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Garden Grove California online Form 944 (PR): What You Should Know
At the heart of this dispute is the requirement that dealers must remit the sales tax on a quarterly basis. In other words, they have been getting out ahead of the new California sales tax law. We also reported in May that the tax agency wasn't doing a better job of tracking down customers who were paying the difference between what they claimed to owe and what they actually owed. The latest issue is that the government has failed to collect 14 million it was owed by thousands of California car dealerships, according to a report this week in The Wall Street Journal. The federal tax agency hasn't recovered the money, and the taxpayers who owed it isn't getting their money, even though the amount has nearly doubled since 2011, according to the report. That's the result of the law requiring dealers to remit taxes weekly or every business day on the amount on which they exceeded the tax, which they had been able to do by not collecting the state sales tax. But the law now requires dealers to withhold taxes weekdays by a certain time. “At best they will never get their money,” says Steve Ellis, a lawyer in Sacramento. “At worst, they'll have to be forced into bankruptcy over that.” The tax agency, for its part, thinks it can collect because it has the power to compel dealers to issue receipts for all sales. But the courts have been increasingly skeptical. The California Supreme Court has agreed with a U.S. Supreme Court judge who ruled in September that in general it is wrong for the government to force dealers to make sales receipts and to compel them to keep the receipts. The government also can't collect the money when the transactions are done electronically and the electronic records are unavailable, because then tax collection will stop on those days. The only way to get the money from those days is to go to court and ask for a writ of mandate to get a state order commanding a dealer to hand over the records. If it is not complied with, then the taxpayers are stuck with the problem, says Ellis. “The dealer has the right to collect what's owed. He has the right to go to court and ask for a writ of mandate,” says Ellis.
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