Quote:
Originally Posted by jgvarriano
Today, I bought a $20 gift card at Oh My Sweet Cakes in Paddock Square - Brownwood. I was charge an extra 3% (credit card sale - I can live with that.), which I saw no sign indicating they did that, PLUS an extra $1.40 sale tax. I asked the young man that when the recipient of the gift card used the card, would they be charged a sales tax a second time. He said, "yes." I told him that he can't charge me sales tax, but he said it's like an activation fee.
I went home and look up sales tax on gift cards in the state of Florida. Law 12A-1.089 states "The sale of a gift certificate is not taxable."
I haven't decided yet if I'm going back to get my $1.40. It may not be worth my time.
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Absolutely go back. I lived in a state that did not tax to-go orders, but did tax if you dined in. I bought something from a bakery one morning on my way to work. This bakery was located in an extremely well-to-do area called Laguna Beach, CA. The well known bakery had been there for many years, well over a decade.
My purchase was charged sales tax. When I questioned it, the owner/manager said to me, "My accountant said to just charge everything and everyone sales tax, it is easier that way." Easier, but illegal! I never stopped at that bakery ever again.
Since I drove by there every day during the work week, and often stopped to pick up something to eat on the way in, I wonder how much in years of profit he lost by charging me sales tax that one time. Probably got an extra fifty cents out of me in sales tax, and lost about $50 worth of profit.
Place is still there though, it is beloved by the community and tourists who apparently do not notice or care about the extra charge.