Did Dell just screw me?

jmcoreymv

Diamond Member
Oct 9, 1999
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I ordered a 1901FP on Feb 15th for $581. The confirmation email I got said that the total was $581 including everything and tax. Tax was $0 because I live in California and the email says they only collect tax in "Dell Home Systems collects tax on orders delivered to Texas, Kentucky, Idaho, Nevada, North Carolina, Tennessee, Ohio, Illinois, Virginia, Pennsylvania and Florida. " I finally got the monitor March 2nd, and I just checked my credit card activity and they billed me 581, and then I got another bill for $42. I called dell up and they told me its for tax which they just start collecting in California. Isnt that illegal since the price we agreed on was a total of $581 and they didnt even tell me they were going to tack on an additional $42 for tax?
 

jmcoreymv

Diamond Member
Oct 9, 1999
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In fact the lady on the phone said it went into effect Feb 9th, and I placed the order Jan 24th. So what the hell.
 

azazyel

Diamond Member
Oct 6, 2000
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Originally posted by: jmcoreymv
In fact the lady on the phone said it went into effect Feb 9th, and I placed the order Jan 24th. So what the hell.

The probably don't bill until the item ships.
 

jmcoreymv

Diamond Member
Oct 9, 1999
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I know they dont bill until it ships, but the price agreed upon before it went into effect was $581, and it doesnt seem like they should be able to jack up the price for that.
 

dullard

Elite Member
May 21, 2001
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By law you must pay the tax. This includes internet orders from ALL companies. So the fact that Dell charges you doesn't matter if you follow the law. If you intentionally break the law, then yes Dell stopped you from doing that. Are you posting here that you intended to break the law and not pay the tax?
 

jmcoreymv

Diamond Member
Oct 9, 1999
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Originally posted by: dullard
By law you must pay the tax. This includes internet orders from ALL companies. So the fact that Dell charges you doesn't matter if you follow the law. If you intentionally break the law, then yes Dell stopped you from doing that. Are you posting here that you intended to break the law and not pay the tax?

Thanks for the very informative post. Im sure you go and pay tax on all your internet orders too.
 

DannyBoy

Diamond Member
Nov 27, 2002
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www.danj.me
Originally posted by: dullard
By law you must pay the tax. This includes internet orders from ALL companies. So the fact that Dell charges you doesn't matter if you follow the law. If you intentionally break the law, then yes Dell stopped you from doing that. Are you posting here that you intended to break the law and not pay the tax?

the law is that the company tells you what they are going to bill you, dell didnt.
 

V00DOO

Diamond Member
Dec 2, 2000
3,817
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Dell Taxing Californian sucks. Makes any potential hot deals cold. Good luck bro!
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
136
Originally posted by: dullard
By law you must pay the tax. This includes internet orders from ALL companies. So the fact that Dell charges you doesn't matter if you follow the law. If you intentionally break the law, then yes Dell stopped you from doing that. Are you posting here that you intended to break the law and not pay the tax?

dullard is 100% correct, you owed the tax either way.

For states in which they do not have a retail presence retailers can voluntarily collect the tax, in states where they do have a retail presence they are required to collect it.

You owed it either way, Dell didn't screw you they saved you the work of reporting/paying it on your own.

Viper GTS
 

dullard

Elite Member
May 21, 2001
25,065
3,412
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Originally posted by: jmcoreymv
Thanks for the very informative post. Im sure you go and pay tax on all your internet orders too.
Yes I do.

 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
136
Originally posted by: jmcoreymv
Originally posted by: dullard
By law you must pay the tax. This includes internet orders from ALL companies. So the fact that Dell charges you doesn't matter if you follow the law. If you intentionally break the law, then yes Dell stopped you from doing that. Are you posting here that you intended to break the law and not pay the tax?

Thanks for the very informative post. Im sure you go and pay tax on all your internet orders too.

Haha, knew that was coming.

You're right, I don't.

