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Old 06-05-2008, 02:17 PM
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peterlund peterlund is offline
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Outrageous Massachusetts Sales TAX! HELP!!

I am requesting the help of any Massachusetts residents that have recently had the pleasure to register an Alfa Romeo. I just left the registry last week after presenting my signed title and valid bill of sale on a long dormant, very rough, non running, inneed of total restoration Spider that i paid $400 dollars for. I needed to aplly for a title, as we get a stiff pejnalty if we do not do it within 30 days of purchase, so I ran right in to do the deed. I stood there stunned when the clerk said I needed to pay tax on the NADA value that she pulled up on the computer..... Well, Mass has a 5% sales tax rate, and the NADA value on low retail (daily driver in need of restoration, average wear non restored) was 9400 dollars. Yes that is right, I had to pay $470 dollars tax on my $400 car. Not only am I outraged, I live in a state that can rob you with no recourse. I found through my friendly Department of Revenue, that we here in Massachusetts do not have a system to file for appeal or amendment either! We have an official form to file, but no legislation that makes the Dept of revenue need to even look at the official form. The registry offers the form to get you out of there, but it is a useless tool. I would like any of the BB readers whom have had a similiar experience to please PM me or respond to this thread. I have a couple of State senators interested in putting forth legislation to stop this foolishness. I have lived in this tax-crazy state all my life, but this incident has pushed me over my tax-paying edge!!! Any help would be appreciated, and any war stories helpful.
Regards to my fellow BB-ers. The war is ON!
Pete
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Old 06-05-2008, 02:23 PM
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Wow, does that suck.

But, on the brighter side, if in the event there's an accident and the insurance companies want to quibble price, there's your proof right there that an official office/department/whatever NADA calls itself, or is it the actual DMV reference? In which case you can literally say that the state govornment says it's worth at least $9400.

Little consolation I know, but could be a silver lining at some future point. (look at all the dillemas others have had trying to get a fair value out of insurance claims)

Worth getting in writing even....
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Old 06-05-2008, 02:26 PM
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I remember this when I registered a car in MA. I had an old Mustang that was not worth what I had paid for it, although I didn't know that at the time.

Some things never change.

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Old 06-05-2008, 02:26 PM
ghnl ghnl is offline
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Another reason why we moved from Taxachusetts to North Carolina... (plus I get to drive the Spider or MG or motorcycle year round)

Next tell us how much you pay to insure your daily driver and I'll tell you how much I pay here in NC...
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Old 06-05-2008, 05:02 PM
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I would not have paid the sales tax. I would have done some research to find what the sales tax is on used cars. You paid the sales tax, which some might say means you agreed with the value the clerk put on your car.

Do your research. If you find that the clerk is wrong, you can probably take them to small claims court.
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Old 06-05-2008, 06:13 PM
Alfisto Steve Alfisto Steve is offline
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I sold a GTV6 some years ago and MD was going to charge new owner tax on 9600 I think but we produced a copy of the eBay final selling price page off internet and he got to pay on that price.

I recently had to pay sales tax on NADA $2300 loan value for a 93L instead of the minimum $1000 rate they tax you here in VA regardless of what you pay.

I also had to pay same tax rate on a $1000 value for my $100 boat trailer but that is the rule here. At least tax rate is only 3.5% on vehicles here.
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Old 06-05-2008, 07:02 PM
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Here in Ontario a vehicle older than 15 years must have an appraisal certificate from a registered licensed appraiser before the DOT will allow the vehicle to be registered. The good old days of a bill of sale is no longer valid.....yup just another money grab by big brother. In my case my car was appraised at $500.00...but the cost to get the appraisal was $100.00. Perhaps you should have had the vehicle appraised by a licensed appraiser (if such exist in your state). Also.....and to make you feel a little better....our tax rate is generally 12% (7% PST and 5% GST) on all goods and services!
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Old 06-05-2008, 07:06 PM
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Love it. You know tax the rich so the common people do not have to be burdened. How would you like an 8% sales tax like here in New York. My brother took a cut in pay and moved to VA and figures he came out about 10K ahead since the property taxes, and other taxes in VA are so much lower.

Not enough money to spend as they see fit? Just raise the taxes on "the rich". Or tax "sin".

I don't smoke, but I think the new $1.75 a pack tax is obscene. And our gas tax is a percentage of sales cost so as gas cost goes up so does the tax. Talk about windfall profit.

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Old 06-05-2008, 07:24 PM
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Quote:
Originally Posted by ossodiseppia View Post
...
Do your research. If you find that the clerk is wrong, you can probably take them to small claims court.
No, you certainly cannot take a State agency clerk to court for either following the State rules and regulations or for making an interpretation or judgment call. The clerk has qualified immunity.

Theoretically, you could try to fight an agency ruling in court, but you sure aren't going to do that in Small Claims Court. And, more importantly, you'll lose 100% of the time. Agencies are entitled to deference from the courts in the way they interpret their own rules and regulations; even if a court disagrees with an interpretation, the court can't substitute their own interpretation for that of the agency, unless no rational person could have made the agency's interpretation. This is well established under US Supreme Court precedent.

