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Dept. of Taxation... you paid too little for your car

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Old May 5, 2009 | 10:03 AM
  #16  
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Originally Posted by gs4004gs
I just got off the phone with them... this is RIDICULOUS.

I asked her if she knew anything about cars owned and driven in Queens NY for 9 years. "No sorry sir we're in upstate NY so we don't know about that" Well then how in the hell would you know how hard it is on them structurally or that you have to park on the street every night with people constantly playing bumper pool?

I asked if she wanted to see some pictures of the shape the car was in when I got it. "No sir those won't help us determine the cars value."

They want me to request a copy of the bill of sale from NYS-DMV but she warned me it wouldn't be easy to get. WAIT... you work for NYS why don't YOU request it?

They also want any receipts I can drum up to prove I have had to do work to the car. I do a lot of it myself... should I make out invoices to me?

I stayed calm on the phone but this is just WAY out of control.
I would still follow up with everything and go through all the BS steps they are too lazy/incompetent to do(gotta love state workers) and I would also find out who was in charge of/proposed that bill/law and who enforces it and write them a nice later explaining your outrage and possibly get others to write them too and say you will not be voting for them/their party in the future because of this. At least bring it too their attention people are angry about this.

I love how they are fining you an additional $207.05 on top of the other BS fee they want you to pay for something you were not even aware of and this is the first time you are hearing of this like it is your fault you did not know you are being taken advantage of and ripped off and have to pay a penalty on top of that. Don't let them "Do you are favor" by taking off the fines if you immediately pay just the increased tax. I would immediately call a lawyer and go from there and take it as far as you can as this is not fair. That is outrageous and you are really just being bullied just because they can get away with it.

Last edited by UDel; May 5, 2009 at 01:35 PM.
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Old May 5, 2009 | 10:07 AM
  #17  
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Originally Posted by UDel
I would still follow up with everything and go through all the BS steps they are too lazy/incompetent to do(gotta love state workers) and I would also find out who was in charge of/proposed that bill/law and who enforces it and write them a nice later explaining your outrage and possibly get others to write them too and say you will not be voting for them/their party in the future because of this. At least bring it too their attention people are angry about this.
Yes and if you find out who they are, I will mail them a few copy of the same mail each and everyday and just keep it up till they are fed up
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Old May 5, 2009 | 10:21 AM
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To the OP, not that this will make you feel any better, but in RI when you go to register and pay taxes on a used car you just bought we are required to pay taxes on either the purchase price or the 'assessed value' price which ever is greater. Sounds like NY may have something similar but not sure why they have to find it by doing an audit after the fact and not at time of reg & taxes.

Hope they back down for you.
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Old May 5, 2009 | 10:31 AM
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You need to fight this crap on a principle. This is ridiculous and they shouldn't be able to get away with this.
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Old May 5, 2009 | 10:38 AM
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Originally Posted by Och
You need to fight this crap on a principle. This is ridiculous and they shouldn't be able to get away with this.
I agree that the penalty may be worth fighting, and, under the circumstances, may be removed, but the tax difference itself could be a harder matter to settle.
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Old May 5, 2009 | 10:44 AM
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New York has gone effing crazy! They have no money, yet they have the money to build two brand new baseball stadiums (that no one goes to).

I'm not surprised one bit that you got this notice in the mail. I have received more parking tickets in the past few months than I have received in my entire life. Just 2 months ago, I received a $115 ticket for parking in front of my own driveway because I was "double parked". This happened to be the day we had that huge snowstorm and the plow trucks had come by and plowed about 3 feet high of snow in front of my apt, so there was absolutely no way for me to even enter my own driveway (that I pay for). Who plowed the snowed? that's right, the city did.

Speaking of parking signs that deliberately try to confuse, there's this sign on 13th street near Union Square that states "No Parking 7AM-7PM". Then right beneath it in smaller print, it states "No Standing 7PM-7AM". So basically, you can NEVER PARK THERE. But instead of saying "No Parking Anytime", they deliberately try to confuse people, which they do day after day after day. There's not a Friday or Saturday night that I swing by there that I don't see a line of cars with tickets on their windshields. Just an example of how this craphole city operates.

I recently told my significant other that I want out of this state when our lease is up in a few months. I'm so tired of this bull*****.

If I were you gs4004gs, I would fight this thing. Even if you lose, fight it!
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Old May 5, 2009 | 10:54 AM
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Same kind of thing just happened to my parents in Florida. My father has his own company and had bought a 2002 SC430 brand new back in 02 thru the business. Since the business could no longer depreciate its value on the books and it was paid off, the business sold the car to my mom as a private individual for $10.00 .

The state sent them a letter saying that they wanted the sales tax on the retail value of the car and all kinds of other fees/penalties unless the buyer and seller both signed/notorized an affidavit saying the sales price was in fact $10.

So my parents both signed it and that was that
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Old May 5, 2009 | 10:55 AM
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I am sure it is the state's way of trying to catch private sale fraud. If I buy a $10000 used car from you and you make out a receipt for a $2000 sales price, I have just save 80% on my sales tax.
I must admit the NY system is not perfect. Like the OP said, NY have no idea what the condition of the car was, it is almost like the buyer is being penalized for getting a bargain on the car. It is just typical new government policy, where they want to just collect more tax, but do not want to hire people to make sure the new policy works.
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Old May 5, 2009 | 11:03 AM
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Well... since much of the parts I bought, repairs made were paid in cash (how horrible that people still use cash!) I need receipts so if any of you can send me JPGs, please do so.
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Old May 5, 2009 | 11:23 AM
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Originally Posted by The G Man
I am sure it is the state's way of trying to catch private sale fraud. If I buy a $10000 used car from you and you make out a receipt for a $2000 sales price, I have just save 80% on my sales tax.
I must admit the NY system is not perfect.
Yes. Exactly. It is primarily an anti-fraud device. Many other states also operate the same way.

Of couse, that's not saying that the OP was fraudulent, if he has documentation to prove the $5000, as he says he does.
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Old May 5, 2009 | 11:39 AM
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Originally Posted by mmarshall
if he has documentation to prove the $5000, as he says he does.
As I said... this guy didn't know me nor did he owe me any favors. He and I both had a signed bill of sale for $5,000. So essentially the state is accusing us both of fraud.
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Old May 5, 2009 | 11:43 AM
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Good luck gs400gs, and keep us updated.

That is complete horse shyte.
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Old May 5, 2009 | 12:05 PM
  #28  
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ridiculous. what else can i say....
KY is the same way, we have to fill out a form and have it notarized with the actual purchase price of the vehicle or else we have to pay taxes on the full blue book tax value.
good luck.
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Old May 5, 2009 | 12:33 PM
  #29  
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Originally Posted by gs4004gs
As I said... this guy didn't know me nor did he owe me any favors. He and I both had a signed bill of sale for $5,000. So essentially the state is accusing us both of fraud.
Yes that’s basically right. You are guilty until you have prove that you are innocent. Got to love how government try to generate revenue these days.
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Old May 5, 2009 | 12:53 PM
  #30  
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Originally Posted by gs4004gs
My whole point is that NYS has no clue what condition the car was in when I bought it therefore has no way to know what it's true value is. Assumptions are not a valid legal argument.

I have spent my entire life in NY but I've about had it with a lot of what goes on here.
Its the same thing in Texas. They have values for the car, and u pay either sales tax on the car or on the wholesale value, the higher one
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