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?
Did Dell just screw me?
- Thread starter jmcoreymv
- Start date
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.
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
- 25,113
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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?
Thanks for the very informative post. Im sure you go and pay tax on all your internet orders too.
DannyBoy
Diamond Member
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
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.
well when i order stuff on officemax.com, my confirmation email says total does not include any sales tax. maybe urs is the same.
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.
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.
If you are so upset, cancel your order and order from somewhere else who isn't charging you tax.
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.
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
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
- 7,987
- 93
- 91
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
- 25,113
- 3,487
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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.
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