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by infinitethoughts
on Fri Oct 16, 2009 12:46 pm |
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mycricket wrote: ...The taxes are about $20.00 a carton. Looking at about 2-3 cartons a month over 4 years , I might as well just go live on the streets. Any advice on how to fight this? I....
This might be the ticket for you. Go to the Media !
Big Bully (Govs) do NOT like their tactics exposed. This is what another person did, (can't remember who or where, it wasn't for internet tax tho, some other tax) and it worked wonders. 
Make sure you emphasize how high the percentage in tax is on each cartoon. People do not like High Extortion fees, otherwise knows as exorbitant(1) "taxes", on anybody.
(1)Definition –adjective
exceeding the bounds of custom, propriety, or reason, esp. in amount or extent; highly excessive: to charge an exorbitant price; exorbitant luxury. |
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infinitethoughts
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by LSimon
on Sun Dec 20, 2009 10:49 pm |
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| This is a crying shame and there seems to be nothing we can do about it but complain to each other. I wish that non-smokers would realize just how much this can affect them. I laugh when I see the commercial about taxing sodas and juice products. I imagine that some of these people are anti-smokers that cheered vigorously each time the cigarette taxes went up and laws became more restrictive. It is a bleak time in America. All of our so-called representatives can do is think of more ways and things to tax us into the ground on. It's very discouraging as I suppose it was meant to be. |
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LSimon
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by ChelleBellsbrain
on Tue Dec 22, 2009 5:26 am |
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Not that this is that much help, but I do have a suggestion or two.
1: Don't tell them a thing. Plead the 5th, tell them you want a lawyer and refuse to talk to them until that right is met.
2: Don't vote McPain back into his office.
3: Start filing for bankruptcy
4: Where the hell do they get $20 a carton from??!! Personally, that is something I would want a perspective lawyer to find out.
5: Remember, you are entitled to an attorney and if you cannot afford one, one can be obtained either via legal aid or the court system. Don't give them a dime until you talk to the atty you have a right to and most certain, admit NOTHING. They may have some proof, but if they had more, they would be telling you such and certainly not asking.
6: See my topic on the mail order place....and
7: If you find an atty. who is willing to question the new laws as the discrimination and invasion of privacy they are, i.e., one with proverbial balls, if not physical ones, don't be afraid to ask us to support your efforts. Start looking for people who are willing to sign a petition and/or speak up on this fact. If you can find that lawyer, one willing to make a name for themselves or one who already has one for discrimination cases/privacy invasion, there has, HAS to be one somewhere who is willing to step up for what they believe, regardless of whether or not they are anti-smoking. If enough of us stand together, provide the right research and documentation to show the fallacies and flaws behind the laws as well as the discrimination and blatant invasion and disregard for privacy of them, there is always the possibility of getting them overturned. |
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ChelleBellsbrain
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by ChelleBellsbrain
on Tue Dec 22, 2009 5:31 am |
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BTW...these laws were just put in effect...how the hell can they be so retroactive for as long as 4 years??!! Another question for that lawyer.
Oh...and follow the media advice, but talk to the lawyer FIRST so that you don't say something that could implicate you on camera! The right lawyer and the right media coverage can possibly get you out of this, BUT...make sure you don't screw yourself in the process!
BTW....have they shown you any proof to their claim of having you by the balls? |
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ChelleBellsbrain
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by ChelleBellsbrain
on Tue Dec 22, 2009 5:39 am |
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wait, I don't get it....if you purchase merchandise, not tobacco, out of state, there is no state sales tax, thus the beauty of buying online.
but if you buy tobacco products, out of state, your own state can make you pay tax on purchases made out of state...this does not seem right at all...or legal....we need lawyers on here. |
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ChelleBellsbrain
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by libertarian99
on Tue Dec 22, 2009 1:31 pm |
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ChelleBellsbrain wrote: wait, I don't get it....if you purchase merchandise, not tobacco, out of state, there is no state sales tax, thus the beauty of buying online.
but if you buy tobacco products, out of state, your own state can make you pay tax on purchases made out of state...this does not seem right at all...or legal....we need lawyers on here.
Things have changed a lot since online shopping first gained a foothold in the economy. At first, none of the vendors were charging sales tax and everyone was getting by without paying it. Then slowly but surely the states found ways to get vendors to collect their sales tax and remit it just like brick-and-mortar stores.
The only reason anyone gets by with not paying sales tax on an Internet purchase these days is because their state hasn't found a way to collect it. |
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libertarian99
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by ChelleBellsbrain
on Tue Dec 22, 2009 4:01 pm |
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| i think it would be VERY difficult because first states have to know what exists and where. There are so many internet businesses that just as the fed. govt. has never been able to do much with the online porn laws created in '96, states will never be able to keep up with this. Speaking of which, why don't the feds pick on the porn sites in regards to those laws and leave the average smokers alone??? Surely they can make much more of from porn?? |
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ChelleBellsbrain
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by libertarian99
on Tue Dec 22, 2009 5:19 pm |
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ChelleBellsbrain wrote: i think it would be VERY difficult because first states have to know what exists and where.
Online vendors have to file some kind of income tax return at the end of the year, just like brick-and-mortar stores. So unless they are willing to practice tax evasion, their end-of-the year tax return leaves a paper trail the government can follow. So do credit card receipts. |
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libertarian99
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by runamok
on Tue Dec 22, 2009 10:32 pm |
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There's a little thing called the Jenkins Act which has been around much longer than the internet. It concerns excise tax and sales tax. It applies to:
Any person or company who sells or transfers for profit cigarettes in interstate commerce, whereby such cigarettes are shipped into a State that taxes the sale or use of cigarettes, to other than a distributor licensed by or located in such State, or who advertises or offers cigarettes for such a sale or transfer and shipment, shall -
(1) first file with the tobacco tax administrator of the State into which such shipment is made or in which such advertisement or offer is disseminated a statement setting forth his name and trade name (if any), and the address of his principal place of business and of any other place of business; and
(2) not later than the 10th day of each calendar month, file with the tobacco tax administrator of the State into which such shipment is made, a memorandum or a copy of the invoice covering each and every shipment of cigarettes made during the previous calendar month into such State; the memorandum or invoice in each case to include the name and address of the person to whom the shipment was made, the brand, and the quantity thereof.
This is the hammer that government puts to the internet sellers, forcing them to turn over their sales records. Once an internet vendor gets hit with it, they nearly always go out of business. No advantage anymore. |
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runamok
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by CACTUS
on Tue Dec 29, 2009 7:19 am |
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I have been receiving the same letter from the franchise tax board about every 6 months for cigs from 2005 purchased online. i have never responded to these people and i think if they had a leg to stand on they would have done something by now like put a hold on my state tax return that i get each year from the same franchise tax board. THEY WANT YOU TO ADMIT TO THE PURCHASE, THAT'S THE ONLY LEGAL WAY THEY HAVE TO COLLECT IMO
a friend of mine was ordering from the same place, got the same letter i did. he panicked and contacted these people. once he admitted the purchase they hounded him, threatened him and harrassed him until he caved in and paid.
do you have a shredder....use it!!!! do not contact these people, not even to ask a simple question. |
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CACTUS
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