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If a state and federal tax has been added to something, can this TAX plus cost be taxed again?

calif sales tax went up 1% plus a total of $1.40 federal tax AND $.70 state tax for a total of $2.10 has been added to a pack of cigarettes. Sellers are then taxing this whole amount which is taxing a tax.
Is this legal?

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Attorney answers (2)

Reputation Level 20
You need to be represented by an attorney skilled in these matters, though, to take advantage of any potential defenses.

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Avvo Pro

Reputation Level 9
Unfortunately it is 'legal' -- morally offensive, but legal. If you look at your basic income tax payments -- you will find that the money going to the Federal Government for taxes is subject to state income taxes. Best of luck --

Joel S. Weissler
Attorney at law

Weissler Law Group
3333 Camino Del Rio South #235
San Diego, CA 92108

Phone (619) 281-1888

Visit us at: weisslerlawgroup.com

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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