this has gone so far south the penguins want a say
State of California reaching for Sales Tax
I sent a Grimm MU1 streamer back to the netherlands for upgrade in early 2024. I had contacted them with a question. they logged into my streamer remotely. said it looks to have a cable problem and that is was an early model that they would like to upgrade to the latest version at no cost to me if I would just send it back. The MU1 isn’t heavy so I decided to send it back.
choosing a Tariff code wasn’t easy but finally found a code for "returned items" which prevented Grimm from having to pay a large VAT on recieving it. When they sent it back, the US Customs and Border Protection Agency held up the package for a few days, and then I had to pay them about $50 for their trouble to determine that no tariff was due.
I thought that was it.
Just got a letter from the state of california saying that I owe them sales tax for this item they saw coming into the country from the Netherlands. They gave me a reference but I need to "create and account as an importer" and then try to convince them that I do not owe sales tax (use tax).
I haven’t found record of my shipment out of the USA yet but hope I can find someting to convince them this wasn’t a purchase.
Wish me luck,
Jery
won't the fish boycott you up there @tomic601? |
i am here winters in California… the bike lane and real infrastructure and in general a caring and compassionate diverse populace with some remarkable educational and research institutions are worth the freight $$$$ imo… Of course.. i retreat to Seattle summers and often chasing fish in BC.. i wouldn’t mind in the least leaving red terror ignorance behind and joining Canada… |
@immatthewj I wish gas prices were at $10/gallon. I think that would do it. |
Using the letter "K" implies a Russian style of government which California is the furthest from that one can think of. Disputing that is easy and you call that being political? Anyone with any sense knows that California would be the 4th largest economy in the world if it were a nation and not a state. That creates a lot of jealousy. Yes, we have problems but all states have problems. Democracy is messy. There is no reason, other than criminal, why every state can’t be as successful. Some are but due to their size aren’t economic powerhouses, but at least they’re making it on their own. California pays more in taxes than they get back and they’d like their $83 billion back (that’s just in 2022). Having it go to other states that refuse to support themselves, parasitically living off other states is getting old. It’s about time they tax their own citizens and businesses and stop with their silly welfare dependency. It’s done intentionally and has been a criminal enterprise (in some cases) since the end of the Civil War. In some red states, we taxpayers from other states pay up to 40% of the operating costs of their state government. Why the hell should we? Imagine running your own sovereign state (as they like to call themselves) on its own. If that were to happen, you wouldn’t have any bragging rights about how low your taxes are. And there you go again with that oft used and tiresome refrain. |
Hypocrisy suits you, @charliee . |
Why is it that when stating facts, I am accused of being political. Anyone with any sense knows that CA is ridiculous with taxes, mandates, and bureaucratic BS. Just ask the car enthusiasts who live in CA what they have to put up with. And this comes from someone who lived there in the 80s. Beautiful place for sure and that's why most people stay. It's surely not because because of anything else. But you never let an opportunity go by to play your political card. |
@devinplombier Is that the best comeback you can think of? The old I'm rubber and you're glue BS? Like I said, stick to audio, dude. All the best, |
Talk about projection. If any political party is anything akin to Russia's autocratic, gangster system of politics, it's the GOP as presently constituted. Stick to audio so as to not embarrass yourself, unless it's your intention to simply troll. All the best, |
There's a simple moral in this tale - if shipping goods, keep all records. If an item is crossing borders, it's absolutely imperative to have a paper trail. @OP. It might be helpful to have Grimm supply you with an affidavit stating that the goods were sent by you for repair. Also, if they have receipt shipping documents, it will help. |
Speaking of Canada: Rock music producer Bob Ezrin (Pink Floyd, U2, Peter Gabriel, Deep Purple, Nine Inch Nails, Kiss, Rod Stewart, Lou Reed. You know, all my favorites
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Very important to keep shipping documentation when sending an item for repair. Just happened to me. I had purchased a tonearm from the UK. Was defective when I installed it. Returned it to the seller. It was the internal wiring. He had it fixed and shipped it back to me. customs had originally charged me duties and they charged the same duties on the item when it was shipped back. Luckily I had kept the shipping documentation (original, sending it back and receiving back). The shipping brokers and companies don't help the situation as they don't look at anything. |
Given CA's higher tax rate and wealthy residents. Taking into consideration how much federal money southern states use from CA and still always bad mouth California it would make sense for Canada to take control of CA, Oregan and Washington. Let those three states break off from the US and become Canadians. |
