I was overcharged sales tax, should I dispute with CC company?

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JCarter
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Postby JCarter » Thu Apr 26, 2012 1:29 am

2percentPlus wrote:This has nothing to do with your credit card, you agreed to the charges when you paid.

Contact the department of revenue tax violation division. That is, if there was a violation. As others mentioned, food sold for consumption on premises usually has a higher discretionary sales tax rate than for tangible goods and services.


Legally he agreed to the charges excluding tax. Res ips loc, the vendor has the duty to not behave reckless and is doing so.


2percentPlus
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Postby 2percentPlus » Thu Apr 26, 2012 5:42 pm

JCarter wrote:Legally he agreed to the charges excluding tax. Res ips loc, the vendor has the duty to not behave reckless and is doing so.


Legally, he signed the credit card slip that had the total charges listed, therefore he agreed to the charges and they were not unauthorized.

Again, if you don't know exactly what the sales taxes are for a specific transaction at the city or county level that you are conducting business in, then you would be wise to research the issue or contact the proper taxation authority for the area before making accusations or claiming a fraudulent unauthorized use of a credit card.

Example:
Washington, D.C., has a sales tax rate of 6.00%. The tax is imposed on sale of tangible personal property and selected services. A 10% tax is imposed on liquor sold for off premises consumption, 10% on restaurant meals (including carry-out) and rental cars, 12% on parking, and 14% on hotel accommodations.

Maine has a 5% general, service provider and use tax. The tax on lodging and prepared food is 7% and short term auto rental is 10%.

Mississippi has a 7% state sales tax. Cities and towns may implement an additional tourism tax on restaurant and hotel sales. The city of Tupelo has a 0.25% tax in addition to other taxes. Restaurant and fast food tax is 9%.

New Hampshire has no state sales tax, but 9% tax on prepared meals

I could go on and on.

JCarter
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Postby JCarter » Fri Apr 27, 2012 1:32 am

2percentPlus wrote:Legally, he signed the credit card slip that had the total charges listed, therefore he agreed to the charges and they were not unauthorized.

Again, if you don't know exactly what the sales taxes are for a specific transaction at the city or county level that you are conducting business in, then you would be wise to research the issue or contact the proper taxation authority for the area before making accusations or claiming a fraudulent unauthorized use of a credit card.


You have a point, however the signing of a receipt does not exempt him from fraud by a vendor. If the vendor WAS charging incorrect tax then that is fraud. Such as New Hampshire may charge 9% for meals, but if the vendor charges 11.25% then that is fraud no matter how it is signed for. It's called Obtaining Money by false pretenses by most states/statutes.

Now your point is well taken, in that many locales do have a seperate set of taxes for food and, or liquor.



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