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comment on sales tax / why do Standard Form Contracts have NY as permissive jurisdiction 
November 9, 2018
comment on sales tax from November 3, 2018
    This is the way I collect sales tax. I figure out the job let’s say 500.00 I multiply the job let’s say 8.5% comes to $542.50, I tell my customer it's $550 complete. I do the job and send the full tax in this case is $43.09 to the state. Everyone is happy, because the end user thinks no tax and the state gets its money. 
    Sales Tax. The government is quick to charge fines and penalties even if you don't owe money only your paperwork is missing some insignificant line, but they can't provide clear guidelines what the tax is by location. In New York State every little town has different tax rate. Even in same ZIP code there may be different rate across the street from one another. Online tax filing made things little easier but still not perfect. Sad part is that American businesses get scrutinized and China sells tax free all over the world. If the government made China to sell through American distributors, the distributors would provide many jobs processing the sales, the employees would pay income tax and pay sales tax when they spend their money, the distributors would collect sales tax, our economy would improve and the government would make ton of money with their thumb up their ... and politicians won't have to extort money by creating new taxes and add surcharges. Besides paying your taxes, you also pay school tax even if you don't have kids, which the lottery was supposed to pay and you pay utility companies surcharges "to offset their expenses". Who pays to offset your expenses? 
why do Standard Form Contracts have NY as permissive jurisdiction
    We have been questioned recently about the clause in your contracts that we purchased this year where it states : The parties submit to the jurisdiction and laws of New York and agree that any litigation or arbitration between the parties may be commenced and maintained in Nassau County, New York. Is this correct? We have been told by a local attorney/subscriber that the jurisdiction should be in our county and state.
    The Standard Form Agreements have an arbitration provision that designates an arbitration company in New York. Though the arbitrations can be conducted anywhere, and even by telehone, video or submission of papers, we didn't want challenges that the arbitration company was in New York. The contracts provide that New York is a permissive jurisdiction, not exclusive. If your subscriber challenges the New York provision you can omit it; we will still be able to commence arbitration proceedings in accordance with the arbitration clause in the contract. It is not uncommon to select jurisdiction where your attorneys are located. Your local counsel is correct that in consumer cases litigation [not arbitration] must be commenced in the consumer's venue.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
516 747 6700