Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: kevkrom
No one is denying that the bill says that. However, what you seem to be denying is that you have the context of that section incorrect -- it is only in reference to those already required to file reports, not to everyday retail purchases. In other words, depite your claim, John Doe does not have to produce receipts for his purchases.

No, the requirement to produce records in context says, "`In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall have the burden of production of documents and records but the sales tax administering authority or the Secretary shall have the burden of persuasion." This doesn't say only those who are required to file reports, this say "In all disputes concerning taxes imposed". Geez.

380 posted on 02/15/2005 10:02:25 AM PST by Always Right
[ Post Reply | Private Reply | To 375 | View Replies ]


To: Always Right
This doesn't say only those who are required to file reports, this say "In all disputes concerning taxes imposed". Geez.

You can make it say whatever you want when you take it out of context. Everything in Chapter 5 relates to those who are required to collect and remit taxes. The requirement for record-keeping is laid out in section 509, and it says nothing about receipt-keeping by individuals.

382 posted on 02/15/2005 10:18:41 AM PST by kevkrom (If people are free to do as they wish, they are almost certain not to do as Utopian planners wish)
[ Post Reply | Private Reply | To 380 | View Replies ]

To: Always Right
`SEC. 103. RULES RELATING TO COLLECTION AND REMITTANCE OF TAX.

`(a) Liability for Collection and Remittance of the Tax- Except as provided otherwise by this section, any tax imposed by this subtitle shall be collected and remitted by the seller of taxable property or services (including financial intermediation services).

`(b) Tax to Be Remitted by Purchaser in Certain Circumstances-

`(1) IN GENERAL- In the case of taxable property or services purchased outside of the United States and imported into the United States for use or consumption in the United States, the purchaser shall remit the tax imposed by section 101.

`(2) CERTAIN WAGES OR SALARY- In the case of wages or salary paid by a taxable employer which are taxable services, the employer shall remit the tax imposed by section 101.

`(c) Conversion of Business or Export Property or Services- Property or services purchased for a business purpose in a trade or business or for export (sold untaxed pursuant to section 102(a)) that is subsequently converted to personal use shall be deemed purchased at the time of conversion and shall be subject to the tax imposed by section 101 at the fair market value of the converted property as of the date of conversion. The tax shall be due as if the property had been sold at the fair market value during the month of conversion. The person using or consuming the converted property is liable for and shall remit the tax.

`(d) Seller Relieved of Liability in Certain Cases- In the case of any taxable property or service which is sold untaxed pursuant to section 102(a), the seller shall be relieved of the duty to collect and remit the tax imposed under section 101 on such purchase if the seller--

`(1) received in good faith, and retains on file for the period set forth in section 509, a copy of a registration certificate from the purchaser, and

`(2) did not, at the time of sale, have reasonable cause to believe that the buyer was not registered pursuant to section 502.

`(e) Purchaser Liable to Collect and Remit in Certain Cases- In the case of any taxable property or service which is sold untaxed pursuant to section 102, if the seller is relieved by reason of subsection (d) of the duty to collect and remit the tax imposed by section 101, then the duty to pay any tax due shall rest with the purchaser.

`(f) Barter Transactions- If gross payment for taxable property or services is made in other than money, then the person responsible for collecting and remitting the tax shall remit the tax to the sales tax administering authority in money as if gross payment had been made in money at the tax inclusive fair market value of the taxable property or services purchased.

`(g) Intercompany Sales- Firms that make purchases from affiliated firms that are untaxed pursuant to section 102, or make sales to affiliated firms that are untaxed pursuant to section 102, shall not need to comply with the requirements of subsection (d) (relating to certificates) for said purchases or sales to remain untaxed.

384 posted on 02/15/2005 10:23:49 AM PST by Bigun (IRSsucks@getridof it.com)
[ Post Reply | Private Reply | To 380 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson