Telebrands CA Sales Tax Overcharge, S&H Overcharge Visalia, California

I just wanted to let you know that Pampered Chef taxes their shipping. I am an Independent Consultant for them in Indianapolis, IN and that's how it works for me. My invoices make me add the shipping charges and includes it in the total before taxing it. Not sure if it's right, but I can't do it any other way. Just wanted to let you know that I think taxing shipping is actually pretty common.

The company I work with almost alwase gets the sales tax right... however, when we do get it wrong we try to make it right.  We will either issue a refund for the difference if it's in our favor - if it's in the customer's favor we just eat the difference.

Thank's to our wonderful State Representatives, it MAY be taxable.

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This is actually a question on the CA Board of Equalization web site

Q:Are delivery and handling charges taxable?

A:

Delivery charges.

You have the property delivered directly to your customer using a common carrier, the U.S. Mail, or an independent contractor Tax does not apply to the delivery charges under these conditions if the charges are clearly stated as a separate entry on the invoice or other bill of sale. If the delivery charges are not stated separately, they are taxable.

Example. You sell a refrigerator and have it delivered by an independent contract carrier. On the invoice, you show a $750 charge for the refrigerator plus a separately stated $50 charge for delivery (the amount charged you by the carrier). Since the delivery charge is stated separately, tax applies only to the charge of the refrigerator ($750). If the invoice had shown a single charge of $800, tax would apply to the entire amount.

Note: If you charge more for delivery than your actual costs, the added amount is subject to tax. In the example above, if you had charged your customer $60 for delivery, but your actual delivery cost was $50 (the amount charged by the independent contract carrier), tax would apply to the additional $10 charge. You use your vehicle to make the delivery Tax applies to the delivery charges if you use your own vehicle, whether or not those charges are separately stated on the invoice.

Example. You sell a refrigerator and deliver it to your customer using your own vehicle. On the invoice, you show a $750 charge for the refrigerator plus a separately stated $50 charge for delivery. Tax applies both to the delivery charge and the charge for the refrigerator. Note: Tax does not apply to delivery charges using your own vehicle if there is a written contract of sale, signed before delivery, that transfers ownership of the property to the purchaser prior to delivery.

Handling charges.

Handling charges are generally taxable.

Combined charges.

If you charge a single amount for delivery and handling (for example, the invoice shows a single amount for "postage and handling" or "shipping and handling"), the portion of the charge that represents handling is generally taxable, while the portion that represents delivery may or may not be taxable.

Note: It is important to use terms such as "delivery," "shipping," or "postage" on the invoice to represent delivery charges. A separately stated charge that says only "handling", for example, is not considered a delivery charge and the entire handling charge is taxable--even if postage or shipment charges are indicated on the package.

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Having had to deal with Sales Tax regulations with various States, I can tell you that they are very complicated.  As you may see because this is only 1 State.  I am pretty sure that if you read through the conditions you will find that based on what they did it is probably correct.  I am also pretty sure that the people that did the calcuations in the system know a bit more than the CSR.  So perhaps you should have taken the $5 credit.  However, even if it was a mistake they are not keeping the money.  It is going to the State of CA.