Peterlund, I really feel for you, but the only way to fight this is political--not legal. Contact your State Representative. Even better, contact a local TV station; maybe you can interest some consumer reporter in the story (you've got the car for some visuals). With some luck, you might embarrass the State into giving you the money back.

Good luck, but don't waste your time going to court.
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Old 06-05-2008, 09:38 PM
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Outrageous Massachusetts Sales Tax! Help!

Registering cars, specifically Alfas, appears to be a walk in the park in both Michigan and California compared to this, although, you do need to know the rules, how to use them to your advantage, what not to tell the lovely clerk that helps you, and they will take a bill of sale and figure the tax on that figure. I was on a first name basis with my own Sacramento DMV girl because she got tired of straightening out local office mistakes, which Pat and I wouldn't let ride and took to Sacramento. It does take persistence and research to be convincing and prove that you are right; expect to be in it for the long haul until you prevail the first time. Once the precedent is set, it's much easier for future transactions.

If Massachusetts works like California and has a chain of command, you might try the head office and see if you can convince some one there. You could also contact your local hospitalized senator and ask for his help. I understand that in the past he has been responsive to personal issues that even deal with laws outside of Massachusetts. Let's just say,I used him, successfully, as a resource some years ago...

You could also look at the bb membership list or some of the AONE threads and select some of those that reside in Massachusetts, post to the board, are active in the club, and ask for their advice or how they've handled similar situations. I know many of the AONE guys own multiple cars that were not purchased in pristine condition.

On the bright side if Massachusetts allows DMV registration/vehicle purchase tax deductions based on value, you could look at it as an income tax deduction.
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Last edited by Pat Braden; 06-05-2008 at 09:45 PM.
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Old 06-05-2008, 09:39 PM
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Bottom line, you don't always have to be believe what the first person tells you, especially if you don't like it. The time to talk to a lawyer (or other expert) is before layimg your money down? They are trying to thwart chearts and you weren't ready. I'm sympathetic to your plight but got to know the game plan.
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Old 06-05-2008, 10:04 PM
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Could this have been clerical error?

Did you talk to the person's supervisor?

Beyond that, it's non-sensical, and we all feel your pain, I assure.

I am torn to mention anything that throws favorable light upon California Automotive Law, but here we simply write down the price we paid on a form when the Title is available. I suspect, however, that we could be looking at more stringent requirements in the future.

There are hidden taxes in almost everything that we do, and the governments - local, state, national - are always looking for new revenue sources, thus if some resourseful intern points out the "holes" in California's automobile registration process - a new 500 million dollar revenue stream fatten the coffers.

This is what government does - it grows.

At whose expense?

SD
Can't wait for the proposed "free" national healthcare! (brought to you by Exxon)

Last edited by GrandPrix; 06-05-2008 at 10:36 PM. Reason: international sensitivity
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Old 06-06-2008, 12:01 AM
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Outrageous Massachusetts Sales Tax! Help!

Quote:
Originally Posted by GrandPrix View Post
Could this have been clerical error?

Did you talk to the person's supervisor?

Beyond that, it's non-sensical, and we all feel your pain, I assure.

I am torn to mention anything that throws favorable light upon California Automotive Law, but here we simply write down the price we paid on a form when the Title is available. I suspect, however, that we could be looking at more stringent requirements in the future.

There are hidden taxes in almost everything that we do, and the governments - local, state, national - are always looking for new revenue sources, thus if some resourseful intern points out the "holes" in California's automobile registration process - a new 500 million dollar revenue stream fatten the coffers.

This is what government does - it grows.

At whose expense?

SD
Can't wait for the proposed "free" national healthcare! (brought to you by Exxon)
Believe me, there are many unfavorable things about California automotive law, you don't have to look too hard to discover a few....but knowing the law and its implications is half the battle to success.

A funny that I can't pass up....where I work acts as a smog referee and we have reserved spaces marked as such. One of our female employees who knows nothing about cars except that you put gas in them and turn the key, just cracked me up, with the following: she had seen an Alfa parked out in one of the referee spots and thought I might want to go out and take a look to see if it was some one I knew. She then continued with, "I've never understood, why the reserved referee spots are by the automotive department instead of the P.E. field." We get a number of exotics in trying to get through smog.
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Old 06-06-2008, 12:26 AM
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One of our female employees who knows nothing about cars except that you put gas in them and turn the key, just cracked me up, with the following: she had seen an Alfa parked out in one of the referee spots and thought I might want to go out and take a look to see if it was some one I knew. She then continued with, "I've never understood, why the reserved referee spots are by the automotive department instead of the P.E. field." We get a number of exotics in trying to get through smog.


Given this female employee's attributes, have you considered steering her towards Government employment (like the DMV)?


SD
(when Public Service meant something)
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Old 06-06-2008, 06:27 AM
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