Comments on: Is it legal to charge me sales tax on my lawn care bill? http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/ Free Consumer Legal Resource Fri, 18 May 2012 11:35:32 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Doctor Deth http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/comment-page-1/#comment-380 Doctor Deth Mon, 11 Feb 2008 16:25:24 +0000 http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/#comment-380 that's YOUR responsibility to find out what services ARE taxable - If it is and you haven't been collecting and submitting the tax to the state and you get audited, you would have to pay all that tax out of your pocket - contact the state Dept of Revenue - you should have gotten a guidebook explaining all the sales tax issues when you got your sales tax license - you did get a sales tax license didn;t you? that’s YOUR responsibility to find out what services ARE taxable - If it is and you haven’t been collecting and submitting the tax to the state and you get audited, you would have to pay all that tax out of your pocket - contact the state Dept of Revenue - you should have gotten a guidebook explaining all the sales tax issues when you got your sales tax license - you did get a sales tax license didn;t you?

]]> By: bostonianinmo http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/comment-page-1/#comment-379 bostonianinmo Sat, 09 Feb 2008 01:27:34 +0000 http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/#comment-379 It's not only legal, it's REQUIRED. It’s not only legal, it’s REQUIRED.

]]> By: Kate P http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/comment-page-1/#comment-378 Kate P Fri, 08 Feb 2008 17:12:17 +0000 http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/#comment-378 Yes, if they are a registered, licenced business they have to charge tax, for well.....tax purposes. They need to report taxes, what wouldn't be legal is if they are licenced and NOT charging tax...I am a buniness owner as well and I do have to charge tax for a service....as dumb as it seams... Yes, if they are a registered, licenced business they have to charge tax, for well…..tax purposes. They need to report taxes, what wouldn’t be legal is if they are licenced and NOT charging tax…I am a buniness owner as well and I do have to charge tax for a service….as dumb as it seams…

]]> By: der http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/comment-page-1/#comment-377 der Wed, 06 Feb 2008 19:31:38 +0000 http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/#comment-377 According to the Texas tax information website, the answer is "yes." "Landscaping and Lawn Care Services If you do landscaping or lawn or plant care, you should be collecting sales and use taxes. Landscaping and lawn and plant care services include any work you do to maintain or improve lawns, yards and ornamental plants and trees. Collecting Tax You should collect state tax, plus any local tax (city, county, special purpose district or transit) on the total charge for these services. Guidelines Here are some examples that should help you decide which of your services are taxable. Of course, these examples don't cover every situation. If you have a question, call us. Taxable Services * Planting, transplanting, relocating and removing indoor or outdoor plants * Identifying, preventing or curing plant diseases * Pruning, bracing, spraying, fertilizing and watering plants * Planting, mowing, trimming and edging grass or other ground cover * Planting and maintaining flower gardens * Trimming, spraying, and maintaining trees Nontaxable Services * Mowing pipeline or highway rights-of-way * Trimming trees away from power lines * Harvesting, cultivating, mowing and fertilizing farm or forest land * Mowing cemeteries You should separately state charges for nontaxable services from charges for taxable services. Otherwise, your total charge will be presumed taxable if the taxable portion is greater than 5 percent. You or your customer may overcome the presumption through documentary evidence that establishes the percentage related to nontaxable services. Your invoices or contracts should clearly identify the services you perform." According to the Texas tax information website, the answer is “yes.”

“Landscaping and Lawn Care Services

If you do landscaping or lawn or plant care, you should be collecting sales and use taxes. Landscaping and lawn and plant care services include any work you do to maintain or improve lawns, yards and ornamental plants and trees.
Collecting Tax

You should collect state tax, plus any local tax (city, county, special purpose district or transit) on the total charge for these services.
Guidelines

Here are some examples that should help you decide which of your services are taxable. Of course, these examples don’t cover every situation. If you have a question, call us.
Taxable Services

* Planting, transplanting, relocating and removing indoor or outdoor plants
* Identifying, preventing or curing plant diseases
* Pruning, bracing, spraying, fertilizing and watering plants
* Planting, mowing, trimming and edging grass or other ground cover
* Planting and maintaining flower gardens
* Trimming, spraying, and maintaining trees

Nontaxable Services

* Mowing pipeline or highway rights-of-way
* Trimming trees away from power lines
* Harvesting, cultivating, mowing and fertilizing farm or forest land
* Mowing cemeteries

You should separately state charges for nontaxable services from charges for taxable services. Otherwise, your total charge will be presumed taxable if the taxable portion is greater than 5 percent. You or your customer may overcome the presumption through documentary evidence that establishes the percentage related to nontaxable services. Your invoices or contracts should clearly identify the services you perform.”

]]> By: garrisonbight http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/comment-page-1/#comment-376 garrisonbight Sun, 03 Feb 2008 22:06:47 +0000 http://legalprodirectory.com/is-it-legal-to-charge-me-sales-tax-on-my-lawn-care-bill/161/#comment-376 It is if they are collecting the sales tax and the State is actually GETTING the tax, but if they are collecting it and then pocketing the tax money.. they are in a BIG world of hurt if the State finds it out because someone reports it. It is if they are collecting the sales tax and the State is actually GETTING the tax, but if they are collecting it and then pocketing the tax money.. they are in a BIG world of hurt if the State finds it out because someone reports it.

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