With this one turd nugget of an idea the powers that guide us are attempting to upset centuries of established order. How in the heck is it that they imagine anyone who is outside of their jurisdiction is in any way responsible to them. I mean, if I am running a farm stand on the side of the road and some guy from Nebraska comes by and purchases an ear, does that make me subject to Nebraska law by telepathy or something?
Wanna bet the Mass court embarreses itself by ruling in its usual arrogant manner only to wind up being rebuked by every federal court on the way up the ladder?
Here's hoping Boston gets whacked for all the tire shops legal costs as well some tasty punitive damages that they can wear as a badge of honor.
This entire action is frivilous on Bostons part IMO

[ Parent ]
Jurisdiction is the word (0.00 / 0)
For the state to think it can turn someone outside its jurisdiction into a revenue collector on its behalf, with sanctions for noncompliance, seems to me unrealistic.  The use-tax already exists just because of interstate tax issues like this, but you're right about the incredible arrogance of our supreme court.  

[ Parent ]
Desperate Deval (0.00 / 0)
The Gov. is so desperate for revenue, more shortfalls to come and MORE cuts to local aid!

Mark McGwire "I'm not here to talk about the past"

Is there anything this guy wont threaten to tax?! (0.00 / 0)


He describes himself as "to the left of Barack Obama'' on social issues and is frustrated that more folks don't appreciate that. - Yvonne Abraham on Charlie Baker, The Boston Globe

[ Parent ]
If (0.00 / 0)
this survives in ANY way shape or form, then it will be WAR.
NH will do what they will have to do, and MA. customers who buy in NH. like myself will do what WE gotta do.

Pay cash, get surrogates, false info etc.
Just like hackers are always one step ahead of security, consumers IF WANTED will be one step ahead of jerkoff hacks!!

One could even take a picture of the new tires bought in NH., anonymously mail them to the Governor Caddy's office with the caption .."HAHAHAHA...could luck Caddy"

"From MY cold dead hands"


Great Idea for a campaign !! (0.00 / 0)
Let's organize  a campiagn tp do just that. We can use the pictures in Sundays' paper. Let's cut them out ans mail them into his office. Thoughts anyone ???

[ Parent ]
FYI - This is the existing law - read & discuss.... (0.00 / 0)
What is the Use Tax?

The use tax is a 5 percent tax paid on out-of-state or out-of-country purchases that are used, stored, or consumed in Massachusetts and on which no Massachusetts sales/use tax was paid. Unlike the 5 percent sales tax, which is collected by merchants, use tax is paid directly to the state by the purchaser.  The use tax does not apply to purchases that are exempt from the Massachusetts sales tax, e.g., items of clothing that cost $175 or less.  Generally, taxpayers who pay a sales/use tax to another state or U.S.territory are entitled to a credit up to the 5 percent Massachusetts sales/use tax rate if the other state has a reciprocal sales/use tax credit policy with the Commonwealth.  If no Massachusetts sales/use tax was paid at the time of purchase, then a use tax is due when:  

Goods are purchased from an out-of-state or out-of-country vendor for personal use in Massachusetts.  The total purchase price is subject to use tax.

Goods, such as jewelry, artwork, antiques, furniture or household items,are purchased and imported into Massachusetts for personal use.

Goods are purchased in another state or country without paying sales tax or the amount of sales tax paid to another state was lower than the Massachusetts sales/use tax rate. No credit is allowed for a value-added tax(VAT) paid to another country.

Goods are purchased out-of-state or out-of-country from a mail-order catalog,auction house, or over the Internet.

Supplies, furniture, fixtures and equipment are purchased from an out-of-state or out-of-country vendor for
business use in Massachusetts.

Property is delivered, shipped or brought into Massachusetts within six months after purchase, unless it is proven the property is not for use in Massachusetts.  A use tax is not due when:

Goods are purchased for resale withinthe normal course of business.

Goods are purchased to be used as an ingredient or component part of an article of tangible personal property produced for sale. Also, machinery and equipment used in manufacturing operations are not subject to tax.

Sales or use tax is paid to another state or U.S. territory on tangible personal property to be used in Massachusetts. A credit of up to the 5 percent Massachusetts sales/use tax rate is allowed against sales tax paid to another state only if that state has a reciprocal sales/use tax credit policy with Massachusetts. If you need information about a specific state, call DOR's Customer Service Bureau at (617) 887-MDOR or toll-free in Massachusetts at 1-800-392-6089.

