At 08:20 AM 9/8/01 -0400, Harry Patrick wrote:
Horace,

I purchased from Dell 3 or 4 months ago and was charged sales tax.  I
live in Florida.  I questioned the tax on the purchase when placing the
order. I was told that Dell had a business presence in Florida and was
therefore required to collect the tax.


Thanks Harry, and everyone else who has responded. 

Sure, if they have a facility in the state they collect tax.  BUT they must do so on ALL purchases, unless exempted by law.

Here is a copy of Dell's correspondence.  Look at what they say:  (begin at bottom of page)
(excuse the html please)

Be aware of vendors attempting to charge sales tax unlawfully.  I don't know if Dell is doing this or not, but let's face it, fraud happens.
My questions were not answered, and no supervisor ever contacted me. 
I canceled my order.

Horace

________________________________

To: hksawyer@catt.com Subject: RE: Attn Brandee --Important, Sales TAX
Mr. Sawyer,
I can not remove the tax, so if you want to cancel your order, please let me know. If you would like to purchase from our home sales division, that is considered a personal purchase and I don't believe they collect tax up front.
Thanks,
Brandee
-----Original Message-----
From: Horace K. Sawyer [mailto:hksawyer@catt.com]
Sent: Thursday, September 06, 2001 10:07 PM
To: Brandee_Trybala@exchange.dell.com
Subject: RE: Attn Brandee --Important, Sales TAX

Brandee and Dell,
I disagree with what you are saying.
Dell cannot legally collect sales tax from me as a Georgia resident.
Please refer this to your supervisor. When has Dell remitted sales taxes to Georgia, or had an audit by the State of Georgia of sales taxes collected? I don't know of any. Please correct me if this is in error. The states can initiate legal action if taxes were collected but never remitted to the proper state. This concerns me.

My order: Why don't you do whatever it takes to remove the tax? That marketing gimmick of "business division" (meaning to me: extra costs) is not helping your customer. Remove the tax and I will buy it, otherwise, I will cancel the order. For whatever difference it makes, please note this purchase was to be applied to my personal credit card.
So, bottom line, if you will remove the erroneous tax, then I will purchase, provided also I will receive my order by next Wed, Sept. 12.
If not, then please cancel my order and provide confirmation.

To supervisor: please address my concerns on the sales tax collection issue. Please route to the appropriate person.

/s/
HK Sawyer
7587 Nashville Street
Ringgold, GA 30736

Tel 706-965-7580

At 07:46 AM 8/30/01 -0500, you wrote:
Horace,

I can't remove the sales tax, our system isn't set up that way. When you
purchase through your business, the business is required to pay tax
regardless if we collect it or the state collects it. When you purchase
through the business division, you do in fact have to pay tax. If you have
a tax exempt certificate you can send that in to the tax department and the
tax will be taken off the order. Please fax to 888-863-8778 and include
your customer and order number on the fax.

Thanks,
Brandee