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Report: #382555

Complaint Review: Walmart Store# 4332 On Turkey Lake Drive In Orlando - Orlando Florida

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  • Reported By: Orlando Florida
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  • Walmart Store# 4332 On Turkey Lake Drive In Orlando 8990 Turkey Lake Road Orlando, Florida U.S.A.

Walmart Store# 4332 On Turkey Lake Drive In Orlando Explosive Propane prices Walmart charging 10% tax on propane tank exchange (orange county tax is 6.5%) Orlando Florida

*Consumer Comment: Tax is not a Sales Tax but a Public Service Tax

*General Comment: Bogus Sales Tax

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I was at the Walmart on Turkey Lake road today to exchange my empty propane tank for a full propane tank.

The sign out front said 17.82 with exchange.
I took in my old tank to show them I had an exchange. The cashier acknowledged my exchange and said she would walk out with me to exchange tank momentarily.
She rang me up and the total was 19.60. No big deal I was thinking, probably tax on the propane tank. She rang the next customer up and then escorted me out to the exchange area.

We exchanged the old cylinder for the new cylinder. I thanked her and then I left. Before I even got out of the parking lot I started thinking, wait a minute
17.82 times 6.5% does not equal 19.60 something is wrong.
I then stopped in the parking lot and double checked the receipt which I still had/have.

The receipt showed a tax 11 marking @ 10% = 1.78 tax. Again not a big deal maybe 50 or 60 cents over charge.
I went back to the garden center where I purchased the item and was told to go into the main store to Customer Service.

I did as instructed and after waiting in line for 15 minutes I was told that I would have to speak to a Customer Service Manager. The Customer Service Manager sort of looked bewildered as to what to do, so she finally went to the Assistant Store Manager to ask and the Assistant Store Manager told her to explain to me that they had no control over the tax amount of an item and that as long as the item price rang up correctly that there was nothing they could do. I explained to the Customer Service Manager that simply would not suffice and to please call an Assistant Store Manager to speak to me in person.

An Assistant Store Manager was called to the front desk area. Again I did as instructed and waited and 27 minutes later the same Assistant Store Manager appeared upfront. I explained to her that as far as I knew the Orange County Florida tax percentage was 6.5% and that 10% that I was being charged was excessive by 3.5% and quite frankly was illegal. Again I was told they had no control over what amount of tax I was charged. She stated that she had no idea what LP exchange even was, so I explained to her that I had exchanged a gas grill propane tank for a refilled unit. She said oh thats why the tax was 10%. I again repeated no I think you are incorrect and the most I should be charged was 6.5%.
I went back to the garden center and was just going to return the propane tank and was told I would have to go back to the Customer Service desk for a refund which then had a 12 person line so I left.

I called Home Depot and they said there is no tax at all on an exchange at the Home Depot. Lowes said the same thing. So now I was thinking how many others have been charged 10% tax on propane exchange or for that matter should there be a tax charge at all.

What other tax tables are incorrect at that store that does an estimated 80+ million a year.

Ben
Orlando, Florida
U.S.A.

This report was posted on Ripoff Report on 10/18/2008 03:20 PM and is a permanent record located here: https://www.ripoffreport.com/reports/walmart-store-4332-on-turkey-lake-drive-in-orlando/orlando-florida-32819/walmart-store-4332-on-turkey-lake-drive-in-orlando-explosive-propane-prices-walmart-charg-382555. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#2 Consumer Comment

Tax is not a Sales Tax but a Public Service Tax

AUTHOR: Abe - ()

POSTED: Tuesday, September 09, 2014

I was recently charged a 10% tax on 16.4 oz Propane Cylinders purchased at Sam's Club in Pinellas Park, FL.  I contacted Sam's Club and was told that it was not sales tax but was collected on behalf of the city of Pinellas Park.  I contacted the City and was told that it was in fact a Public Service Tax and told the following:

=============================================================================

Doug Lewis asked me to respond to your original email about the utility tax on LP gas.  It clearly indicates in our ordinance Chapter 7 that this gas is to be taxed either on metered or bottled.  Cylinders are metered when they are filled.  They could also be considered bottled obviously not in the conventional sense such as a bottle of coke.  Gas or LP cylinders have been taxed in the State of Florida for many years.  In addition, the City's ordinance is based on Florida Statute 166.231.

Sincerely,
 
Dan C. Katsiyiannis, CPA
O.M.B. Admin.    
=============================================================================
I checked out the State code and found the follwoing:
 
166.231 Municipalities; public service tax.
(1)(a) A municipality may levy a tax on the purchase of electricity, metered natural gas, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service. Except for those municipalities in which paragraph (c) applies, the tax shall be levied only upon purchases within the municipality and shall not exceed 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of such service. Municipalities imposing a tax on the purchase of cable television service as of May 4, 1977, may continue to levy such tax to the extent necessary to meet all obligations to or for the benefit of holders of bonds or certificates which were issued prior to May 4, 1977. Purchase of electricity means the purchase of electric power by a person who will consume it within the municipality.
============================================================================
 
My conclusion is that charging the Public Service Tax is legitimate, while I personally believe that it is way too high, it is authorized by the State of Florida.
 

 

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#1 General Comment

Bogus Sales Tax

AUTHOR: lesle - (United States of America)

POSTED: Friday, February 12, 2010

In Florida, in February 2010, for 15 pounds, I paid $19.60 at Walmart and later $18.47 at Home Depot.

The Walmart price includes a 10% tax.  Sales tax in this county, Leon (Tallahassee), is 7.5%.  Home Depot charged NO tax.

I called the Florida Department of Revenue.  Propane for home heating and cooking is exempt from sales tax.  The "Tax Specialist" I talked to said that Walmart needed to be "educated".

Educated my a*s!  Walmart needs to stop charging 10% tax AND account for all the money they've collected.

I'll not be going to Walmart for propane any more.

The specific language granting the sales tax exemption is in: Florida Administrative Code 12A-1.059(1)(a) and (b).

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