How to get a refund of Fraudulently collected Tax from Ebay?

[zsrc]

Ebay recently charged me sales tax on an item, that is a non taxable good in my state. The item was listed in the correct category (any item in this category should not be taxable in my state, and as someone who spends in excess of $500,000 per annum in said category, I know this to be true). I contacted customer service, and they said that a refund of the illegally collected tax would be issued within 2 days. I am still waiting. Anyone have any suggestions on how to get this refund rather than wasting more of my time with customer service?

[7606dennis]

You will probably need to request a refund for the overpayment from your state's department of revenue or taxing agency.

[7606dennis]

By the way, not being privy to your state of residence or your current tax status, it is difficult to know precisely why eBay would incorrectly collect sales tax on your purchases.  Do you have a tax exemption certificate on file with eBay?

[zsrc]

Hi Dennis,

I live in Pennsylvania. Ebay intermittently charges tax without rhyme or reason on items listed in the correct categories. I do not have an exemption of file, but it should not be needed.  Ebay has even acknowledged that the tax was collected in error, told me it would be refunded in a matter of days, but it never gets done. I believe it is a software glitch for what that is worth. 

[power123jjm]

I live in California, and E-Bay is taking taxes out for items that I purchased in other states that don't have taxes. 

No response from E-Bay.

No phone service, OUT OF ORDER.

[bonjourami]

Doesnt matter what state the items were purchased from, only matters which state its delivered to,thats who is collecting the state tax.And California does collect state tax, and if Im not mistaken, tax on the shipping fee too.

[7606dennis]

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@power123jjm wrote:

I live in California, and E-Bay is taking taxes out for items that I purchased in other states that don't have taxes. 

No response from E-Bay.

No phone service, OUT OF ORDER.

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As a California resident you are liable for the sales tax levied by your state upon the purchase and the fact that the seller's state does not tax their residents is irrelevant.  Perhaps you should familiarize yourself with your own state's tax laws.

[tijuanaroxy]

I never had any luck getting eBay to stop charging me California sales tax on specific food items that are definitely untaxed in the state, even though I did contact customer service more than once.  My family loves these vanilla flavored snack bars from the same company that makes PowerBars.  I used to spend $50-100 each month buying these items before eBay decided to go stupid with the in-state California sales tax last year.  Now I buy these items on Amazon.  I used to get great deals on eBay buying packages of these items with an expiration date that had already passed.  

Ever since eBay put this tax policy into place, my spending has gone to nearly zero.  I was a loyal eBay consumer for 20+ years.  I completely respect and understand the need for eBay to charge me sales tax on items that are being sold to me from a seller based inside of California.  That is a basic standard.  But I am not interested in paying sales tax on some very insignificant item that I've just bought from a seller located in China.  

[buy_more_anything]

To ensure all of our members have a great experience on eBay, most purchases are covered under eBay Money Back Guarantee.

For Authenticity Guarantee purchases, eBay Money Back Guarantee does not cover returns on the basis that an item is not as described when the item is considered final sale. eBay Authenticity Guarantee items are considered 'final sale' when the seller doesn't offer returns or the return is outside the seller's stated return window, and the item is in new condition

Most eBay sales go smoothly, but if there's a problem with a purchase, the eBay Money Back Guarantee ensures that buyers receive the item they ordered or get their money back.

Buyers can use the eBay Money Back Guarantee when:

• They don't receive an item
• They receive an item that doesn't match the listing

Most sellers work with buyers to quickly resolve issues, but if a solution isn't reached, we can help.

[bonjourami]

" even though I did contact customer service more than once.  My family loves these vanilla flavored snack bars from the same company.   I used to spend $50-100 each month buying these items before eBay decided to go stupid with the in-state California sales tax last year.  Now I buy these items on Amazon.  I used to get great deals on eBay buying packages of these items with an expiration date that had already passed. " 

Say what? Amazon also collects the Marketplace Facilitator tax on those states that require it be collected for them. Like all the other online sites are doing, in accordance with the law.Doesnt matter where the item was purchased, China, or otherwise, its the state that the item is delivered to that is collecting the sales tax per each internet transaction.

