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Old 06-03-2007, 08:10 AM
 
1 posts, read 3,866 times
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A few months ago, I contracted with a vendor in Maryland to do a home improvement project for me. The contract was done and after completion of the project, I paid in full in accordance with the contract.

I received a final bill which included the WV 6% Sales Tax. They wrote a letter stating that they are legally bound to collect the sales tax from me.

Normally, I wouldn't have a problem with this except that they never noted the sales tax in the contract. I looked on the WV Tax Page and they indicated that the Sales Tax must be included in the invoice and that it is a crime to misrepresent the sales tax. Not sure if this helps or not. In fact, I solicited bids and the other vendors did note the Sales Tax in their bids.

Any advice on how to handle this. Am I really legally bound to pay this? Seems to me that they screwed up.

Thanks, Spidey
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Old 06-03-2007, 04:01 PM
 
Location: Triangle, North Carolina
2,819 posts, read 9,378,334 times
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Spidey,

Welcome to WV. Might find it hard to believe living beside Maryland, but West Virginia ranks #13 nationwide in overall personal taxation.
6% across the board, there is a measure to reduce food (might have already taken place) to 5%.

WV is notorious for attempting to collect sales tax on out of state purchases, etc., heck, one can see how they nail you on the "priviledge" tax when you move to the state from another and register your car. This is the main reason why you see so many Maryland and Virginia tags running all over Berkeley County after they lived there for over a year already.

You will find WV friendly when it comes to home property tax compared to others, but after you get hit with all the nickle and dime hold up's you may find yourself quickly catching up. Sales Tax, Car Tax, Dog Tax, Tree Tax, Food Tax, high Gas Tax, 6.5% income tax, car inspection fee (tax)..

The bad part with WV being a central government state, it is divided up on Charleston and not locally held. This is why the NE Panhandle has so many infrastructure issues with the out of control DC overflow growth.
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Old 07-13-2007, 06:20 AM
 
4 posts, read 10,292 times
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Question tree tax?

What is a tree tax?
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Old 07-13-2007, 06:45 AM
 
Location: Western Pennsylvania
2,429 posts, read 6,455,013 times
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I am neither a lawyer, nor a tax accountant, so take my opinion as being worth exactly what you paid for it

If you don't pay the contractor, and he sues in small claims court for the tax amount, you "might" have a defense if the bid states that it is a full and complete accounting of the amount you are to pay (or words to that effect). The contractor "should" have known that the sales tax would need to be collected, and tough luck on him if he goofed up.

On the other hand, his argument would be that it was an honest oversight on his part, or maybe it was his first contract in WV, and he wasn't aware of the tax when he prepared the bid.

Since it *is* the law in WV that sales tax be collected on the transaction, the judge could easily rule that you do, indeed, owe the sales tax amount.

Your course of action might be determined by whether you need the contractor to fix any little problems, if he did such a good job you would want to use him again in the future, etc.

As an aside, using a WV contractor would have helped the WV economy, instead of Maryland's.

Snorpus
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Old 07-13-2007, 10:12 AM
 
Location: Elkins, WV
1,981 posts, read 5,351,048 times
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Quote:
Originally Posted by mtngirl_1013 View Post
What is a tree tax?
I think Georgia was being sarcastic, I'm 90% sure West Virginia does not have a tree tax. If we do, I've never heard of it and its never or rarely enforced.
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Old 07-13-2007, 12:00 PM
 
Location: Falling Waters, WV
1,502 posts, read 6,751,653 times
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Quote:
Originally Posted by GottaHerdOn View Post
I think Georgia was being sarcastic, I'm 90% sure West Virginia does not have a tree tax. If we do, I've never heard of it and its never or rarely enforced.
Actually, I don't know how they go about determining it but I know that my parents pay taxes on my grandmothers property since she has passed and there are like 5 walnut trees that does get taxed. they are old trees and like I said I have no idea how they know (knew) that the trees were there since they are scattered within the woods.

I myself have owned property in WV for 6 years that is full of trees but I do not pay any taxes on them, but then again, I don't have any walnut.
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Old 07-13-2007, 12:03 PM
 
Location: Triangle, North Carolina
2,819 posts, read 9,378,334 times
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Quote:
Originally Posted by GottaHerdOn View Post
I think Georgia was being sarcastic, I'm 90% sure West Virginia does not have a tree tax. If we do, I've never heard of it and its never or rarely enforced.
Actually, about 20 years ago the state tried to institute a tax on trees. I forgot what the name was called all together, but it was on of Gastax Caperton came up with.
Basically, for every tree you purchased at a nursery a dollar tax was added to the 6% sales tax.
It was short lived, we just called it the Gastax Tree Tax.
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Old 07-13-2007, 12:04 PM
 
Location: Elkins, WV
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Yeah, for real!.. My grandfather owns like 2,000 acres, and much of it is forest. There is no way there could be a tax on tree's. He wouldn't have anything left if there were. ha ha
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Old 07-13-2007, 03:09 PM
 
Location: Triangle, North Carolina
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It was only on trees purchased at a nursery.
For example in today's world, you go to Lowe's and buy a tree in the garden department.
10.00 for the tree
60 cents WV tax
1.00 tree tax
11.60 total.

This was around the mid to late 80's., and was very short lived
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Old 07-13-2007, 03:13 PM
 
Location: Falling Waters, WV
1,502 posts, read 6,751,653 times
Reputation: 786
Quote:
Originally Posted by Georgia View Post
It was only on trees purchased at a nursery.
For example in today's world, you go to Lowe's and buy a tree in the garden department.
10.00 for the tree
60 cents WV tax
1.00 tree tax
11.60 total.

This was around the mid to late 80's., and was very short lived
Yeah, til they figured out that more trees were getting cut down than planted. I don't know about other states but I know at times, Maryland has given little trees out for people to plant. Especially at the fairs and such. I have actually taken mine and planted it in West Virginia.

Last edited by Janipoo; 07-13-2007 at 03:20 PM.. Reason: add text
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