state tax refund

Business Owners, Don’t Forget To Make Your Sales Tax Refunds! – Matter of New Cingular Wireless PCS, LLC

This case, Matter of New Cingular Wireless PCS LLC, DTA No. 825318 (N.Y.S. Tax App. Trib., Feb. 16, 2016), presents a fact pattern that reflects the cost to a business owner for failing to make sales tax refunds. Here, New Cingular Wireless, now known as AT&T Mobility (“AT&TM”), improperly collected and remitted sales tax on charges for Internet access. It was then eligible for a refund from the State of New York but applied for such without first actually refunding the over-collected amounts back to customers!  Most importantly, it was not entitled to remedy its error resulting in a cost to the company of $100 million.