Lesson learned, moving on

[LePetomane]

You do not want the state of Minnesota on your arse about back taxes. I was audited by them a while back. Everything came out clean but they sure dig their claws in and don't let go.

It is beyond me that the states with the highest taxes have the highest budget deficits. Minnesota does not advertise a budget deficit but they always are trying to separate their residents from their hard earned cash.

[Squib Joe]

If your cash was deposited by GunStop and they in turn paid the owner, it would be taxable. It has to be on their books.

If you handed the cash over to the owner of the scope (or agent thereof), it would not be taxable - even if the transaction took place inside a retail business.

(MN 8130.5800 Subp. 10)

[yukonjasper]

Seems like you got screwed. It doesn't sound like the intent was that you were buying from Gun Stop. You were only meeting an intermediary there that happened to be employed by Gun Stop. Someone pocketed $10 cash. It would be different if you used anything other than cash or check, but it didn't sound like the scope was ever part of their inventory and the sale was being administered to by the sellers "friend". I would find out if the seller knew that GS(more likely grumpy greedy counter guy) was going to add the $10 which amounts to a Surcharge for you conducting the transaction on GS property. $10 isn't the end of the world, but I hate it when people cut themselves in but haven't added anything to the deal. If the seller wished to compensate his "friend" for his time and effort, either advertise the item with the SPIFF added in and handle it outside the sale or take it out of the $140 you paid. Cheesy if you ask me.

[Holland&Holland]

So no one has hit on a possible obvious yet. May be the guy selling it is not an isolated seller? Maybe he bought the scope with the intention of selling it for a profit and thereby is required to collect sales tax.

Instead everyone is out for blood on gunstop who really has nothing to do with this.

[crbutler]

Did you get a receipt?

If so, retail transaction. If not, contact the seller and ask him. If he consigned it or it truly was a private sale, he should tell you. If not, its bad form not to say so.

If the counter guy charged tax and kept it, and you want your pound of flesh- turn him in. MN revenue will give you all the payback you could hope for.

[Holland&Holland]

Did you get a receipt?

If so, retail transaction. If not, contact the seller and ask him. If he consigned it or it truly was a private sale, he should tell you. If not, its bad form not to say so.

If the counter guy charged tax and kept it, and you want your pound of flesh- turn him in. MN revenue will give you all the payback you could hope for.

I really doubt the dept of revenue is going after 10 bucks.

[Sigfan220]

Based on my email exchange with the seller, his buddy at Gunstop was doing him a favor. Seller said he was immobile due to a surgery. I never got the impression that this was on consignment.

This exchange by definition was a consignment sale. Gunstop was just the middle man arranging the sale. The money should have gone directly to the seller.

http://www.revenue.state.mn.us/business ... /FS132.pdf

The way I read it is as long as the money doesn't go in the till not sales tax. If they recorded the sale with a receipt and logged it on the books tax must be collected, but this is not required. They SHOULD HAVE taken the money put it in an envelope and given it to the seller. No sales tax should have been collected in this case. Again this is by definition a consignment sale.

[Holland&Holland]

Based on my email exchange with the seller, his buddy at Gunstop was doing him a favor. Seller said he was immobile due to a surgery. I never got the impression that this was on consignment.

This exchange by definition was a consignment sale. Gunstop was just the middle man arranging the sale. The money should have gone directly to the seller.

http://www.revenue.state.mn.us/business ... /FS132.pdf

The way I read it is as long as the money doesn't go in the till not sales tax. If they recorded the sale with a receipt and logged it on the books tax must be collected, but this is not required. They SHOULD HAVE taken the money put it in an envelope and given it to the seller. No sales tax should have been collected in this case. Again this is by definition a consignment sale.

Again, this is by definition, NOT A GUNSTOP ISSUE. By his own account, this is a private matter between 2 individuals with another individual acting as a middle man. His issue should be with the seller, not Gunstop. Either they guy told his buddy to charge tax or his buddy chose to charge it, either way it is not a Gunstop issue. The item was not for sale at Gunstop on consignment, it was online. Once again, it is entirely possible that the person selling was required to collect tax, new that, and did so, and followed the law. So he is not a very good seller in that he did not inform the buyer and the buyer made an assumption that was false.

[grimbeaver]

Here's the question I have yet to hear an answer to... When money was given did it go into the cash register or the friend's pocket?

[Sigfan220]

Based on my email exchange with the seller, his buddy at Gunstop was doing him a favor. Seller said he was immobile due to a surgery. I never got the impression that this was on consignment.

This exchange by definition was a consignment sale. Gunstop was just the middle man arranging the sale. The money should have gone directly to the seller.

http://www.revenue.state.mn.us/business ... /FS132.pdf

The way I read it is as long as the money doesn't go in the till not sales tax. If they recorded the sale with a receipt and logged it on the books tax must be collected, but this is not required. They SHOULD HAVE taken the money put it in an envelope and given it to the seller. No sales tax should have been collected in this case. Again this is by definition a consignment sale.

Again, this is by definition, NOT A GUNSTOP ISSUE. By his own account, this is a private matter between 2 individuals with another individual acting as a middle man. His issue should be with the seller, not Gunstop. Either they guy told his buddy to charge tax or his buddy chose to charge it, either way it is not a Gunstop issue. The item was not for sale at Gunstop on consignment, it was online. Once again, it is entirely possible that the person selling was required to collect tax, new that, and did so, and followed the law. So he is not a very good seller in that he did not inform the buyer and the buyer made an assumption that was false.

I do not agree. While the scope was not for sale at gunstop, guntstop sold it as if it was. The guy brought it to gunstop for them to sell it on his behalf. This is by definition a consignment sale. it's just the buyer was arranged in advance. It seams pretty clear in the link above that sales tax should not have been collected. So yes I would say it was gunstops fault.

I guess it's up the the buyer to clear things up at this point. I however find it hard to believe that the seller told gunstop to collect sales tax. We are all making guesses at this point but my guess is the guy at the counter did not know any better.

[Holland&Holland]

Show me where Gunstop took it in on consignment. What he said is that the seller has a buddy that works at Gunstop and he had to go there to pick it up. Just because a guy who works at Best Buy sells you his used phone does not mean you can bring it back to Best Buy and return it if it does not work. Once again, read the statute. It is very possible the guy bought the scope and buys other scopes with the intent of selling it for profit. That would be taxable. Does not mean I like it, just means it is what it is.

[atomic41]

Sounds like Gunstop ran the ad and faked the "private buyer with a physical issue" to get you in the store. (free way to run ads?) None of this other consignment stuff makes sense. If this seller was a real private seller, why wouldn't he just have you go to his house? Someone asked about where the cash went, that's a great question. In his pocket or the register?

EDIT: I just thought of another possible scenario. What if Gunstop is buying Chinese knockoffs (very popular in scopes and other firearm stuff) and running ads as "private seller" to sell them at zero liability. If this is happening, they will put up the same ad again soon because they have a crate full of that scope so watch for the ad. Yes it sounds crazy but I know of someone that sells tons of stuff they source from China on Clist. (not firearm related products) It is all Chinese clone products with big name brands and they just keep running ads for the same thing after each sale.

[Sigfan220]

Any update from the seller?

[LarryP]

Why doesn't somebody call the store & ask the owner?

[BigBlue]

Why doesn't the OP reply and say whether the transaction was rung up and money put in the till or if it was just pocketed by the 'buddy'?