There are only two things that are absolutely certain in
this world, death and taxes. If you own a small business, if the first of these
is far from your thoughts, the second certainly is not. We all know that if you
charge sales tax on your merchandise, you are a de facto tax collector for the
state and, sometimes, county and local government where you do business. You
are given a tax rate, 10.25% in Chicago,
for example, and you have to pay that amount on your sales. You, in turn, pass
that along to your customers. They pay you the tax and then, at an appointed
time, you pay the government.
Ever wonder what would happen if you don’t pay up?
There are a lot of businesses out there that are running on
empty. Revenues are down, costs are rising, the banks won’t lend and these
honest, hardworking folks are at their wits end trying to keep the doors open.
They need cash desperately so many of them miss making those tax payments, hoping
that they can pay late, or catch up with a payment plan just to get over the
hump.
Is that you? Are you thinking about that being you, about
putting off that tax payment to make it over the hump and then catching up with
the payments?
Yes, the recession is terrible and every time one of the
government’s stable of Keynesian whiz-kids sees “green shoots” or “light at the
end of the tunnel” or shapes in the tea leaves or signs in the donkey’s
entrails—whatever their method of divination this week—the recession comes in
with a back-hand lick to remind us that it’s not over yet. We know this, and we
know that the money could mean the difference between staying in business and
closing your doors for good. It’s a sore temptation, but still, if it is you, I
have five words of advice: Don’t even think about it.
I say this after reading an article on the Providence
Journal website entitled, “1,200
R.I. businesses face closure over sales tax”. The upshot of the piece is
summed up by one of the business owners standing in line to meet with a tax
official. The man, Desmond Clark, owns a small video-game store in
North Providence. He has been trying for months to negotiate a payment plan that would
allow him to keep current on owed taxes, while staying afloat in a tough
economy. “They didn’t want to hear it. They didn’t want any payment plan
whatsoever,” said Clark.
If you owe taxes because you need the money to
stay in business, the state will put you out of business. They will give you
notice, of course, but in the end, if you don’t pay, you will be told that your
business license or whatever official credentials you need to do business will
not be renewed and that will be the end of it. You will be out of business.
Another business owner in that tax line put it this way:
“Yes, the rules state that we have a responsibility to pay
our bills every quarter. But when your customers come in and they don’t pay you
for a month, and then another month, and another month, businesses have no
choice [in] the eyes of the state but to close up and get out.”
That, at least, is the idea in
Rhode Island
and, I would suspect, in many other states as well. They
want that money and they are more than willing to put you out of business to
get it. Does that attitude make sense? From the point of view of business
growth, employment, and prosperity no it does not make any sense. From the more
myopic point of view of funding government, it makes perfect sense, especially
if they believe that another business will spring up after yours has been
shuttered for non-payment of taxes. It also makes sense if the government
simply looks at you as a deadbeat, rather than a business owner caught in a
terrible squeeze between them and customers who cannot pay, someone they can
help.
That, of course, is your problem,
not theirs, and helping is hard, takes thought and effort and money. Like
Desmond Clark said, they don’t want to hear it.
So, what can you do? As I said earlier, don’t even think
about it. You may get over this hump, but what about the next one? On top of
that, you would be putting your business at terrible risk by trying to save it
in this way. You will need to cut costs in other ways and make sure you have
good, clear records. However, if you do find yourself in hot water, even if its
just a bit warm at the moment, don’t wait for it to begin boiling, get ahead of
the taxman and request a meeting and learn what your options are. That way, you
can make a calm, educated decision before the crisis hits. You may even be able
to avert it altogether. Also, don’t go to this meeting alone. Have your
attorney or tax professional go with you. They have knowledge and training that
will help get you when discussing the matter with the tax authority.
Even though you do not benefit in any way from collecting
these taxes, it is still your responsibility and the government takes that very
seriously. Make sure that you do, too.
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