Obviously this issue isn't as easy as just black & white.....
Posted on 05/12/2008 12:21:04 PM PDT by GodGunsGuts
STATE BOARD OF EQUALIZATION 450 N STREET, SACRAMENTO, CALIFORNIA PO BOX 942879, SACRAMENTO, CALIFORNIA 94279-0086 916-327-8988 • FAX 916-324-2586 www.boe.ca.gov
Mr. William H. Weissman Littler Mendelson, PC 650 California Street 20th Floor San Francisco, CA 94108
Dear Mr. Weissman:
Your December 3, 2007 article “Why Is Buying Hot Chocolate So Confusing?” was referred to me for response since the Board of Equalization (Board) administers the Sales and Use Tax Law. In your article, you expressed concern regarding the proper application of the sales tax by various retailers with respect to sales of hot chocolate.
According to your article, you purchased a hot chocolate from a Starbucks located inside a Target Store in your hometown of Walnut Creek and were charged sales tax on the purchase price. However, you are not charged sales tax when you purchase a hot chocolate at a Starbucks located within a Safeway in Walnut Creek nor the Starbucks in the lobby of the Bank of America building in downtown San Francisco. You expressed concern that the application of sales tax is unexplainably inconsistent...
(Click link for their insanely convoluted response...no wonder so many people and businesses are fleeing the state!--GGG)
(Excerpt) Read more at test.boe.ca.gov ...
If people are going to start taxing hot chocolate into oblivion, there’s going to be some problems.
It’s spelled “ridiculous”.
Unfortunately, they very people who elected the liberals who are making California unlivable are now moving out of state electing liberals who want to do the same thing to other states.
Somebody PLEASE tell me this is satire.
Reading that reply (and I tried so hard to understand what I was reading, and failed) has left me with a headache of vast proportion.
My head hurts.
Eye new their wuz sumtheeing augh in my tidal :o)
I have a word for this, “govtarded”.
Do you realize that about 100 years ago, people were migrating to California to flee the onerous bureauocracy of the East?
Wow.
Obviously this issue isn't as easy as just black & white.....
Another nut named Gore.
RED-iculous sums it up quite nicely.......
California is trying to be like the planet Algon, fifth world in the system of Aldebaran, the Red Giant in the constellation of Sagittarius, where an ordinary cup of drinking chocolate costs four million pounds.
You can thank Migden for this fiasco.....she was in charge for the CA State Board of Equilization.....and by all accounts her tax auditors made the gestapo look like girl scouts.
Ironic that the letter was written by a Gore. Any relation, I wonder?
OBTW, though convuluted, the explanation made perfect sense to me.
Perhaps I’ve been dealing with taxing authorities a little too much for my own good...
My guess: Target's sales are less than 80% food so tax must be charged. Starbucks stores and stands in the bank building sell more than 80% to food end use. No tax.
As I read through the explanation, I instantly thought of the Red Bull ad with the professor. The last line of the letter should have been, “Simple little man, Red Bull gives you wings.”
http://www.youtube.com/watch?v=rSaaV5LeQEY
That would have been a much shorter letter, though.
How can ‘ignorance of the law’ NOT be an excuse anymore?
I submit that it can be easily demonstrated that is is virtually impossible to know all the laws that actually apply to you and/or your business.
Sad but true.
This is satire.
Not!
I bet the Board of Equalization could make a mint if they sold advertising space to such companies as Tylenol, Excedrin, Advil, etc.
Does one have to be insane to work for the State Board of Equalization or does working for the State Board of Equalization cause insanity?
Yeah, that’s what I meant...good save :o)
While it took you one sentence, the bureaucrat used five pages -- and never quite explained why the different taxes applied.
I am in the paper industry. It's always a pleasure to see a long letter!
Yeah, and if any are thinking of moving to Texas, tell them that it is extremely hot here, people are like insane cowboys constantly shooting each other. There are rattlesnakes every two feet, and five or six scorpions in your bed/night, if you are lucky.
Here in Texas bullets fly as often as rain in Seattle. In fact, Seattle is a wonderful place I have been told.
Is that a marshmallow second from left?
Yeah, they got a couple of marshmallows......
I read most of the pdf. Now my head hurts. Wait ‘til the state of Kaleeforneea decides to apply the use tax to veggies grown in the garden out in the far corner of your back yard.
I doubt there will be a return to sanity short of a total world-wide collapse worse than the depression of the thirties.
“Rediculous” is the Internet spelling of the word.
Some of them went there for the gold rush. One of my all time favorite Texans was John C. Hays, who eventually became Oakland's first mayor and was one of the founders of Oakland. His private land eventually became UC-Berkely.
"Jack" Hays is kind of like "Charles the hammer Martel" of France who successfully stopped the muslim invasion of Europe. Jack Hays crushed the Commanche barbarians in overwhelming and decisive ways and permanently ended attacks from Indians upon the settlers. His bravery is only matched in a few individuals in the history of man, IMO.
While reading a placard near Enchanted Rock Texas this weekend in honor of Texas Ranger, John C. Hays, I couldn't help but think of the total moral tragedy that has become much of California, but mostly from the very land where such a great American once founded.
The longer a revenue law (probably other laws as well) exists the more 'moss' grows on it until you can hardly see the original simple law that started the whole thing in the first place.
So sorry but in this case there is nothing that Mad Magazine nor the Onion can do to 'enhance' this tar baby!
“Whenever the board ascertains that a person has collected excess tax reimbursement, the person will be afforded an opportunity to refund the excess collections to the customers from whom they were collected.”
So a walk-up Starbucks counter operation is supposed to keep track of all the names of all the customers just in case they charge too much sales tax and have to make refunds?
“In the event of failure or refusal of the person to make such refunds, the board will make a determination against the person for the amount of the excess tax reimbursement collected and not previously paid to the state, plus applicable interest and penalty.”
Note the phrase I highlighted. It seems that as long as the excess sales tax has already been remitted to the state, the state is OK on that.
“Based on the information presented in the article, it is not clear why sales tax was collected by Starbucks on the sale of the hot chocolate.”
Well, based on the information YOU have presented, it is obvious that Starbuck’s at Target is charging sales tax “just in case”. It sure isn't because the rules are easily interpreted.
Oh, also note that this one complaint generated 19 CCs, so just imagine how much paper is still flying around CA today.
LOL
Yes.
Yes.
And if you do not comply with the regulations, you are a sinfully despicable lawbreaker.
Shame on you.
You are stealing from “the people” of the State of California!
“Board of Equalization” ???
Now, that’s a commie institution, if ever there was one.
When (if) we finally secure the border, we might want to consider sectioning off Kalifornia...
LOL!......a little NOLA jazz flavor no doubt!......
One of these days I’m gonna go over to NOLA and look for that guy. I bet he doesn’t even know about his “fame”!.................
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.