[rebell45]

I believe that @tijuanaroxy was saying that California does not charge sales tax on certain food items, but eBay was collecting tax anyway.  And that he now buys from Amazon because they don't.  Many states do not tax food.

[bonjourami]

This is what I was referring to.

"Ever since eBay put this tax policy into place, my spending has gone to nearly zero.  I was a loyal eBay consumer for 20+ years.  I completely respect and understand the need for eBay to charge me sales tax on items that are being sold to me from a seller based inside of California.  That is a basic standard.  But I am not interested in paying sales tax on some very insignificant item that I've just bought from a seller located in China. " 

[bonjourami]

"Ever since eBay put this tax policy into place, my spending has gone to nearly zero.  I was a loyal eBay consumer for 20+ years.  I completely respect and understand the need for eBay to charge me sales tax on items that are being sold to me from a seller based inside of California.  That is a basic standard.  But I am not interested in paying sales tax on some very insignificant item that I've just bought from a seller located in China. " 

[7606dennis]

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@buy_more_anything wrote:

To ensure all of our members have a great experience on eBay, most purchases are covered under eBay Money Back Guarantee.

For Authenticity Guarantee purchases, eBay Money Back Guarantee does not cover returns on the basis that an item is not as described when the item is considered final sale. eBay Authenticity Guarantee items are considered 'final sale' when the seller doesn't offer returns or the return is outside the seller's stated return window, and the item is in new condition

Most eBay sales go smoothly, but if there's a problem with a purchase, the eBay Money Back Guarantee ensures that buyers receive the item they ordered or get their money back.

Buyers can use the eBay Money Back Guarantee when:

• They don't receive an item
• They receive an item that doesn't match the listing

Most sellers work with buyers to quickly resolve issues, but if a solution isn't reached, we can help.

---

I'm afraid that I don't understand your post as it relates to the topic of this thread which is dealing with eBay improperly collecting California sales tax on purchases made from sellers in non-sales tax states.  How would eBay's MBG have anything to do with the matter.  California has, if I'm not mistaken, enacted marketplace facilitator statutes so eBay would be required to collect those taxes and if the OP wishes to protest being charged such taxes, they need to level their complaint at their state legislators that passed the law. 

[7606dennis]

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@bonjourami wrote:

This is what I was referring to.

"Ever since eBay put this tax policy into place, my spending has gone to nearly zero.  I was a loyal eBay consumer for 20+ years.  I completely respect and understand the need for eBay to charge me sales tax on items that are being sold to me from a seller based inside of California.  That is a basic standard.  But I am not interested in paying sales tax on some very insignificant item that I've just bought from a seller located in China. " 

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Alas!  There are quite a few people that don't seem to understand that it is there own state that is charging them sales tax on all purchases that they have delivered within their state, with certain exceptions determined by the state.  It is not the seller located wherever that receives the revenue from these taxes.  It is the buyer's own state.

Since eBay has no legal option but to collect these taxes for the state if that state has passed a marketplace facilitator law as California has.  If, however, eBay has incorrectly applied such law and collected sales tax on exempt items, it would probably be wiser for the buyer to contact their department of revenue and request a refund and that the department show eBay the error of their ways.  Frankly, accusing eBay of fraud is not likely to result in anything useful.  Especially since the one making the accusation doesn't appear to be aware of their state's tax laws.

[7606dennis]

"Ever since eBay put this tax policy into place, my spending has gone to nearly zero.  I was a loyal eBay consumer for 20+ years.  I completely respect and understand the need for eBay to charge me sales tax on items that are being sold to me from a seller based inside of California.  That is a basic standard.  But I am not interested in paying sales tax on some very insignificant item that I've just bought from a seller located in China. " 

[7606dennis]

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@rebell45 wrote:

I believe that @tijuanaroxy was saying that California does not charge sales tax on certain food items, but eBay was collecting tax anyway.  And that he now buys from Amazon because they don't.  Many states do not tax food.

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Frankly, I'm not sure that Amazon is considered a competent legal authority regarding sales tax matters.

If anyone believes that eBay or any other site is incorrectly applying the sales tax laws of their state, perhaps it would be more useful to contact their state's taxing agency for clarification and let that agency set the site straight on the application of the law.

At least, that would seem logical to me.  After all, why would eBay's people be inclined to believe the person without legal authority over such matters?