Individuals may report and pay their unpaid use tax on their personal incometax returns, Form 1, Telefile or Form1-NR/PY. Taxpayers may also, if they prefer, use Form ST-11 (Individual Use Tax Return) or ST-10 (Business Use Tax Return). These returns are due with payment on or before April 15 for purchases made in the prior calendar year. Make check payable to the Commonwealth of Massachusetts and send to: Department of Revenue, PO Box 7009, Boston,MA 02204.  For more information, see A Guide to Sales and Use Tax, available on the DOR website at www.mass.gov/dor.



Yr. Obedient Servant, Peter Porcupine, Republican

Nickel and Dime tax evaders up stream on this post!! (0.00 / 0)
Next thing we'll hear will be gleeful reports about  paying their occasional help around the house or yard "under the table".  

 


[ Parent ]
Practice Makes Perfect .. (5.00 / 2)
Todays nickle and dime tax evader is tommorows high ranking government official. We all need to work on those skills necesary to thrive in this new world order.

[ Parent ]
Keep practicing for the next Republican administration. (0.00 / 0)
Pay cash and tell them your home address is Wrigley Field.

huuum......... and so you perjure yourself on your state income tax form? What's your name again?

What next, mandatory ID for all purchases?

Maybe they could just take pictures of license plates.

 


[ Parent ]
You're missing (0.00 / 0)
that some asininely stupid laws are MEANT to be broken as a matter of defiance........or do you think all fornicators should be busted by the Man?

"The best part will be the arrest of all the biotech workers....."  --JH

[ Parent ]
OMG!!!!! (0.00 / 0)
I bought a case of wine and a carton of smokes on my way back from NH and drank and smoked it all in MA....TAX EVADER TAX EVADER.

YEs.....I pay the 13 y.o. kid from down the street "under the table" to mow my lawn and shovel my driveway.....TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER.

I pay my kids an allowance for doing manual labor chores.....TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER TAX EVADER.

None of this is true....don't smoke or buy cases of wine, do my own shovelling, have no lawn and have no kids.....but DAMN....love to see State troopers in parking lots in Windham, NH making note of everything I buy and then following me into MA and checking the Big Brother database to see if I paid MA taxes on my purchases.........and then come knocking on my door.

.....and if I still smokes cigs, I WOULD be going to NH for 'em.

"The best part will be the arrest of all the biotech workers....."  --JH


[ Parent ]
If we all avoid paying taxes then maybe we can get jobs (0.00 / 0)
in the Obama administration.  At the very least we will get nominated.

[ Parent ]
You're kidding me.... (0.00 / 0)
soon as the Obamessiah was elected, I stopped paying all my bills, including my mortgage......and am waiting for the Obamessiah to bail me out.

"The best part will be the arrest of all the biotech workers....."  --JH

[ Parent ]
The tax is crazy and unenforceable. (0.00 / 0)
Often I go to New Hampshire on vacation.  When there I buy items in NH stores which I use while 'there' on vacation - i.e. frisbees, tanning lotion, kites, etc.  So even though I am from Massachusetts and I buy these items in New Hamshire I am still using them in New Hampshire and should not be taxed for their use in Massachusetts.  If the stores are supposed to tax anyone for items simply because they live in Massachusetts then that is a question of constitutionality.  Is it legal to tax someone differently because of where they are from?

So, if I buy tires what percent am I supposed to apply to the 'use' tax?  I use those tires on all my excursions to New Hampshire, Maine, Vermont and elsewhere, so Massachusetts would be wrong to tax me for the full amount as I am not fully using the tires in Massachusetts.  This tax assumes that the tires are fully utilized and consumed in the state of Massachusetts and that is not the case.

Massachusetts does the same thing with people that live in NH and work in Massachusetts.  The state asks the NH residents to calculate and document the number of days they physically worked in Massachusetts and to declare that percent as part of their income tax for Massachusetts.

Does anyone still wonder why people are leaving the state and taking their business elsewhere?


Not me..... (0.00 / 0)
'nuff said...

"The best part will be the arrest of all the biotech workers....."  --JH

[ Parent ]


Adverstise here for as low as $60 per week.





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