Waht else can I do? Is state sales tax bankruptable?
- What do I do next?Is sales tax liability bankruptable?I once owned my own biz as sole proprietor/DBA trade name. Recently I was assessed by NYS SalesTax, After audit found to exist held liable both individually and collectively under my personal family name, and again under the assumed DBA name. Each sales tax assessment demonstrating itself collectively and individually as me owing $500,000, is solely based upon same bank account numbers, deposits & receipts being used by state were never obtained with my consent or permission being given the state, but coerced out from bank thru computer generated supeona never signed, being it bears no facsimile signature of judge. Dollar assessment values shown depicting me as owing state twice, Once individually as person $500,000, and again under assumed DBA no longer exists-I owe another $500,000. Does thsi now mean I owe them $1,000,000?Sales tax preposterously claims I owe them sales taxes with accrued penalty, interest, late filing fees imposed for not filing on time all due to non payment.My assertion and belief is, at time I never was subject to being the subject named person or business named entity now being identified on assessment of liability as individual person named or sole business entity conducting business as one to be held responsible or liable to first collect, impose or assess state imposed sales taxes on any named individual transaction conducted by me or my business at time for state's benifit and behalf. I am not now presently, nor have I ever been or remained under the states employment, be it either in official capacity directly or indirectly, nor acting as state's prime subcontractor colection agent, or as direct state employee colection agent. I am not now, nor have I ever been remunerated by the state to first act or behave on their own behalf or capacity, nor am I presently claiming myself now or for the period of audit in question as a bona fide state resident. My valid state residency for time of audit period was held elsewhere, far away. No one ever first told or informed me that I was first required to charge or collect state sales tax at time, nor that my service and goods at time were subject to sales taxation at time of transaction being completed, despite fact my still holding state issued tax exemption forms properly executed signed by each and every purchaser voluntarily given me.In addition, I never held nor applied to state's for a certificate of authority granting me reason enough or license that authorizes me then or now to collect state sales tax on their own behalf either! I hold no desire then or now to first act, work for or behave on state's behalf in this fashion or manner, as I hold no desire then or now to act or serve state in this or any capacity by either being seen in their employ or acting in a manner consistent with me serving them as their long arm collection agent(cy). I am not now or then being renumerated by state in order that I am required do so, nor am I proclaiming myself to be or existing individual or business entity as holding myself out to public scrutiny either individually as person or sole business entity now claiming itself to be one that is sales tax exempt! I pay sales tax directly fro all purchases made at time to those vendors in each and every state with whom I chose to do business, and have all those receipts I am claiming to prove it!In addition all goods and services provided by me as individual entity or under my assumed DBA to each named individual purchasers name listed as being found to exist on each Certificate of Capital improvement provide me at time by taht named purchaser was to best of my knowledge and belief properly executed at time, makes them never subject to collection or assessment of any sales tax by me, nor does it force or complell me to acting on state's behalf. I now hold in place all properly executed affidavit's of capitol improvement forms required, are secured by me and signed by each named individual purchaser at time of purchases being made = sales tax exemption forms, coincides with all bank deposits similarly timely already made into same existing bank account once held by me, is for same audit period in question that is nowme by each individual purchaser named, now held by me, reduces and illuminates my sales tax liability to state sales tax to nil. State instead disregards all those properly executed documents, is holding me liable to them for $500,000 million sales tax or more!What else can I do?Help !!!!!
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- At 11:10 PM 2007 0805, you wrote:
>What do I do next?I'm having trouble understanding your circumstance, but it sounds to me as
>Is sales tax liability bankruptable?
if the state has decided that it wishes to make you pay a sales tax that
they think you should have collected, irrespective of whether you actually did.
The law reads something to the effect that a business is responsible for
the sales tax on a taxable item, and the state will invite you to infer
that you have a right to collect it from a customer, but that the
obligation to pay is really yours. That really isn't true, nor can be --
even the logic doesn't hold up.
I think you will find that the law only addresses sales tax you have
collected to the extent that you are prevented by law from failing to
convey it to the Tax and Finance People. In fact, the law may specifically
prevent you from collecting it in the first place unless you have a state
resale number. If you applied for and received a resale number, then you
have, indeed, agreed to act as the state's agent for the purpose of
collecting the tax. Still, you have to have collected it before you have
the responsibility for conveying it to the state.
If you did have a resale number, the first thing you should do, I would
say, is make certain you are familiar with and understand all the terms of
your agreement. Generally speaking, however, this just sounds like
extortion to me, and some of us are already aware that New York has an
affection for criminal tactics.
>I once owned my own biz as sole proprietor/DBA trade name. Recently I was
>assessed by NYS SalesTax, After audit found to exist held liable both
>individually and collectively under my personal family name, and again
>under the assumed DBA name. Each sales tax assessment demonstrating
>itself collectively and individually as me owing $500,000, is solely based