[pianotech] Proposed California Sales Tax on Furniture Repair

Kendall Ross Bean kenbean at pacbell.net
Wed Nov 19 13:16:56 PST 2008


Whoever said pianos were furniture?   ;-)
 
(Perhaps if one wanted to be on the safe side one could hedge one's bets and
set aside (or collect) half the tax, since some apparently consider pianos
both furniture AND musical instrument!) Maybe PSO's could command a higher
percentage of repair tax, Steinways almost nothing...
 
Let's propose, like Solomon, to divide the child, and see who really cares
about it the most...
 ;-) .
 
As an interested party, I agree with both Conrad, and David Ilvedson. I
don't think we repair furniture, but musical instruments. Is a pipe organ a
piece of furniture? How about some other large instruments, such as harps
(very ornate), or orchestrions? Or marimbas, tympani, or pedal guitars? How
about a guitar? A trumpet or an autoharp? Where do you draw the line? I
guess a lot could depend on how you use it.  In that case, as Conrad
implies, PSO's could be furniture.
 
Really, I agree with Paul Bruesch,  that someone should check it out and
find out what's what before we get into endless speculation or start
anticipating/dreading the worst case scenario. Does Randy Potter have a
point that we are "Musical Instrument Repair" --as opposed to "Furniture
repair"? Is that a federal guideline that could trump a state guideline? Is
that possible?
 
For example, if you asked someone at the tax office if musical instruments
were furniture, they might initially think of a trumpet and say no. But
then, like us, they might think of a piano and wonder if they should say
yes. Or they might draw a line somewhere. Like I say, I think you would be
hard pressed to consider a trumpet or a guitar furniture. And what about
electronic keyboards? Is a Casio portable keyboard furniture? I think not.
So what is it that makes a piano furniture, if it is?
 
By the way, if you contact the IRS or the California State Board of
Equalization (I've always wondered why that name/euphemism for a tax
collection agency), it's not enough to get an oral response or
determination. It has to be in writing. Employees might say anything that
can be later disavowed by their supervisors.
 
I guess we need to find out what the State of California defines as
furniture for tax purposes.
 
(And then, as an interested party/organization, get an exception: if they
aren't already, we need to legislate to get pianos defined as musical
instruments, and not furniture!  ;-)  )
 
Often, to avoid having to spend time and money quibbling about fine lines
(the Casio portable keyboard vs. the Steinway in the living room) government
agencies will make a blanket determination and simply say, "okay, all pianos
are musical instruments." -Especially if there is not that much potential
tax income from us piano people for them to have to spend time and money
collecting anyway.
 
There are so many other possible loopholes. Is tuning considered repair?
What about if you repair the musical portion but not the cosmetic portion of
the instrument?
 
If you clean the keys on a piano, are you repairing it?
 
The law relies on definitions. Of course, the law also seems to reserve the
right to define things (according to interested parties and their needs).
 
We are an interested party, so we should also have the right to define
things.
 
And at a certain point, its up to the courts, if people can't agree on
definitions.
 
~Kendall Ross Bean
 
PianoFinders
 
 
(David Ilvedson wrote:)
 
I don't fix furniture...so it must not apply to me...
 
David Ilvedson, RPT
Pacifica, CA 94044

(Conrad H. wrote:)
Hmmmmmmmm

A PSO tax?

"Yes, Ma'am. I have to add the furniture repair tax to the tuning of your
Grand/Winter/Gulbransen, etc. Spinet."

;-}

-- 

anOn


  _____  

From: David Love [mailto:davidlovepianos at comcast.net] 
Sent: Tuesday, November 18, 2008 7:27 PM
To: 'David Ilvedson'; pianotech at ptg.org
Subject: Re: [pianotech] Proposed California Sales Tax on Furniture Repair



There is a potential liability to that approach.  If the tax applies you may
be held liable for the amounts you should have collected.  The law isn't
that forgiving about ignorance.  Of course, if you are never audited, it
isn't an issue.  If you are, you may be out a significant chunk of change.

 

From: pianotech-bounces at ptg.org [mailto:pianotech-bounces at ptg.org] On Behalf
Of David Ilvedson
Sent: Tuesday, November 18, 2008 6:12 PM
To: pianotech at ptg.org
Subject: Re: [pianotech] Proposed California Sales Tax on Furniture Repair

 

I think it behooves us to ignore this proposal until someone from the State
concretely says to charge the sales tax on piano service...

 

David Ilvedson, RPT
Pacifica, CA 94044

  _____  

Original message
From: "David Love"  
To:  
Received: 11/18/2008 4:23:42 PM
Subject: Re: [pianotech] Proposed California Sales Tax on Furniture Repair

I hope you are right.  I'll try and check into it.

 

From: pianotech-bounces at ptg.org [mailto:pianotech-bounces at ptg.org] On Behalf
Of paul bruesch
Sent: Tuesday, November 18, 2008 3:07 PM
To: pianotech at ptg.org
Subject: Re: [pianotech] Proposed California Sales Tax on Furniture Repair

 

Not to add to all the speculation here.... but I recall something from Randy
Potter's seminar about our being "Musical Instrument Repair" (as opposed to
"furniture repair") people. Of course, this was a federal thing, and I don't
recall any more specifically what we were discussing at the time. Besides,
we're all just guessing here... I really feel that someone in CA should
probably contact an accountant, CPA, or tax attorney for a somewhat more
definitive answer.

 

Paul Bruesch

Stillwater, MN

On Tue, Nov 18, 2008 at 4:11 PM, David Love <davidlovepianos at comcast.net>
wrote:

I believe pianos do fall under furniture repair.  

 

From: pianotech-bounces at ptg.org [mailto:pianotech-bounces at ptg.org] On Behalf
Of David Ilvedson
Sent: Tuesday, November 18, 2008 11:11 AM
To: pianotech at ptg.org
Subject: Re: [pianotech] Proposed California Sales Tax on Furniture Repair

 

Broadening the Sales and Use Tax to Include Certain Services: Effective
February 1, 2009, the sales and use tax rate will be applied to appliance
and furniture repair, vehicle repair, golf, and veterinarian services.
Effective March 1, 2009, the sales and use tax rate will be applied to
amusement parks and sporting events. This is expected to generate additional
General Fund sales tax
revenue of $357 million in 2008-09.

 

David Ilvedson, RPT
Pacifica, CA 94044

  _____  

Original message
From: "David Love"  
To:  
Received: 11/18/2008 8:11:51 AM
Subject: [pianotech] Proposed California Sales Tax on Furniture Repair

California techs.  Does anyone know if the current proposal by our
governator to impose sales tax on furniture repair include us?  

 

David Love

www.davidlovepianos.com <http://www.davidlovepianos.com/> 

 

 

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