I have bounced in and out of Cali multiple times and am a current resident. I would like to relate a story of my experience with state finances I worked here in in early 90s as a young guy and paid little attention to things like taxes. Fast forward to me in Montana 2003. A tax bill that started small had turned into a little more. No problem, that was on me and I paid without complaint. To ensure it was settled I overpaid. Several weeks later I received a good job letter and a refund check. The letter, from the State Treasurer/Controller informed me that the check was in fact an IOU redeemable at the post date on the check which was in 6 months. As it was like 35 bucks I put it on the shop bulletin board with the letter. It was a great source of amusement. |
To be fair, that was money from the feds (us taxpayers) to be used by their Welfare office for the poor and disadvantaged. The woman who headed that department resigned in disgrace but Brett never had to pay for it. I guess that with all the federal assistance they get (for every $1.00 they pay in taxes, they get $2.34 back from the fed (again, us taxpayers) Brett thought he could weasel out some for him and his daughter. It’s so frigging weird how others complain so much about California and other blue states while they rely on their tax dollars to keep their heads above water. All the best,
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I went through this with California Franchise Tax also. Sent me a tax bill for two items purchased from individuals in Canada through Audiomart. I contacted the tax office via email (was contact info on letter I received) and submitted documentation. Straightforward and the tax was rescinded, though I did have to elevate the issue to a supervisor. Overall, not a big deal. The trouble was certainly worth living in the best state in the union. -GAR |
First, don't be a jerk or talk politics with the Customs agents. You seem to have a legitimate point. So explain it to the agent in a way that the agent can help you get what you want, and justify the decision to a supervisor. If you can go in-person with all your documents laid out in order, that might help. We are all humans, so be humane. Say thanks. |
@carlsbad2 Your welcome. Yes, the process is difficult. All regulations are difficult, not just customs. State regulations more so because their codification scheme is less user friendly and at times simply unintuitive. In my experience entry was blocked at port weeks to almost two months simply because the logistics firm did not complete paperwork properly or put incorrect codes on the bill of lading. I read the code and guidance similarly- you are in the clear from both a fed and state perspective. The burden of proof includes the original invoice or shipping documents proving duty paid on original entry, the original shipping paperwork on first entry (bill of lading), the return shipping paperwork from you to Grimm, the Grimm invoice showing warranty repair no charge, the shipping paperwork (bill of lading) you received when shipped back, and an attestation of no value added. I have listed the complete package. You may not need all of the documents The most critical are original sales invoice, the recent invoice showing warranty repair no charge, and an attestation of no value added. I believe you, as the personal owner and re-importer can self certify no value added but the guidance implies it is best from the foreign repair company (Grimm). Be aware of a push back by officials if you self certify using only the Grimm invoice as proof. To error on stating the obvious, sincerity is the key to success in any conversations with federal or state officials Yes, Grimm is excellent from both an audiophile and customer service/business perspective. Good luck again.
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I’m guessing there’s some form that allows you to explain your circumstances. Kinda like having to deal with selling things on PayPal. A couple of years ago I received a 1099. Long story short, after explaining to the IRS, that I was just getting rid of something at a loss, the 1099 went away. Best of luck Jerry. |
+1 @chenry is correct... You will need to show the item you sent and that was returned was not a purchase but was an item sent and returned for manufacturer's service. Grimm should have an invoice pro forma you can use. If you have your original purchase receipt showing the article with its purchase in state and the invoice, that should suffice. International returned goods not NOT pay import taxes twice. Be careful to document that the item that you imported was REPAIRED and was NOT a new-stock item! Custom's agents are not service techs. New and used box/item often look the same... If you get really stuck, and it is worth the time, you can visit your local Customs Office (get one with a service window) and request to speak with a Supervisor. (Hint - Supervisors often provide better service than the inspection officers - they deal with these issues more often.) Take your documentation, photographs, gear, etc. Be clear and simply state you are NOT an Importer, you are customer/end-user and that you sipped the item back for repair, and that CA has made a mistake - so you need this issue resolved so you can contact CA. You may get passed around a bit due to everyone's duty-schedules, so take a book to read... Once the returned-goods importation status is clarified - if CA does not quickly correct the error, you can call the constituent services office for your US Congress person - yes, they really do help... They are on your side and will give you additional instruction... It is easier than it may seem and should be very empowering. You may need this knowledge again...
