John is shopping at a retail store and the retailer rings up his item and tells him the price, including sales tax. John says he does not believe it's his responsibility to pay the sales tax, because he's not selling anything, the store is.
That is just what it is called. It is actually a purchase tax.
John has a point but he's still wrong.
At least in Indiana all products must show the price before tax. Tax is added and the buyer pays.
No such thing as the sales tax is included in the price.
Sounds like John doesn't understand the basics of commerce.
Whether they add it on in the end or add it in the price to cover it...John is still paying the tax..
That is the system John lives in.
Additionally, should the retailer have the right to discriminate against John as a customer?
How is that discrimination?
I'm saying, should they have the right to refuse him service because he won't pay the sales tax?
They actually have that right to refuse the customer if the customer refused to pay the tax.
Well, technically, the store is responsible for the payment of sales tax (in CA). The caveat is that retailers may post signs indicating that customers will be expected to reimburse the tax to the retailer as part of the agreed sale. So John could have a case if it was never posted that he'd be expected to reimburse the tax.
Actually it is my understanding that stores are required to collect the sales taxes in ALL of our states and as such can make a determination to to serve someone who refuses to pay the taxes. I have seen it done. And I believe there was a case in NY several years ago where the courts upheld the businesses right to do so.
I'm not sure about each state, but in 99.9999% of all scenarios nationwide I'm sure the consumer is the one liable because the store will have posted notices saying the customer is expected to pay the tax.
You're correct, but the store is responsible for collecting them, the customer is responsible for paying them. Hence...if the customer won't pay, the store doesn't have to sell.