Charged tax on non-taxable item - Page 2

Caffeina · ‎03-09-2010

I'm in agreement with you @Carmie. I just looked at the pdf publication, and shoes are in a whole other category from clothing and accessories. If you can't get Q to budge, try filing a complaint with the Attorney General.

https://www.attorneygeneral.gov/submit-a-complaint/

Carmie · ‎10-25-2010

Thanks @Caffeina I will do that

I also have the form already filled out for the PA Dept of Revenue. I would have already sent it in, but the snow is getting pretty bad here and I can't get out today.

If I don't get satisfaction, I will send it in as soon as I get postage stamps.

I called CS a week ago...they certainly have their hands tied. . CS can't make the decision to return the money or fix their system. The decision has to come from someone else at QVC.

ValuSkr · ‎03-15-2014

@Carmie Good for you for fighting this issue. Some would say why bother over $4, but I would say it's the principle. Q has misapplied PA sales tax rules. Their response should have been: our tax department will look into it and we'll get back to you. The PA sales tax rules are ridiculously detailed and no one would blame Q for getting an item wrong. But they ought to give you the benefit of a doubt and take a second look.

Such errors can be intentional. A company can take one position with you - and collect sales tax - but take another position with the state - and not remit the sales tax you paid. I'm not saying Q would do it, but I've suspected shadier companies of such behavior. The only way to stop it is to report them to the Department of Revenue, which will probably result in an audit somewhere down the line.

Carmie · ‎10-25-2010

@ValuSkr I agree. Since QVC's headquarters are located in PA, they should be perfectly aware of the PA tax laws.

I could understand how an error could be made for purchasers in other states though.

I am just in shock with their unwillingness to double check this for me or make an effort. They are pretty stubborn, but so am I.

BalletBabe · ‎03-05-2011

@Carmie wrote:
@ValuSkr I agree. Since QVC's headquarters are located in PA, they should be perfectly aware of the PA tax laws.

I could understand how an error could be made for purchasers in other states though.

I am just in shock with their unwillingness to double check this for me or make an effort. They are pretty stubborn, but so am I.

@Carmie QVC does not make the laws regarding tax. That is something that is Pa. law. So you can complain to whoever, but again this Pa. law not QVC and Pa. collects that tax not QVC. Hope this helps.

Carmie · ‎10-25-2010

@BalletBabe wrote:
@Carmie wrote:
@ValuSkr I agree. Since QVC's headquarters are located in PA, they should be perfectly aware of the PA tax laws.

I could understand how an error could be made for purchasers in other states though.

I am just in shock with their unwillingness to double check this for me or make an effort. They are pretty stubborn, but so am I.
@Carmie QVC does not make the laws regarding tax. That is something that is Pa. law. So you can complain to whoever, but again this Pa. law not QVC and Pa. collects that tax not QVC. Hope this helps.

PA does not tax everyday shoes. That is the law. QVC is incorrectly charging tax on a non taxable item. I have lived in this state all of my life and I am fully aware of what goods are taxable and which ones are not.

QVC is responsible to take the required sales tax which is 6% on taxable items only. We are fortunate that clothing and shoes are not taxed in this state, except for formal wear, luxury clothing and sports wear, including sport shoes...like roller skates or ballet slippers used for dance.

BTW, the state does not collect the tax...QVC does and turns in it to the state.

I own a business and I too have to collect sales tax on some goods and turn it into the state.

sunshine45 · ‎03-09-2010

not sure how you can prove that the faux fur that the entire shoe seems lined with is NOT more than" three times the value of the next most valuable component material."

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"The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing." - Albert Einstein

Warrior2022 · ‎05-31-2018

It will be interesting how this plays out. please keep us updated. I would be very surprised if QVC was wrong.

Carmie · ‎10-25-2010

@sunshine45Today's TSV is lined with the same fuzzy fabric and no tax is being taken for them. QVC also sells other shoes with this same "faux fur" and again, no tax.

Only the ones I ordered have Faux Fur in the QVC title and they are the only ones being taxed. There is no mention of faux fur on the box or in the description from any other on line merchant. Only QVC is charging the tax. I only purchased them from QVC because they were on clearance.

I have purchased these shoes at the Sketchers outlet in Hershey, PA and paid no sales tax. I have ordered from Amazon and paid no tax either.

I have purchased these shoes from QVC in the past and they did not charge me tax before. PA's tax laws did not change.

There is no sales tax on everyday shoes or slippers. Only clothing that is faux fur or trimmed with very expensive faux fur is taxable, as well as luxury formal shoes and shoes used for sports.

I have never, ever paid sales tax on any shoe I have purchased in PA, except the silver ones I wore for my daughter's wedding which were correctly taxed.

As you can see by the info on my initial posting, the faux fur rule applies to clothing only. This is not applicable to shoes.

Anyway, I have made a complaint report to the Attorney Gererals Office as well as the PA fest of Revenue. I guess I'll have to wait for a decision.