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Taxes/surchages on ETF allowed?

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#1

Posted 12-17-2012, 06:58 AM

sqrlproductions

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Taxes/surchages on ETF allowed?

I ended my Sprint mobile service a couple of months ago. I expected a $100 ETF but was not included in my last bill which was prorated for 3 days of service. Fast forward to today, and I noticed a pending charge on my cc online bill pay for $118.90. I looked into the bill, and there is a line item for $100 ETF but then $18.90 in taxes/surcharges -- even though there was no service provided for previous 34 days prior to bill date.

I chatted with a Sprint CSR and his supervisor and their claim is that Sprint is legally allowed to impose the $18.90 in taxes/surcharges. My counterclaim to them is how can taxes/surcharges be applied when no service was provided.

I plan to file a claim with State of IL AG and state tax office for verification of Sprint's position.

Thoughts?

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#2

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12-17-2012, 07:32 AM

PiratePenguin zoomzoomin Member sinceDec 2008 Posts3,657 Locationthe sea Reputation 842 Followers 2 + Give Rep	its $19. is it really worth your time?
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#3

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12-17-2012, 07:39 AM

sqrlproductions

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Quote from nizzy1115

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its $19. is it really worth your time?

I don't know. That's part of the reason I'm asking on the Finance board to see what to expect in terms of filing a claim, validity of my thought process, etc.

If it takes no more than 10 minutes to save $19. Then yes, I would think the benefit outweighs the cost in time. But if in order to save the $19 I would have to spend hours and hours on hold, $$$ on certified mail costs, etc. then prolly not.

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#4

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12-17-2012, 08:04 AM

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Quote from sqrlproductions

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I looked into the bill, and there is a line item for $100 ETF but then $18.90 in taxes/surcharges -- even though there was no service provided for previous 34 days prior to bill date.

These are two different things. Sprint collects taxes on behalf of the government. Sprint imposes surcharges on certain products/services on behalf of itself. You really need to specify which you are actually being charged. Then if you really want to know, read your original contract.

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#5

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12-17-2012, 08:39 AM

sqrlproductions

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These are two different things. Sprint collects taxes on behalf of the government. Sprint imposes surcharges on certain products/services on behalf of itself. You really need to specify which you are actually being charged. Then if you really want to know, read your original contract.

From my bill:

Quote :

Early Termination Fee $100.00
Sprint Surcharges $4.30
Government Fees & Taxes $14.60
Total Due $118.90

I guess that I could read my original contract, but if a contract outlined a condition which was contrary to law, said contract condition would not apply. I can't see how Sprint can claim to collect taxes/surcharges legally when there were no services rendered for the billing period.

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#6

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12-17-2012, 09:23 AM

B9FYwspP8J85 L3: Novice Member sinceMar 2009 Posts167 Reputation 48 Followers 0 + Give Rep	The taxes are on the fee. It does not matter you didn't have service. They charge you a fee based on your contract, they can charge taxes on top of the fee. They have to pay taxes on all money they collect. Why should their fee be tax free?
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12-17-2012, 03:19 PM

sqrlproductions

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The taxes are on the fee. It does not matter you didn't have service. They charge you a fee based on your contract, they can charge taxes on top of the fee. They have to pay taxes on all money they collect. Why should their fee be tax free?

Actually, per a suggestion in an earlier post, I looked into the terms, and according to the Know about surcharges, taxes, fees and other charges [sprint.com] page, these taxes and surcharges are assessed per line, per month. Since I didn't have service nor a line for the billing period, I wouldn't expect these taxes/surcharges.

I am going to try again to contest with CSR -- referencing the terms on the Sprint website. Will report results here later. I'm getting close to my self-imposed 10 minute limit; if it takes more effort than that, I'll just eat the $19 and pay the surcharges/taxes even if I personally don't believe they should apply.

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#8

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12-18-2012, 05:33 AM

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from here:

http://news.cnet.com/8301-30686_3...3-266.html

"Still, I contacted Michael Aschenbrener, a class action attorney at the law firm Edelson McGuire in Chicago. His firm was involved in many of the lawsuits against wireless carriers for imposing early termination fees. He is not a tax attorney, but he has been following the early termination issue closely.

Here is what he had to say: First, whether or not your ETF is subject to a sales tax depends on a couple of things. First, if the contract you signed with your carrier specifies the ETF was a penalty, then you likely should not be charged a sales tax. Penalties are typically not taxable. But if your contract stipulates that the ETF is part of your service, then it could be taxable. Services are typically taxable."

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12-18-2012, 07:19 AM

sqrlproductions

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Quote from B9FYwspP8J85

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from here:

http://news.cnet.com/8301-30686_3...3-266.html

"Still, I contacted Michael Aschenbrener, a class action attorney at the law firm Edelson McGuire in Chicago. His firm was involved in many of the lawsuits against wireless carriers for imposing early termination fees. He is not a tax attorney, but he has been following the early termination issue closely.

Here is what he had to say: First, whether or not your ETF is subject to a sales tax depends on a couple of things. First, if the contract you signed with your carrier specifies the ETF was a penalty, then you likely should not be charged a sales tax. Penalties are typically not taxable. But if your contract stipulates that the ETF is part of your service, then it could be taxable. Services are typically taxable."

From your linked article: "At this point, the rep may just waive the fee and you can go on your way. " I guess that I persisted enough and mentioned the State AG and state tax board enough times that I got the $19 taxes/surcharges waived by a supervisor. Overall, I spent less than 10 minutes for the $19 so worth it for this user.

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#10

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12-18-2012, 10:28 AM

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What doesnt make sense to me is when you pay a fixed rate for service. For argument sake telephone bill on a landline of $25 how the bill can change month to month on the taxes. Sometimes it was 32.18 next month 32.40. Why the 12 cent increase ?

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#11

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12-18-2012, 10:49 AM

slapshot136

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Quote from Scampsters

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Sometimes it was 32.18 next month 32.40. Why the 12 cent increase ?

pretty sure it's directly based on the 911 calls and how often they were made for the given period, such that they pay the people who take the calls via those fees, or atleast that is part of those taxes which causes it to jump by a few cents from month to month

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