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Buell Forum » 1125R Superbike Board » Archives 001 » Archive through December 25, 2009 » How is this legal? Please Help. » Archive through December 14, 2009 « Previous Next »

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Wera44
Posted on Sunday, December 13, 2009 - 10:36 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I was quoted a price of $5985 OTD for a 1125R. I gave my card over the phone for a $500 dollar deposit. When the finance manager sent the conformation email it was $400+ higher and the guy said it was because of tax. Well he is in Kentucky and Im in Georgia. My understanding is my county collects the tax when/if I title the bike. Chances are I wont title because Im going to race it. In any case when I gave my card information it was $5895 out the door and I have emails to confirm this. After all this I told the salesman I didnt want the bike and they said fine but the deposit is un-refundable. Im going to dispute it through discover card I just thought this was a load of crap. I never signed a receipt or buyers order but something tells me im going to get screwed.
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Piotr12
Posted on Sunday, December 13, 2009 - 10:48 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

If you were to title the bike in Georgia, you would pay $400 dollars less for your taxes. The Kentucky dealer would provide a tax receipt that shows the amount paid.

I am in Saint Louis and bought my bike in Jacksonville, Florida. Adamec HD charged me FL state tax and furnished a tax receipt. When I went to title my bike I only had to pay the difference.

Sounds to me like the dealer is trying to pull a fast one. If you agreed on a OTD price and they are now asking for extra $$ then something sounds fishy. The bike is a "steal" for the price mentioned above but I agree, a deal is a deal. Discover card services should take care of you should you choose to kill the deal.

Pete
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Ft_bstrd
Posted on Sunday, December 13, 2009 - 10:49 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I don't believe a Kentucky dealership can act as a tax collection point for another state.

If the tax is a Kentucky tax, that might make sense.

Are you sure this isn't the HD document fee?

I would dispute the $500 deposit with Discover card.
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Wera44
Posted on Sunday, December 13, 2009 - 11:12 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Im sure about the extra amount being tax. It is a new bike with 1500 miles.(demo bike) They told me no way around it that Harley makes the collect taxes so people dont buy them to resale but every dealer I spoke to said the dont collect tax from out of state. The sales person said we collect tax because we are an adjoining state. (idiot) I bought one right down the road brand new for $6495 and guess what? they didnt collect tax. The sales person told me I was being petty and that what I was doing was illegal. I have bought plenty of new off the showroom floor bike kept the MSO and just past it along to the new owner after I was done racing it. Already called Discover.
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Reducati
Posted on Sunday, December 13, 2009 - 11:15 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

some states have reciprical tax agreements with other states.
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Jackgraves
Posted on Sunday, December 13, 2009 - 11:16 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I got mine for 5500 out the door in PA, I live in FL did not pay tax till i got back here in fl.
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Wera44
Posted on Sunday, December 13, 2009 - 11:17 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

My problem was not with paying tax although for my purpose it dosnt make sense but the fact it was 5985 otd and once they had my card info they send me an email with a price $418.95 higher. I had an email that states I agree to pay $5985 OTD and nowhere in any email did they say the deposit was un refundable

(Message edited by wera44 on December 13, 2009)
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Sfinton
Posted on Sunday, December 13, 2009 - 11:20 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I'm in Louisville, KY and purchased my CR down in Clarksville, TN. TN tax is higher (like 9%). I had the same intentions of you, paying KY tax when I brought it back to my state. The HD dealer adjusted to our 6% tax and then sent a check to our DMV for the amount of tax I paid. Kind of weird but everything worked out.
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Sfinton
Posted on Sunday, December 13, 2009 - 11:21 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Which dealer are you working with? I was allover the ones in KY and they wouldn't budge on their prices, so I went to TN.
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Wera44
Posted on Sunday, December 13, 2009 - 11:49 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I would rather not say in public pm me and I will tell anyone who wants to know. My problem was not with the tax. They were going to right a check to my county I think. Yes it was an expense I didnt need. For the money the wanted to charge I bought my new 0 miles bike with 2 yr warranty instead of a 1500 mile bike with 8 months warranty left. Bottom line $5985 OTD is not $5985 plus tax to leave with the bike. Also why mot call before you charge my card for more than you quoted. The right thing for them to do would be tell me I can sell you the bike OTD for $5985 or adjust the price with tax to make it what you quoted me.

(Message edited by wera44 on December 13, 2009)

(Message edited by wera44 on December 13, 2009)
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Xnoahx
Posted on Sunday, December 13, 2009 - 01:03 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Different state here but If I sell a bike here in CA that is going to another state, unless a shipping company picks the bike up, the customer pays the local CA sales tax and a one trip licensing fee. When he gets it home his contract will show that he paid the tax on it when he goes to register it.
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Dentguy
Posted on Sunday, December 13, 2009 - 02:43 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Credit card company can handle it. You will likely have to put your dispute of the charges in writing and send it to them. They can then put the charge on hold while it is investigated. They will tell you what you need to do.

I went through this sort of thing with a cap for my truck. I gave a deposit for a new cap and when it showed up (still at the dealer) it was damaged. I told them I didn't want it damaged and they needed to replace it or give my deposit back. They then told me it's non refundable and I had to take it. They couldn't prove to the credit card company that it was a non refundable deposit and I was refunded. It was a pain and went back and forth responding to each others letters, but imagine if I had given a cash deposit.

