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LegalEagle1, Attorney
Category: Legal
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Experience:  Practicing attorney licensed for over 25 years.
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Can a person under pay the sales tax because the selling price

Customer Question

Can a person under pay the sales tax because the selling price was wrong and go back the next day and correct it and not get into trouble?
Submitted: 4 years ago.
Category: Legal
Expert:  LegalEagle1 replied 4 years ago.
Hello and welcome to JustAnswer.

Can you provide detail as to what your question is so I provide with relevant information. Sales tax base upon the selling price of an item. Are you saying someone miscalulated the sales tax?
Customer: replied 4 years ago.

I went into dmv and put a lower selling price than what I purchased the boat for. I was wondering if i can go back in and give the dmv the right price and pay the proper sales tax without getting into trouble. Cal has a CA 22 form that has a section where you can do it but I am afraid I will get into trouble

Expert:  LegalEagle1 replied 4 years ago.

I have tried to locate that form online and have not been able to. If you know where I can find it let me know. If not, can you tell me if it contained an acknowledgment on your part where you attest to the truthfulness or accuracy of the contents of the form? I believe it does, but I want to make certain before providing you an answer.

Customer: replied 4 years ago.
Customer: replied 4 years ago.


Expert:  LegalEagle1 replied 4 years ago.
Thank you for that additional information.

As you know then 22.085 requires you to submit a statement containing correct vehicle value/purchase price, date the vehicle was purchased/acquired, and that [you] provided incorrect information when originally registering the vehicle.

The concern I have is will they use your admission to prosecute you for submitting a false document. While they most certainly can it seems that 22.085 is a voluntary mechanism whereby they want people to correct mistakes and voluntarily comply with the law. I could not find any published decisions that reference that procedure. If prosecutions were frequently occurring where people used 22.085 to correct mistakes I would expect to find court decisions involving it.

If you wait until the they may discover the under reporting and come to question you about it, it may too late to prevent a criminal investigation and, perhaps, even a criminal prosecution.

If you want to know if your local office has a specific policy regarding prosecuting these cases, you should consult with local tax and criminal lawyer in your area. He would be able to best answer your question.

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Expert:  LegalEagle1 replied 4 years ago.
I enjoyed answering your question a few days ago regarding correcting the sales tax report. I just wanted to contact you to see if you needed any further assistance.

Also if you have not yet rated my answer, please do so. This the way I receive credit for my work.