Is Failure To Pay A Tax Embezzlement

[Kathy63]

Which means even if I do not charge a sales tax, I still have to pay it. Like stores that have sales saying they will pay the sales tax. If I COLLECT sales tax, I collect that tax on behalf of the state. It never becomes my money. That makes it embezzlement.

[Ayatollahgondola]

Originally Posted by Kathy63

Which means even if I do not charge a sales tax, I still have to pay it. Like stores that have sales saying they will pay the sales tax. If I COLLECT sales tax, I collect that tax on behalf of the state. It never becomes my money. That makes it embezzlement.

No. It's all your money until you pay what you owe as determined by the tax code. Otherwise you would be required to keep the funds separate from your own. Notice that there is no requirement to do so in the tax code? I'm soory, sales tax code. I don't know what the requirements are that this city placed upon this tax
I might add that California has never filed embezzlement charges against a retailer in relation to the sales tax code. And there's plenty of huge to small amounts that were never paid. Many, many, many.

[Kathy63]

Absolutely! Sometimes they get caught. Failure to pay sales tax is treated much more harshly than failure to pay income tax. In this case, failure to pay sales tax was treated as embezzlement. What does that tell you?

[Kathy63]

Now that I think of it. Sales tax has to be paid on items you remove from inventory and use yourself, or even if given away. Naturally it would be on the total of what is considered retail sales rather than just what was sold.

If sales tax was to be held separately, you know that retailers would also be required to turn over any interest such sequestered funds generate. Be glad it's not required. I am.

[Ayatollahgondola]

Originally Posted by Kathy63

Absolutely! Sometimes they get caught. Failure to pay sales tax is treated much more harshly than failure to pay income tax. In this case, failure to pay sales tax was treated as embezzlement. What does that tell you?

The case in question was not sales. I think it was hotel occupancy. A little different I think, but I haven't been able to check into it yet.

Maybe you can explain why the state has never filed embezzlement charges against a retailer for not paying sales tax owed

[Kathy63]

Just because they can, doesn't mean they do. I don't see any impediment to filing embezzlement charges against a retailer that charges and keeps sales tax money. The State of California does consider that a "theft"

http://www.myirstaxrelief.com/sales_...esentation.php

This means, that the State tax laws consider you, the responsible person, has “stolen” the sales and use tax-collected money, by your failure to render and pay such sales and use taxes to the appropriate taxing authority agency. Therefore, state taxing authority agencies have extensive powers to recover the sales and use tax-collected money from your business or corporation, with the seizure of assets, and/or liquidation of your business. In California, the State Board of Equalization, BOE, or, SBE, has the power to recover a business’ unpaid sales taxes personally and directly from the owners, officers, shareholders and even the company employees, when certain requirements are met

[Ayatollahgondola]

Originally Posted by Kathy63

Just because they can, doesn't mean they do. I don't see any impediment to filing embezzlement charges against a retailer that charges and keeps sales tax money. The State of California does consider that a "theft"

http://www.myirstaxrelief.com/sales_...esentation.php

This means, that the State tax laws consider you, the responsible person, has “stolen” the sales and use tax-collected money, by your failure to render and pay such sales and use taxes to the appropriate taxing authority agency. Therefore, state taxing authority agencies have extensive powers to recover the sales and use tax-collected money from your business or corporation, with the seizure of assets, and/or liquidation of your business. In California, the State Board of Equalization, BOE, or, SBE, has the power to recover a business’ unpaid sales taxes personally and directly from the owners, officers, shareholders and even the company employees, when certain requirements are met

Kathy you disappoint me with your reference here. That link is to a private company that wants people to use their services. It seems to me that they have a direct interest in scaring people into thinking they might be committing a crime. Notice they put quotes around the word "stolen"?
I'm still going to hold fast that it isn't a crime....yet

[Kathy63]

You are of course entitled to your opinion. Cheers.