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tkdslr

join:2004-04-24
Pompano Beach, FL
Reviews:
·T-Mobile US

Speakeasy jumping the GUN.. State and local Taxes again.

I just noticed that my latest invoice jumped in price by almost 4$.

It includes a number of taxes the Federal government waived via public 108-435... titled

"SEC. 2. FOUR-YEAR EXTENSION OF INTERNET TAX MORATORIUM."

relevant section..

`(a) MORATORIUM- No State or political subdivision thereof may impose any of the following taxes during the period beginning November 1, 2003, and ending November 1, 2007: `(1) Taxes on Internet access."

I successfully disputed those charges back in early 2006. This event occurred after I had switched to speakeasy(from another DSL provider) and notice these erroneous billings.

The wavier of Florida/local DSL taxes was eliminated Nov 1, 2005.

But.. they're now back.. three months early.
I just open'd a new ticket disputing these charges..

Note to other Speakeasy customers.
Texas (1st state to tax the internet access) had a special exemption under Public law 108-435. But the other states did not. If you've been charged these state and local taxes, then you're owed a refund back dating to either Nov 1, 2003 or Nov 1, 2005.



Michieru2
zzz zzz zzz
Premium
join:2005-01-28
Miami, FL
Can you be more detailed in regards to the taxes you are referring too because I am a bit lost here.

Here is a photo showin my bill, please tell me if I am being charged what you stated.
--
Duct tape, saving lives since 1942.

tkdslr

join:2004-04-24
Pompano Beach, FL
Reviews:
·T-Mobile US

1 recommendation

The line items designated with a (g) are bogus and you are due a refund on all monies collected since Nov 1, 2005.

Since 2001 under Florida law, neither Covad, nor Speakeasy are considered to be utilities for Gross receipt, or utility taxes. Those terms only apply to GAS, and ELECTRIC utilities.

Likewise communications tax only applies to services provided to a consumer, (not a reseller), for nearly anything other than providing "internet access"..Cable TV, DBS Sat, Fax, phone, cell phone, alarm, etc.

Lastly, Federal law (public law 108-435) currently prevails when it comes to providing "internet access" (no taxes) for now. (That law sunset's in ~3.5 months, unless congress & White-house renews it.)


knightmb
Everybody Lies

join:2003-12-01
Franklin, TN
reply to tkdslr

Speakeasy Bill
Here's mine for reference.
It's been the same for 2 years now, hasn't changed by one penny. Yet.....


Eagle 1

join:2000-11-30
Rocky River, OH
Yea, here's mine


spkanon

@speakeasy.net
reply to tkdslr
The billing for our services is a fairly complex issue, but the short answer here is that any taxes that appear on invoices from us are only what are passed on to us. We issue or control no actual taxes of our own, and if they are appearing on your invoice, it's only because the taxing entity listed on the invoice has assessed us that tax.

Hope that helps.


bhan261

join:2001-02-12
New York, NY
If you're going to make statements about what SE does and the legality of it, perhaps you should register and use your real name so that we could engage in a dialogue.

But then again, when has SE ever engaged in a dialogue about these bogus "taxes"?

I've been through this with SE at least twice...going so far as to provide a contact at the NYC Dept. of Finance who was willing to confirm that NYC (Manhattan is New York County) charges no sales tax on DSL services.

jofallon
Premium
join:2002-01-05
Oak Park, IL
Threads like this reassure me about deciding to leave Speakeasy. Make believe fees that other ISP's don't see any need to charge...

tkdslr

join:2004-04-24
Pompano Beach, FL
Reviews:
·T-Mobile US

1 recommendation

reply to bhan261
said by bhan261:

If you're going to make statements about what SE does and the legality of it, perhaps you should register and use your real name so that we could engage in a dialogue.

But then again, when has SE ever engaged in a dialogue about these bogus "taxes"?

I've been through this with SE at least twice...going so far as to provide a contact at the NYC Dept. of Finance who was willing to confirm that NYC (Manhattan is New York County) charges no sales tax on DSL services.
I just got off the phone after talking to my City Finance Director. (LHP in Florida).

They don't receive any utility tax remittances from communications companies. (Just Electric, Gas, and Water&sewer providers). No utility tax payments from Speakeasy, nor any payments from Covad.

Hmmm, the plot thickens. I recommend that all Speakeasy customers verify any tax payments supposedly "reimbursed" were actually made to appropriate governmental bodies.


Michieru2
zzz zzz zzz
Premium
join:2005-01-28
Miami, FL
reply to tkdslr
I called the department of revenue after being transferred between one department and the other across the state.

According to the department of revenue Speakeasy can charge gross receipt & even utility taxes.

Can someone confirm what I am saying, the department of revenue number is: 1-800-352-3671

Maybe I asked my question incorrectly since I am not to familiar with this type of taxation, especially from an ISP.
--
Duct tape, saving lives since 1942.

tkdslr

join:2004-04-24
Pompano Beach, FL
Reviews:
·T-Mobile US
said by Michieru2:

I called the department of revenue after being transferred between one department and the other across the state.

According to the department of revenue Speakeasy can charge gross receipt & even utility taxes.

Can someone confirm what I am saying, the department of revenue number is: 1-800-352-3671

Maybe I asked my question incorrectly since I am not to familiar with this type of taxation, especially from an ISP.
I've call them before.. unless you find the right person you're going to get the wrong answer. Here is a link to the
right answer.

»dor.myflorida.com/dor/forms/2005···0015.pdf

From page 21. under "Communications Services Tax"

"Services not
subject to the tax include: information services (e.g.,
electronic publishing, web-hosting, or end user
900-number service); Internet access, electronic
mail, electronic bulletin board or similar online
computer services; pay telephone charges; and the
sale or recharge of prepaid calling arrangements."

"The communications services tax has its own annual
resale certificate separate from the one issued for
sales and use tax. The certificate is only used for taxexempt purchases of communications services that
are to be resold."

jofallon
Premium
join:2002-01-05
Oak Park, IL
reply to Michieru2
I'm sure Speakeasy can charge what the market will bear; but if the local taxing body never gets the money, if they don't actually tax the internet provider...

After all, I pay several taxes on the phone line the DSL is on, directly to ATT (who handles the phone service). Does Illinois charge SE extra?

All I know is that Earthlink and Lightning Bolt DSL didn't and don't charge those fees separately on the same Covad circuit.