Legal Question in Tax Law in Massachusetts

Sales Tax

I purchased and took delivery of a car in Massachusetts. The dealer

accepted 6% sales tax detailed in bill of sale and purchase. Also took fees

for documentary preparation and title and registration fees. This was 6%

sales tax rate as the vehicle had to be registered in Florida. Legally 5%

should have been paid to Mass and 1% to Florida, however the entire 6%

was paid to Florida. This would have been appropriate, only of I had taken

delivery of the vehicle in Florida. Being that the dealer took the sales tax

and distributed it, on my behalf, did they have an obligation to do so

according to the law? When presented with this the RMV refuses to

register my car only when I have paid Mass 5% sales tax in addition to

interest and penalties. Can I recoup these costs from the dealer, perhaps

via small claims court?


Asked on 1/26/09, 3:24 pm

1 Answer from Attorneys

Re: Sales Tax

Yes you should be able to recover the fees from the dealer in small claims court. Problem is getting jurisdiction in FL if that is where you live. If you can sue in MA, there is no problem.

I do not know the amount of the tax and penalties, but you should make sure the amount is not more than the small claims jurisdictional amount.

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Answered on 1/26/09, 3:30 pm


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