Viper GTS
 

dabuddha

Lifer
Apr 10, 2000
19,579
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81
Originally posted by: jmcoreymv
Originally posted by: dullard
By law you must pay the tax. This includes internet orders from ALL companies. So the fact that Dell charges you doesn't matter if you follow the law. If you intentionally break the law, then yes Dell stopped you from doing that. Are you posting here that you intended to break the law and not pay the tax?

Thanks for the very informative post. Im sure you go and pay tax on all your internet orders too.

Actually he probably does since they include taxes in most orders. I'd bring it up with American Express and see what they see.
 

flamingelephant

Golden Member
Jun 22, 2001
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you do owe the tax, but I dont think dell can charge it to your card without asking you first, since it wasnt disclosed in the initial payment contract (if thats what you want to call it). You must sign or approve anything that goes on your card, or Dell or who-ever is liable for the chargeback as per the cardholder agreement. Dell obeyed the taxation law, but didn't obey the cardholder agreement.
 

KK

Lifer
Jan 2, 2001
15,903
4
81
Originally posted by: dullard
Originally posted by: jmcoreymv
Thanks for the very informative post. Im sure you go and pay tax on all your internet orders too.
Yes I do.

[cough] Bullsh1t [/cough]

:)

KK
 

gwlam12

Diamond Member
Apr 4, 2001
6,946
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well when i order stuff on officemax.com, my confirmation email says total does not include any sales tax. maybe urs is the same.
 

jmcoreymv

Diamond Member
Oct 9, 1999
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Heres what it says on the bottom of my confirmation email

Dell Home Systems collects tax on orders delivered to Texas, Kentucky, Idaho, Nevada, North Carolina, Tennessee, Ohio, Illinois, Virginia, Pennsylvania and Florida. For shipments to other states, tax relates to the third party service contract only. The purchaser is responsible for remitting any uncollected tax on their order directly to the local taxing authorities.
 

Reel

Diamond Member
Jul 14, 2001
4,484
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If you are so upset, cancel your order and order from somewhere else who isn't charging you tax.
 

brxndxn

Diamond Member
Apr 3, 2001
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Dell cannot charge you tax on an item you ordered on Jan 24th when the law goes into effect on Feb 9. If you ordered it on the 24th of January and it shipped after Feb 9th, you got screwed just because of that.

Call the CC company and dispute the $42 charge. They can't charge you tax after the law goes into effect. You are responsible for taxes on the date of the purchase - not on the shipment date. Yes, they bill you on the shipment date - but merely billing you does not make it the date of purchase.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
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why would anyone have to remit sales tax to their state if Dell doesn't have a physical presence in the state? I thought constitutionally, states couldn't charge tariffs on interstate commerce.
 

Mermaidman

Diamond Member
Sep 4, 2003
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Originally posted by: DrPizza
why would anyone have to remit sales tax to their state if Dell doesn't have a physical presence in the state? I thought constitutionally, states couldn't charge tariffs on interstate commerce.
Wrong. If there is a physical presence, the retailer must collect the tax. If not, either the retailer collects the tax, or the buyer pay directly to the state. It's not about interstate commerce, more like a "Use" tax (I think that's the term for it). If the buyer doesn't pay the tax, he is technically in violation of the law. Some states are considering getting customer information from large e-tailers like Amazon to enforce the tax.

 

dullard

Elite Member
May 21, 2001
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Originally posted by: Mermaidman
Originally posted by: DrPizza
why would anyone have to remit sales tax to their state if Dell doesn't have a physical presence in the state? I thought constitutionally, states couldn't charge tariffs on interstate commerce.
Wrong. If there is a physical presence, the retailer must collect the tax. If not, either the retailer collects the tax, or the buyer pay directly to the state. It's not about interstate commerce, more like a "Use" tax (I think that's the term for it). If the buyer doesn't pay the tax, he is technically in violation of the law. Some states are considering getting customer information from large e-tailers like Amazon to enforce the tax.
Correct. The fact that Dell (or any other company) was not forced to collect your tax for you does not mean you do not owe the tax. This whole debate started with mail order catalogs. States were not allowed to force a company out of state to collect the catalog tax. Thus the states passed 'use tax' laws requiring the consumer to keep track of all out of state purchases.