Can a business be made to pay back overcharges in sales tax?
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There is business that I frequent that I recently found out has been charging 7% sales tax (and has been for at least 3 years) when the city sales tax is only 6.5%! Can and will they be made to pay back all the extra tax they have collected?
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Answer:
It varies by location, but many sales tax returns have a line for "Excess Tax Collected". If the business is collecting too much, this is where the excess should go and be remitted to the state/city. Collecting excess sales tax and not remitting it to the state/city is a big no no and could get the business in trouble with the revenue department.
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Other answers
In Georgia, our sales taxes go to the Dept of Revenue, I don't know where you are to say if there is a similar agency to call and find out. If you CAN get it back you'll likely have to produce all paid invoices for the past three years as proof of the overcharge. Have you spoken to their corporate accounting office to just (politely) inquire?
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