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I bought a used car from a licensed dealership for $2700.

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They prepared the paperwork as...
I bought a used car from a licensed dealership for $2700. They prepared the paperwork as if the car cost only $1000 so that I could pay a little less in sales taxes. A few days later the car was having problems and they refused to fix it. I made a complaint with the DMV who regulates car dealerships. The owner of the delaership now calls me to tell me that he reported me to the DMV for not paying taxes on the full price of the car which was $2700 (I used my credit card). Can I get in trouble for this? I don't care if I have to pay the difference in taxes, I'm just afraid I will go to jail or pay a huge fine. I'm in NY.
Submitted: 4 months ago.Category: Consumer Protection Law
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7/13/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6,032
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. One moment while I review your question...

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In this case, you and the other party agreed to the $1,000 for them to fix the vehicle. If they did not fix the vehicle, then they must repair it or suffer the consequences of a breach of contract lawsuit. Whether they did it to help reduce your tax burden is irrelevant. They could have done it because it was sunny outside or because your car was red. Regardless, you will not be held liable for their actions. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 4 months ago
I'm afraid my question was not clear. The sold me a car for $2700 which I paid using my credit card. The required paperwork that they prepared which was needed to register the car with the DMV stated that the price of the car was $1000 (this was done so that I only pay sales taxes on $1000 and not on $2700). DMV only collected taxes on $1000 bu the true sale was $2700. In other words I lied on the paperwork stating that I paid 1000 whn I actually paid 2700. This statement was on the form that I sign where the price of the car is stated "– I certify that the above statements are true and complete; and I make these statements with
the knowledge that willfully issuing a false or fraudulent statement with the intent to evade tax is a misdemeanor under Tax Law
section 1817(b), and Penal Law section 210.45, punishable by a fine up to $10,000 for an individual and $20,000 for a corporation."
Customer reply replied 4 months ago
Am I in big trouble?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hi, one second, let me review your latest post:-)

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Still reviewing...

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Ok, I can see what you mean. This changes things just a bit. If you underreported what you paid for the vehicle, it is entirely possible that you would be liable under the penal code for making a false statement in connection with your taxes. Ordinarily, you won't receive jail time and oftentimes, the only punishment is that you have to pay back the difference that you would have originally owed.

One thing that you may want to consider is just saving some of the money to help pay for those taxes. Keep in mind though to that what this other party is doing seems like it's extortion. Extortion generally is requiring a performance under the threat of legal action. So, I would not let them try to bully you based on that because they are not allowed to say that they're going to threaten to turn you in if they don't do something that they were bound to do in the contract in the first place. My desk recommendation would be to call their Bluff. Keep in mind that if you get in trouble they would get in trouble as well. This is not something that they would want to get themselves involved in.

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