Because I believe this is a very important issue not just for shops but for the states we work in. I have posted this in a few places for a reason. Testing. my own personal test. Without violating any rules of this forum, no price fixing, no market allocation, no collusion, or boycotting, no personal attacks, ah anything else AGRR? I put allot of thought here and didn't want this to go for naught. How many have chatted with their state dept of revenue on these issues? AGRR maybe a great story, you want a HOT topic? call me, you know who I am. PLEASE DON"T BAN ME FOR THIS. IF THIS IS A PROBLEM FOR YOU CALL ME FIRST PLEASE!

Real good topic here. I have more than once called my stated Dept of Revenue and ask about this. FLAT OUT the shop IS responsible for tax on the materials. Mn does Not tax labor for repairs to vehicles. It used to be all labor was not taxable but some of the state laws have changed a bit. BUT NOT TAX ON MATERIALS for auto glass.

Harmon a few years ago was hand slapped and told to cease and desist. They did. Alliance Solutions AKA SGC, still sends worthless work orders out that state "WE MUST NOT INCLUDE SALES TAX AND THIS IS A SALE FOR RE-SALE". WRONG. the shops are and will liable for all sales tax on the materials on the itemized invoice.

Fortunately for me I ignore alliance work orders because my state dept of rev has told me it is not valid. Plus as I am not a network slave I already know what it is worth.

I haven't chatted with my State Dept of rev for awhile, so I must be overdue in making a few more contacts.

As far as short pays go, the state says we are responsible for what we bill. So when any network or INS CO short pays, they have to itemize just as we do, exactly what they are doing. When they alter the materials and tax, the state has told me directly "that is fraud, they can not do that".

I know some shops here pay sales tax based on what they get paid, then when they re- coup losses in Arbitration they amend and send in the difference for the sales tax. I would think so long as you keep your records perfect all ok, so long as you pay the tax as you collect it, but I know the state prefers the shop to pay tax on what is billed out. YUP HOW CONVENIENT FOR THEM. As long as they get there's it is your problem. hmmm I just don't want the booking nightmare in bookkeeping so I pay my sale tax based on what I charge. It has worked very well and simple. But only because I have not failed to collect on short pays. MANY,short pays, and lately even I am getting supplement payments before arbitration filing which makes good sense, because it saves the INS CO allot of money. Just got 1 today,, thank you.

Smiley, the amount of lost sales tax since the last re-balance is astronomical. I have not seen my short pays in half of what I charge, because I charge a very fair and reasonable amount. The average short is in a certain range, and in being very careful and respectful to this forum I will not post that number. But it is very interesting just how consistent the short pays from certain tpa's and certain Ins co's really are.

Lastly the closer states look at this a very interesting thing happens. They are very interested at first, but as a little time goes on and we dig a bit deeper, it suddenly, and sometimes quickly, gets swept under the rug.Hmmm From there 1 needs to form their own conclusion. A couple scenarios come to mind, But they make me scratch my head and go WHAT?

Don't be intimidated to chat with your state dept of rev to what they think about this stuff, it might surprise you, and just maybe inspire you.........JMHNLO as a good friend of mine has told me many times "connect the dots"...FOOD FOR THOUGHT!

(Since this is your post, you have 55 minutes remaining to Edit or Delete)

I'm not sure how it works in your state, but in AZ when it's a "Sale for Resale" you're supposed to get a form 5000A Resale Certificate from the company responsible for the sales taxes. Alliance / HSG / etc. should have provided this to you upon request, assuming MN has such a form. This form will have their state sales tax number (in AZ we call it a TPT - Transaction Privilege Tax number). They are supposed to use their sales tax number to report any sales taxes.

BUT...the definition of "resell" is to sell something someone has bought to someone else. So...if they are buying the materials from you who are they reselling it to?

Hmmm...Why would the Safelite / Alliance / HSG pay sales taxes on materials out of their own pocket? Unless, they are reselling the materials with a sales tax charge to the insurance companies they bill and having the insurance companies foot the bill for the sales taxes. Or, maybe their not paying sales taxes at all? Hmmm...if they gave you that "Resale Certificate" that sounds like fraud.

BUT...going back to the "resell" thing...Alliance is basically telling you that they are your customer, not the insured. Someone used to always say..."WHO IS YOUR CUSTOMER"... In this scenario, it appears to be the TPA, the Insurance company is the TPA's customer and the final "end user" as they are the ones apparently paying the sales taxes. The insured is completely cut out of this.

Unless the insurance company has invoked a right to repair (They never do) the policyholder is the customer. The insurance company pays the bill including the sales tax on behalf of their insured.

Even if the insurance company invokes the right to repair, the policyholder still has the right to choose what shop does the repair according to our state law.