This is getting ridicules, Long story-short. For years we had run the northeast and had always held a HUT certificate of registration that was paid quarterly on mileage run in that state. No problem, then NY had a couple of years where their program was going thru some changes, then the sticker on the front bumper was not going to be any good.
Basically, it became a PITA, about this same time we had a regular account of ours in N.Y. go out of business, so in 2010 and 2011 we decided to just go ahead and get 72 hr permits, that is, OR at least was suppose to be acceptable. A couple of weeks ago I get a notice in the mail from NY that says I owe them over 1300.00 for miles run in their state without a certificate of reg.
So we call them and explain that we do have a state permit for EVERY TRIP and EVERY MILE we ran for those years. In fact we send them copies of all of our permits matched up to the times they are penalizing us for. We figured that would take care of it, but NOOO.
They send me a letter back saying that I have to schedule a hearing IN NEW YORK, to appeal the charges, WTF, they have the PROOF right in front of them???
It will cost me about 3 days time, plus about 1000.00 round trip and motel, to dispute this, and then there is NO guarantee that they don't come up with some goofy court cost charge. I'm pissed, I just wonder, how many other trucking companies have received a letter like this and decide to just pay the fine?
Seems like a very "profitable" way to bolster the state treasury if you ask me.
What are your guys thoughts?
Thanks for letting me rant,
Stan
N.Y. State, License to STEAL!!!
Discussion in 'Trucking Industry Regulations' started by KANSAS TRANSIT, Jun 26, 2012.
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I'm confused. You paid IFTA and your trip permit for NYHUT WTH is the for?
Any chance of getting a local lawyer for cheaper? And people wonder why I don't mind turning in my keys every friday8) -
Yeah Tazz, it's a stupid tax call it ton-per-mile or Heavy vehicle use tax or whatever else you want, IT IS TRIPLICATE TAXATION. We have ALWAYS had NY on our IFTA AND OUR URC.
These taxes that all of these states are druming up WILL KILL the small operator if allowed to continue. I'll give you a good example, back in 1993 we ran equipment in every state just as we do today(used to also run Canada and Alaska but not since 2005)
Back then the cost to process my state and federal tax returns were about 3,500 a year, last year the cost to do all of my taxes was OVER 20,000. This DOES NOT include the cost of an additional FULL TIME office employee to track and record data.
The ONLY thing that has really changed over the years has been all of the states that now have their hand out and what a mix of Ad Volerm, Property Tax, NEXXUS Tax, over the road tax, and a couple of others that slip my mind right now.
Even thou we OWE very little or NO tax to these states, we still have to pay to fill out all of the forms and schedules and track all of the numbers.
In 1993 I think we filed state income tax in my home state and two others, last year we had to file state income tax in almost 20 states and my accountant said next year it WILL go up.
Stanscottied67 Thanks this. -
Like I said #### glad to go home on the weekends.All those states like Jersey charging a tax if you deliver in there state, and I saw a thread about Kansas(?) Sending out tax notices to people that weren't even plated for there any more. I know we have three people and software to track all our use.I don't miss the days like when I first came out writing mileages at every border. When I ran my own truck I was just Fl,Ga,Al.
No chance of telling NY pound sand and just not go there?? Just thought as screwdd up as it would be a local lawyer might be cheaper in the long run than three days and the plane ticket. -
Thanks for the reply, I have a call into the supposed head of the dept. we'll see iF they get back to me.
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They send me a quarterly letter and I have to fill it out even if I DON'T run in NY, and I'm not even registered there. That's why I don't run NY.......
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You could tell them that unless they take the fees off that you will file a lawsuit against them. If they then don't take the fees off the follow through and ask for damages for your time away from work, travel expenses and harrassment. I see no need for you to have to waste time and spend money to defend something that they have proof in their hands. Hopefully, you can get them to resolve it without having to take a trip to New York. If not, then I would follow through. It needs to be expensive for them. If nothing else, if you do file suite they will need to spend their money to defend themselves. You could also threaten to sue the head of the department or individuals whom you have spoken with you continue to stonewall you. This is nothing more than a shakedown. They believe that if they take this tact that most will just pay the fine rather than come and fight. If more would take the time to fight them they might stop doing this sort of thing.
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You need to file the quarterly tax returns too!
Did they send them w/ the notice? I know the one page of the notice shows the tax, penalty & interest that equals the amount of the assesment you received, in other words how much they think you owe. Without the tax returns the copies of the trip permits won't do squat.
Mine came from their audit of our IFTA reporting.
They charged all the miles at the heaviest weight possible and wanted over $1200.00.
I filed the tax returns showing most of the mileage in NY is our little box trucks running out to the airport for air freight.
They recalculated it down to around $200.00 -
Can someone enlighten me on this please. You don't add a state to your IFTA>you either travel through it or you don't. Do you by chance mean your IRP registration?
What else is required in NY besides your URC Registration, your IFTA and NY being on your IRP registration? -
ralph Thanks this.
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