-1 @audioman58 "Ca is the highest taxed state in the country..." This is a merchandise issue. You rhetoric is NOT true, but typical hyper-political misinformation/disinformation - and you know it! The facts... Overall, in 2025 CA has the 5th highest Income Tax rate (13.5%)" <Highest Taxed States 2025>.
Interestingly, Sales Tax is highest in the South - where I live. "The five states with the highest average combined state and local sales tax rates are Louisiana (10.12 percent), Tennessee (9.56 percent), Arkansas (9.46 percent), Washington (9.43 percent), and Alabama (9.43 percent). <2025 Sales Tax Rates by State | 2025 State and Local Sales Taxes>
Real Estate Tax: The states with the lowest property taxes are: 1. Hawaii -Average Effective Property Tax Rate: 0.29% 2. Alabama -Average Effective Property Tax Rate: 0.43% 3. Colorado - Average Effective Property Tax Rate: 0.52% 4. Nevada -Average Effective Property Tax Rate: 0.55% 5. Utah - Average Effective Property Tax Rate: 0.57% <Property Taxes By State 2024: Ranked Lowest to Highest>
Tax are a bit of shell-game (including sales, income, and real estate taxes). Pick you taxes, residents end-up spending about the same in most states. Stop with the politically motivated mud-slinging. Facts matter, BS doesn't... |
In 2019 I bought a corvette zr1 in California paid there 15k tax it was the only place in the country that had one left.the dealer and gm had huge rebates that covered that cost but I drove that car for a year with out registration because the dmv in my state was waiting for all the paperwork from California tax people.it took California more than a year for california to send my state thier portion of the taxes. I just kept the sales bill in the glov box proving my blood money was paid. It's a beautiful state my aunt live in Westwood near lA spent many high-school summers there and on the beach in the 70's.maybe I can go ride that multi billion light rail some day.enjoy the music and the journey.by the way going over donnor pass in the corvette was priceless. |
@audioman58 I can't diagree with you. Been here 44 years and watched it get worse and worse. there were some good years. I did consider leaving when I was younger but remember developing a roll of file with photos of beach, golf and snow skiing all on the same roll. Hard to beat that for location. Now I've been with the same company 44 years, have a great retirement coming, and have my kids in the area and they will visit the home they grew up in so long as I live here. Jerry |
@jsalerno277 Thanks for the link. Fortunately the work was warranty, no charge even though the unit is a few years old. Grimm stands behind it’s stuff. I think I’m in the clear if I can just find a way to get them the information. The website they sent me to is all about accepting tax payments and no way to submit documentation why you don’t owe. The value put on the form was $5000 (less than actual value) and they want just under $400. I thnk the path to exemption is purposely difficult and they are hoping that I'll just give up and pay it. Jerry |
No way to avoid the California state enfranchise tax board. Even if you are the second purchaser of the item and it was already paid tax on the first time, you still have to pay taxes on it again. If you buy something on eBay you have to pay taxes on it in California. Buying stuff on second hand forums such as audio gone or USA. Audio Mart fly under the radar unless it's with a dealer. You're lucky to escape paying taxes on state to state purchases, which sometimes can happen with states that have no taxes, but just be knowing you could get a surprise tax bill at any time. This is just not California thing. This is every state with a sales tax issue. We need more money for homelessness + for the never-ending bullet trade construction.....lol |
States pay for/receive data on imports from common carriers and customs so that they can levy sales and "use" taxes. You will need to show the item you sent and that was returned was not a purchase but was an item sent and returned for manufacturer's service. Grimm should have an invoice pro forma you can use.If you have your original purchase receipt showing the article with its purchase in state and the invoice, that should suffice. |
I believe the proper reference for articles previously imported, with respect to which the duty was paid upon such previous importation, exported for repair or modification, and reimported is guide 9801.00.26.00. Here is the link: https://hts.usitc.gov/search?query=9801.00.26.00 It is complex with time limits prescribed. The key in determine application of tariffs is whether there was value added modifications. The schedule chart (middle of the chart) indicates reimport is duty free if there was no value added modifications. If Grimm did not charge for the repair, there is no value added. You need to get Grimm to send you an attestation in the prescribed format and they need to state no value added even though it was updated as well as repaired. California law is more difficult to navigate. Maybe this applies: https://www.cdtfa.ca.gov/formspubs/pub108/nontaxable-charges.htm
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