Question about Appealing a Dispute Decision

[spansy02]

I recently sold property on eBay and eBay wrongfully charged the buyer sales tax. The buyer spoke with two people at eBay and they both agreed that sales tax should not have been charged, so he opened a dispute. I received an email from eBay yesterday saying that they found in the buyer's favor and that the sales tax amount and a $20 dispute fee was going to be removed from my bank account. 

Doesn't eBay keep the sales tax that is charged? So shouldn't eBay be paying the buyer back?

Also, I tried to call the 800 number for eBay and I got a message that it's outside of business hours. But it says they are open from 5 am to 930 pm PT and it's 2 pm PT. Is it actually possible to speak with someone or is there another way to open a dispute? 

[ittybitnot]

I was just curious though, why the buyer didn't see that he/she was being charged tax at the time of purchase and slam on the brakes?

@inhawaii 

Perhaps it was one of those occasions where the buyer had to put up a funding source FIRST in order to bid (or offer). The whole thing is paid for immediately at auction end (or offer acceptance) without the benefit of additional  review.  A buyer would have to assume they would not be assessed tax on goods that were not taxable in their state or country. 

[mam98031]

@an-36344 

The box at the very bottom of the page is greyed out.  Once you start typing in it, it will appear as a regular box you use to post your comments.  The thing that makes that box different is that it will not have an "in response to" line just below your Avatar and info.  It allows us to make general comments not meant for anyone in particular.

What I stated before is true.  Ebay does currently have an 800 number.  However Ebay doesn't want us using that number to call in for help as they are phasing it out.  We have several other ways to get in contact with Ebay, which I posted earlier and can post again if anyone needs it.

I'm aware that Ebay does not refund FVF when a seller loses a Chargeback.  But this subject is a bit different than normal.  The OP states that the Chargeback was ONLY for the sales tax and they lost that Chargeback.  Sales tax is the responsibility of Ebay to charge and pay the appropriate state.  The seller has nothing to do with that.  So if it is correct that the Chargeback was only for the Sales Tax, that is something Ebay should have refunded to the buyer and therefore the seller should not be charged the $20 dispute fee and they should get their FVFs back on the sales tax refunded by Ebay.

I appreciate your concern for what "research" I do or don't do.  With that said, everything I'm saying now and I previously said is true whether or not you agree with it.  

I'm not sure what you are trying to prove here, but there is no need to try to school me on something I'm not wrong about.  It appears you are the one with the misunderstanding.

[tobaccocardyahoo]

I believe California is a marketplace tax state.

Although marketplace tax looks a lot like sales tax, whether all of the rules and conditions, or even the rate charged, is dependent on how the marketplace tax law in the state is written. In some states, for example, the marketplace tax rate is consistent and does not vary by locality like the sales tax. Simplification was a goal to reduce the burden on internet marketplaces.

I would not be surprised if neither the bank nor Ebay know the details and whether that cemetery plot exemption caries over.

And I doubt you will find anyone who cares enough to research it.

[ma-647837]

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@spansy02 wrote:

Also, I tried to call the 800 number for eBay and I got a message that it's outside of business hours.

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eBay does not have an 800 number, that's a scammer.

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@mam98031 wrote:

Ebay does have an 800 number but they are shutting it down and encouraging members that have the number to stop using it.  At some point it is not likely to work at all but we have other methods in which to contact them. 

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Unfortunately, regardless repeating it here and now on other threads, still won't make that true. 

The fact is, eBay does not have an 800 number, and the scammer is not shutting it down. 

If eBay appears to have an 800 number, it's actually a scammer.

[soh.maryl]

Your citation refers to Property Taxes.  Wasn't the original question about State Sales Taxes?  

[soh.maryl]

Thank you! Finally someone pointed out the distinction between state sales tax and property tax!

[mam98031]

Thank you for the information, however I'm not wrong, you simply disagree which is fine.

I have often stated that members do NOT do an internet search for a phone number to Ebay CS.  The return will likely be SCAMMERS.  Ebay has several ways in which people can contact them and I've posted that before on this thread, but if anyone wants it again, simply ask.

