Can I legally be doubled taxed on sale of a product?

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lsargent

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This is more of a sales tax/ecommerce related question.

I have a monthly cell phone plan with a carrier that runs 54.99/mo. With taxes & surcharges it takes me to $62.66. If I elect to automate my monthly payment, this is all I pay.

Similarly, if I did not have a monthly plan and purchased minuted via a retailer or online, I would be charged a 7% sales tax for my state. Seems pretty normal right?

My issue is that I elect to NOT have my payment withdrawn automatically. This protects me in case I may be short on funds that need to be allocated to another expense. I prefer to have the flexibility of risking my service interrupting if I need to wait 24 hours to make payment for example.

The carrier's system auto-generates my acct balance required to continue service to include these taxes and surcharges totaling $62.66. There only option to cover this balance is their "top up" payment protocol. This "traditionally" would be used for someone who is not on a monthly plan and needs to add minutes, thus a sales tax would be applied to their purchase balance.

My issue is that I'm being doubled taxed. I'm required to enter a top up amount equal to my acct balance. Thus I'm being charged a 7% sales tax on $62.66 which already includes taxes & surcharges applied to my monthly plan. So I end up paying $67.05 when it's all said and done.

Their payment system obviously cannot differentiate between a monthly plan customer vs. a non-monthly plan customer as I'm not buying $62.66 worth of minutes to render this additional tax.

I'm no legal expert, but I can't seem the legitimacy of taxing tax. If they were administering a service or "merchant fee" to process the payment, this would be different, but it is no the case.

Can they do this? Is it legal?
 
You can also contact the taxing authority in the State of Indiana.
They can assist you with overages when it comes to sales taxes.

This a link to their website:


http://www.in.gov/dor/index.htm
 
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