Good luck. Hope it works out.
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Wera44
Posted on Sunday, December 13, 2009 - 03:07 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Thanks for all the input. Hopefully they do the right thing and its not an issue. Discover said the charge is pending but they havent followed through on the charge process yet.
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Xb1200rick
Posted on Sunday, December 13, 2009 - 03:12 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Its Georgia not the dealer. Georgia changed their vehicle tax law a few years ago. Formerly if you lived in Georgia and bought out of state you did not pay tax to the dealer but state would "sometimes" send you a tax bill later. They changed all that about 2 years ago and the require the dealers (including out of state) to prove you paid Georgia sales tax which means they are going to collect it. Georgia also caught up on the years in which they did not enforce tax laws buy sending nasty letters to everyone that had bought a vehicle out of state and did not pay tax. I GOT 3 ouch!They will collect sales tax no matter if you title the bike or not. Title fees are totally separate
Rick
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Wera44
Posted on Sunday, December 13, 2009 - 03:20 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

So why didnt the dealer in TN collect tax? also the other out of state dealers I called said that was between me and my county tax office. Again if I had to pay tax it wouldnt be an issue my problem is switching the price. After thinking about it chances are I will get it titled so I can sell it as a street bike later.
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Fresnobuell
Posted on Sunday, December 13, 2009 - 05:33 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

There are some states that have a reciprocal tax where you get taxed in both states. Bloodsuckers.
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Bordercop
Posted on Sunday, December 13, 2009 - 05:56 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

If I'm not mistaken, you are allowed to deduct 100% of takes paid on a "new" vehicle purchase for 2009. So this is some benefit.
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Bordercop
Posted on Sunday, December 13, 2009 - 05:57 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Not "takes" I ment taxes.
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Lostsumwhere
Posted on Sunday, December 13, 2009 - 07:04 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

You have the option to decline paying out of state taxes and paying your state tax once you get home at least that's what we do in Va but if you do pay tax and your states taxes are more you just pay the diff when you register now as for the deposit unless you signed a document stating that the deposit was non refundable you can fight that and get your money back
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Wera44
Posted on Sunday, December 13, 2009 - 09:02 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Never signed anything Im 7hrs away so everything was via phone.
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Kidder
Posted on Sunday, December 13, 2009 - 09:24 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I bought my bike in Tennessee. I had to sign a form stating that I'd pay tax in my state (Texas) within a certain amount of time. When I got the title, I took it to my local license office and paid tax and title fees. Piece of cake. I'd have a serious problem with the dealer in Kentucky charging me sales tax when they know I won't title it there. I'd get this cleared up and have them remove the tax.

And, whether you title it or not, you still have to pay sales tax in Georgia.
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Wera44
Posted on Sunday, December 13, 2009 - 09:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

understood, the only way they know about the purchase is if you title it : )

(Message edited by wera44 on December 13, 2009)
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Mikezx9r
Posted on Sunday, December 13, 2009 - 10:04 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I bought my Buell out of state. I paid tax (6% state) to the dealer and when I went to register it, I only had to pay the discretionary sales tax (.5%) of the county I live in.
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Iamarchangel
Posted on Sunday, December 13, 2009 - 10:37 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Sounds like the tax discussion is irrelevant to the charge. If I've got this right ,you had a deal on an OTD price, which would include tax as far as I'm concerned, and then the seller added the tax to the credit card.

If you have the email discussions, talk to discover. They should refund it for you. The reason for the increase is no never mind. You had agreed to a price and the seller raised it. All that Discover wants to know is that you have an email showing the agreed price.

I've had to do this in the past. Long story but the credit card refunded the money to me on one phone call.
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Wera44
Posted on Monday, December 14, 2009 - 08:22 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Thats what I wanted to hear!
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Danxb9r
Posted on Monday, December 14, 2009 - 09:09 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I'm from Michigan and had to pay sales tax on my bike in Chicago. Some sister states are setup that way. Either way I would have to pay it, whether its at the dealer or at my DMV. They provided a tax form for me to bring in so all I pay is the $25 licence fee and $8 transfer fee from another bike.
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Court
Posted on Monday, December 14, 2009 - 09:30 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

>>>Chances are I wont title because Im going to race it.

Titled or not you still would owe SALES tax. The question becomes one of which venue you pay in. For a complete read google something like "tax nexus".
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Fast1075
Posted on Monday, December 14, 2009 - 10:44 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

If the dealership had to pay taxes when they received the bike, they will be charging you for them...Don't know about that for sure, but when I buy air conditioners, we have to pay the sales tax on the cost when we pick them up.
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Freezerburn840
Posted on Monday, December 14, 2009 - 10:51 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Also why mot call before you charge my card for more than you quoted. The right thing for them to do would be tell me I can sell you the bike OTD for $5985 or adjust the price with tax to make it what you quoted me.


Exactly they cant charge you that extra tax after stating the "Out The Door Price". Keep all your email dialogue with the dealer and refute that charge. That charge should have been discussed or documented by them and you. If it was not then you have a case to get it credited back.
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Carbonbigfoot
Posted on Monday, December 14, 2009 - 10:52 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

That's all Bull$hit. I bet they were trying to pass on the credit card fees to you.

Ask for a Purchase Order that breaks down Tax, Title, and License fees, line by line.

Either way, it's a smoking deal on that bike.

R
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