[janet9988]

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@soh.maryl wrote:

So we do know for sure that the state of California doesn't charge state sales tax on cemetery plots?

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It does not really matter as this is between the seller and ebay.

Ebay should never have charged the $20 fee and taken the sales tax out of the sellers money.

 I wonder what tax expert and information the CC company used to back up the case for a tax refund BUT again that is not on the seller to figure out.

[ma-647837]

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@soh.maryl wrote:

So we do know for sure that the state of California doesn't charge state sales tax on cemetery plots? 

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The credit card doesn't know that $200 of the $2,000 charge (because it's not itemized) is for sales tax

-- just like the credit card doesn't know that $10 of the $80 charge is for the expired yogurt.

The CC leaves it up to the grocery store to discover that it was yogurt and not the $10 delivery fee

-- just like they leave it for eBay to see (they won't) that the $200 is that "sales" tax, not a discount on the cemetery plot.

So not caring that it's sales tax, eBay just passes the $200 payment dispute to @spansy02 the seller, with 2 choices:

1. Refund the $200, we may refund (it's not policy) your FVF if you ask, and we won't charge a $20 dispute fee.

2. Challenge the $200 even though we are wrong, and we will refund from your funds and take that $20.

[mam98031]

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@janet9988 wrote:

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@soh.maryl wrote:

So we do know for sure that the state of California doesn't charge state sales tax on cemetery plots?

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It does not really matter as this is between the seller and ebay.

Ebay should never have charged the $20 fee and taken the sales tax out of the sellers money.

 I wonder what tax expert and information the CC company used to back up the case for a tax refund BUT again that is not on the seller to figure out.

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I agree with you and said it a couple times earlier in this thread.  However I'm a bit concerned that we may not have all the important info from the OP.  I've asked a couple times but they have not responded, to verify for the Chargeback was ONLY for the sales tax.  ❓

[mam98031]

Not that I've every tried this or had any customer do this before, but I wasn't aware that a Credit card company would even do a PARTIAL chargeback.  

[slippinjimmy]

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@mam98031 wrote:

Not that I've every tried this or had any customer do this before, but I wasn't aware that a Credit card company would even do a PARTIAL chargeback.  

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Of course they will, they will dispute any amount the cardholder asks for. I've only ever done 2 chargebacks in my life, one of them was a partial overcharge at a motel. They billed my card for two nights but I was only there one night. I contacted them first for a credit but they wanted to deny and argue (and it cost them). Being an "honest" person I only requested a refund of the extra night.

[soh.maryl]

Guess I'm incredibly dense here, but why does it not matter?

If the State of California charges state sales tax on ANY particular item, then wouldn't that state sales tax be charged when that item is purchased? 

And, as a side note, has it been established whether or not California charges state sales tax as mentioned.  

[janet9988]

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@soh.maryl wrote:

Guess I'm incredibly dense here, but why does it not matter?

If the State of California charges state sales tax on ANY particular item, then wouldn't that state sales tax be charged when that item is purchased? 

And, as a side note, has it been established whether or not California charges state sales tax as mentioned.  

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The seller does not have the sales tax money whether it was rightfully or wrongfully collected from the buyer.

Ebay gave the buyer a refund  from the sellers pocket. Yet ebay keeps that tax money illegally.

[stephenmorgan]

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@mam98031 wrote:

Not that I've every tried this or had any customer do this before, but I wasn't aware that a Credit card company would even do a PARTIAL chargeback.  

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I did one once over a multi item internet purchase.  Only had a problem with one item in the purchase so I was only asking for a partial refund of that one item.  Sometimes ordering stuff off the internet it is very difficult to get customer service after the purchase so you may need to ask you Credit Card for help.

Recently my wife did one over a Motel reservation.  Due to the condition of the Motel upon arrival, the Motel agreed to cancel the reservation and only charge her one day (not the 5 reserved) and gave her a $180 coupon to use on a future stay.  Of course they did charge her the 5 days.  It was my Credit Card so I initiated a Charge Back and it was resolved as a partial refund of the 4 unused days.