READ: The Truth About The B & H Tax Case

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To all people who are interested in the simple truth here the indisputable facts regarding the B&H sales tax issue.

Background:

Its very common for some manufacturers to drop their Map Price of an item with for example $500 and force the retailers to charge the customer with $500less for the item, take for example the Nikon D850 (Searched as Nikon 1585) Camera it currently has an Instant rebate of $500 from $3296.95 to $2796.95.

So normally B&H would collect Sales Tax on $3296.95but now since the Manufacturer sets the sell price as  $2796.95 B&H  would collect Sales Tax only on $2796.95

The Government argues that since the manufacturer reimburses B&H with money for the forced discount it is as if the Sell Price was $3296.95 and not $2796.95.

Now lets look at the INDISPUTABLE FACTS.

Amazon does Same:

https://www.amazon.com/Nikon-D850-FX-format-Digital-Camera/dp/B07524LHMT/?psc=1

Best Buy does same

https://www.bestbuy.com/site/nikon-d850-dslr-camera-body-only-black/6084300.p?skuId=6084300 

Samys Camera does same

https://www.samys.com/p/Digital-SLRs/1585/Nikon-D850-Digital-SLR-Camera-Body-with-MB-D18-Multi-Power-Battery-Pack/214538.html

The fact is that B&H, Amazon, Best Buy & Samy’s  are all right, the sell price was $2796.95 and NOT $3296.95, why should B&H charge Sales Tax on $3296.95 when the customer paid only $2796.95 ?

Does the AG think that people need to pay Sales Tax on money they have NOT paid for the retailer?

The 2’nd question is why was B&H Targeted when no one else was targeted?

It smells no good…

We the people of NY should contact the AG’s office and let her know what we feel and she should drop the lawsuit immediately.

Again the 2 major questions are:

1.  Why should people pay Sales Tax on $3296.95when the Sell Price was only $2796.95?

2.  Why was B&H Targeted and No one else?

We need answers.


17 COMMENTS

  1. Because we have a corrupt ONE PARTY SYSTEM in this broken police state country!
    Today it’s B&H. Tommorow it’s going to be YOU!

  2. Thank you for attempting to clarify.

    I just want to mention a few important facts that you missed.

    First of all, sales tax is ulimately the responsibility of the seller not the buyer. The seller is responsible to collect the sales tax from the buyer and submit it to the State. Id they fail to collect the tax, they need to pay it themselves. So no one is saying that the customer should pay the tax on the extra $500.

    The question at hand is whether the seller is responsible for the sales tax on the extra rebate from the manufacturer or not. Should b&h charge sales tax to the manufacturer, not the buyer, or not ?So just because you see the same deal on Amazon or bestbuy is zero indication of whether or not Amazon or bestbuy is paying the additional sales tax, because the sales tax charge would be placed on the manufacturer by the seller and not on the buyer. I dont know if they are or aren’t but neither do you so the example is irrelevant.

    Second of all, manufacturer rebates are not exactly a new phenomenon of which there is zero law or guidance under state law. Either the seller is obligated to pay the tax or they are not under the laws of the State in which they are doing business. I dont claim to know the law in NY but you can look it up for yourself. I am guessing that the AG knows the tax code and isn’t making up a bogus law. If she is, then the court will just throw out the suit.

    So to summarize and answer your two questions:

    1) No one is saying that the buyer should pay sales tax on more than they paid, rather the seller should pay sales tax on the $500 they received from the manufacturer.

    2) I hope B & H wasn’t targeted, but we dont know that ther was “anyone else” who may or may not have been doing the same thing.

    I hope this helps clear up your questions and IY”h this will all be a misunderstanding and B&H will be fine.

  3. The AG claims that B&H failed to PAY sales tax not failed to COLLECT sales tax!! Big difference! She is trying to make B&H into a greedy corporation the refuses to pay its fair share in taxes. She wouldn’t admit she is really after the regular residents and visitors of NYS. She really wants the consumers to be paying more taxes not the business which just collects the tax and forwards it to the state!

    • Terrible idea. I’m very concerned now about backlash against the African-American community by those WHITE middle class Orthodox “B&H types”. You should be charged with a hate crime just for making that outrageous suggestion.

  4. 1) don’t make a fool of yourself there is nothing to protest, if there is, it’s not what you think.
    2) i’m sure the law about collecting taxes is on the books, the real issue is why should they make the consumer pay taxes for a rebate when in reality the item is $500.00 less?, or let the manufacturer give the seller $500.00 plus taxes.
    3) B&H was “picked” because of a whistle-blower” and it’s a large corporation with big sales, hence big fines, the state isn’t going to go after someone with $100k in sales.
    4) i could assure you if the state wins, they will go after amazon, best buy etc… it’s all about the moneyyyyyyy

  5. A two second Google search came up with this answer from NYS website
    .
    Manufacturers’ rebates

    Manufacturers’ rebates (e.g., a rebate on the purchase of a car or an appliance) are not deductible from the amount of the taxable receipt. This is so whether the rebate is assigned to or paid to the seller at the time of sale, or later paid directly to the purchaser by the manufacturer. Even though the purchaser’s out-of-pocket expense is reduced by the amount of the rebate, the price paid to the seller is not. In effect, the manufacturer is subsidizing the consumer’s purchase, and the full sales price is subject to sales tax.
    Seems like the AG is correct. In could be common practice isn’t following the rules but without any evidence….

  6. is a racist issue, they are jews ,
    so this is single out the jew business over the leftist amazon and others
    same attormey general targeting Trump

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