Post Reply

Forum Index   >   Online Tobacco Sales   >   NJ Unpaid Cigarette Tax Notice   >   Post a New Reply

Share/Bookmark this Topic: Digg it Stumble it Submit to Del.icio.us Reddit it Facebook it Blink it Slashdot it Linkagogo it 
Message Author
by BB12 on Fri May 22, 2009 10:23 am
Yes, I believe it was in New York. I thought it was Indian Reservation, but maybe not. Too long ago. I think it was way back in 2003 or 2004! I haven't been able to find any info about Up In Smokes so I guess they went out of business or changed their name.
BB12 Newbie
Newbie Joined: May 15, 2009 Posts: 7
Back to top
 
by MMAARRAA on Fri May 22, 2009 2:52 pm
Well, I can certainly relate to this post. I got my own little letter the other day and after a brief moment of panic, I called the company I purchased from. They claim that it is in fact just a fishing expedition and that the gov't has absolutely no idea when and how many purchases we made. Apparently, this whole thing was Corzine trying to recover some money with the whole economy issue and he is betting on a good percentage of us who have gotten this letter to panic and fill out the form and pay the money. Confused I also just got an envelope from Smoker's Den today with about 100 invoices showing my purchases UGH!

If you are wondering HOW they got your name, I can relay what I was told (whether it is true is another thing). Apparently, when these companies do THIER taxes, they give our names. Mighty nice huh? The only thing about it is that they ONLY give our NAMES. For instance, I live with my boyfriend and my name was on our account, but only my first name so they have the letters coming as my first name with his last name. That is my first tip off that this is crap because the person they are supposedly coming after doesn't even exist.

I am sure they will eventually get the other info in spite of the fact that Smoker's Den claims they can't subpoena it from them.
MMAARRAA Newbie
Newbie Joined: May 22, 2009 Posts: 1 Location: NJ
Back to top
 
by libertarian99 on Fri May 22, 2009 5:24 pm
MMAARRAA wrote:
I am sure they will eventually get the other info in spite of the fact that Smoker's Den claims they can't subpoena it from them.
You might want to read this link about supoenas.

http://www.citmedialaw.org/legal-guide/responding-subpoenas

I would think a subpoena could be served on Smoker's Den, but maybe Smoker's Den would challenge the subpeona by claiming they sent the records to you, thus making it too difficult to gather the information.

Law enforcement might also have grounds to issue a search warrant for the records, since Smoker's Den might tell them the records in question were mailed to you. I would plan ahead for the possibility that the police might show up at my door with a search warrant. It never hurts to be prepared.
libertarian99 Enthusiastic Smoker
Enthusiastic Smoker Joined: May 01, 2009 Posts: 453
Back to top
 
by BB12 on Fri May 22, 2009 10:45 pm
I know this may indeed just be that so called "fishing expedition" but the fact of the matter is that I did purchase from this company. I would rather just pay whatever I owe now and get it over with. As I said , I really did not know taxes would be due on these things, but I also don't think the State should have sent out these so called invoices without any amount due! Maybe their just waiting on the paperwork from the vendor, but want to give us a chance to make a payment under the amnesty first. But if that is the case I think they could of informed us and written better instructions.

This self assessment sheet want to know the dates, numbers of cartons and price per carton. That is were my problem is. I have no idea!! Whatever I put down, it's like I'm testifying that it is correct, when I really have no idea. You must put in the amount or you will get an error message. ( anybody know what a carton of cigs went for in 03-04?) There is another box where it asks if this is a full payment or partial payment? They do not let you put in any remarks. They also want you to only submit payment for one invoice at a time....thank God, so far I only got one invoice!

I will be writing that letter asking the state to please forward the records, if any that they have so I can properly fill out the forms. My mother also contacted her congressman to look into this for her. I'll see what happens with that.
BB12 Newbie
Newbie Joined: May 15, 2009 Posts: 7
Back to top
 
by LA on Sat May 23, 2009 8:53 am
Found this about the time limitations -

Beginning today, the state is allowing people who owe taxes for returns due on or after Jan. 1, 2002, and before Feb. 1, 2009, to settle their bills, using a waiver of penalties and half of the interest as enticements.The amnesty program as part of Gov. Jon Corzine’s attempt to balance a state budget that’s been rocked by revenue losses tied to the weak economy.
from JewKey.com May 23, 2009

And yes - it's the budget -

Corzine detailed his amnesty program earlier this year after announcing the state was facing at least a $2 billion gap between its revenue projections and what was actually being collected.

