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-   -   Tax return on cancelled warranty (https://xoutpost.com/bmw-sav-forums/x5-e70-forum/80067-tax-return-cancelled-warranty.html)

smuggymba 03-18-2011 12:18 PM

Tax return on cancelled warranty
 
I cancelled my tire/wheel warranty and got 100% refund but not the tax. (texas)

Is there a law/rule in which the tax can't be returned once you cancel the warranty? It's only around 150 but still....is the dealer a crook?

motordavid 03-18-2011 04:29 PM

I think yes, you should get the sales tax refund...
but, a cursory glance at arcane rules & regs on state sales tax
did not turn up a definitive answer. Why would they keep it,
is my wonderment. If they are reporting and passing on sales tax
properly, to the state, there is nothing 'in it' for that dealer to
keep the sales tax on your purchase, imo.
GL, mD

Edit: more net noodling suggests that seller must return sales tax, in
the several states I read about; I could not find the Texas rule, however,
but I suspect it is the same.

The seller may try to scam the sales/use tax collection, by recording the item or service
as a 'return' and pocketing the sales tax collected from consumer, as the 'return' is deducted from their quarterly sales tax filing...
I smell dlr pocketing that buck and half from you, imo.

ard 03-18-2011 06:20 PM

they may argue that the cars 'use tax' is not refundable, but the warrant should have a SALES tax on it...not the USE tax the car has. the should account for this separately in their filings...AND in you refund!


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