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To: Always Right
But anyone who is liable is responsible for remitting tax.

No - consumers are liable for the tax. Those who collect tax are the ones who remit to the state.

401 posted on 02/15/2005 11:08:11 AM PST by Principled
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To: Principled
No - consumers are liable for the tax. Those who collect tax are the ones who remit to the state.

Only if you bought it from a legitimate retailer who gave you a reciept. If the new and improved tax collection agency thinks you bought it black market, they have every right within the framework of this bill to ask you for the receipt, and you better have it as it is your burden. Really, keep your receipts.

404 posted on 02/15/2005 11:13:00 AM PST by Always Right
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To: Principled; Bigun; ancient_geezer; kevkrom; Iwo Jima
Always Right:  "But anyone who is liable is responsible for remitting tax."

Principled:  "No - consumers are liable for the tax. Those who collect tax are the ones who remit to the state."

OK, here is the definitive answer.  Lets look through the entire bill to understand:

Point #1.  First the Fair Tax Act of 2005 Bill Clearly says the PURCHASER is LIABLE for the tax unless he has a Receipt, let's read:

`SEC. 101. IMPOSITION OF SALES TAX .

(d) Liability for Tax -

Do you disagree????  I should hope not.

Point #2.  Then we have Section 103 which relates only to Retailers.

`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).

Section 103 is clearly talking about taxes where a receipt was given by a Retailer.  In this case, the Retailer is solely liable for the tax consistent with what Section 101 says.

Point #3.  Next we have Section 501 which covers BOTH cases, section 103 Purchases and Purchases where the Purchaser is liable and BOTH are required to REMIT the tax!

`SEC. 501. MONTHLY REPORTS AND PAYMENTS.

Paragrah A covers Section 103 taxes with a Purchaser Receipt.  Paragraph B cover other Purchases where there is no receipt.  This is where it makes the INDIVIDUAL PURCHASER, not the RETAILER, liable to pay and SUBMIT the sales tax.  Now are you going to agree with me that your bill clearly makes the Purchaser liable to remit the tax?  Now that we have established the FACT the a Purchaser is LIABLE unless he has a receipt and must REMIT the tax to the state, that means INDIVIDUALS are subject to all the same audits, requirements to produce records, liens, and penalities.  This is no different then the current IRS. So, KEEP your personal reciepts, you may need them! In the context of the ENTIRE bill, my understanding is correct.

 

433 posted on 02/15/2005 1:55:54 PM PST by Always Right
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