Critics said frequent amnesty programs take away state revenue while rewarding those who don’t pay taxes promptly. But administration officials have defended the proposal, claiming it would not have been offered if the state wasn’t in a budget crisis.
News Source: Star Ledger
LA Newbie
Newbie Joined: May 19, 2009 Posts: 4
Back to top
 
by Kathy Tappe on Thu Jun 04, 2009 2:29 pm
Sent my payment in today for the tax but still don't know if they have any information. Smokers Den says that they only started reporting sales to NJ as of 7-06, they say that the state keeps calling them for additional information but they are not giving it out. Don't know whether to believe them either. They say they only have information from 7-06 on.
If you are planning on paying, the state told me that no money is due for 2009 until the end of 2009 still ended up making a pretty heafty payment, was buying for other people too, but my name was on the order so I got the letter.
Kathy Tappe Newbie
Newbie Joined: Jun 03, 2009 Posts: 6
Back to top
 
by garhkal on Thu Jun 04, 2009 5:11 pm
BB12 wrote:
The only thing we can do is take a wild guess and hope were at least close to right! If we underpay and they get the actual records we get hit with all the penalties. If we overpay, too bad for us. No refunds Exclamation
What bothers me the most is how the State waits 4-5 years before notifying us. If I had gotten a letter indicating that my online purchases were still subject to taxes, I would have submitted what I owed to the State years ago and would have considered myself warned. I feel bad, my poor mother only ordered because I gave her the info. I thought it would be more convenient for her to have them delivered to her also.

That is why if i ever got one of these notices, i would send back a letter saying
"Due to the constant moves i have to make as part of the US Military, i do not keep records of these purchases. Therefore i have no idea what i need to remit. Since you do not offer or give back any refunds for those who pay too much and fine those who pay too little, i refuse to send in anything till i have been shown a proper bill."

Quote:
Does anybody know is there's a statue of limitations for collecting these taxes. I mean were going back about 5 years!


The only thing i know a SoL on are for crimes. Not tax collection.
garhkal Enthusiastic Smoker
Enthusiastic Smoker Joined: Apr 24, 2009 Posts: 278
Back to top
 
by kimberlynoesgessilva@yaho on Mon Jun 22, 2009 9:50 pm
Yes, I got the same notice!

The government tells us where to buy our cigarettes.

Can this for real be legal?

Have we become so passive or have we completely lost the rights of our opinions?
kimberlynoesgessilva@yaho Newbie
Newbie Joined: Jun 22, 2009 Posts: 2
Back to top
 
by find4more on Mon Jun 29, 2009 11:35 am
I was under the impression that the government tracked internet cigarette sales through the cooperation of credit card companies and all common carriers except the USPS. I believe this is the underlying reason the government is AGAIN trying to pass that damned "Prevent All Cigarette Trafficking Act" of 2009. I have an account with a Native American supplier who mails them via USPS. I pay over the phone using an electronic check, so it's a cash transaction. I think that's why, so far, I haven't been sent notices I owe taxes although I've been getting cigs through the mail for about 5 years.

The thing that angers me the most is that technically ANYBODY who buys over the internet anything which is taxed in their state is subject to use tax. No one PAYS use tax because the states don't bother to enforce it. The fact that they are only going after smokers makes my blood boil, because smokers are the only group they've targeted for INSANELY high taxes. The PACT 2009 law is unconstitutional because it is in restraint of interstate trade of legal products...They would have to make smoking illegal to make this proposed law constitutional...

Years ago, I used to favor a national sales tax instead of an income tax. Believe me, I've reevaluated that position since nanny government is more than happy to bleed a buying minority to death with the happy approval of the majority.
find4more Newbie
Newbie Joined: Jun 29, 2009 Posts: 2 Location: United States
Back to top
 


All times are GMT - 5 Hours
Page 2 of 2
Goto page Previous  1, 2