A New York state court dismissed a $7.3 million tax whistleblower suit brought by the state attorney general against Manhattan-based B&H Foto, finding the photography retailer’s “instant savings” program transactions aren’t manufacturer coupons subject to sales tax.
James’ office accused the photo and video equipment retailer in 2019 of failing to pay at least $7.3 million in sales and use taxes on $67 million in so-called instant savings reimbursements from 2006 to July 2017.
In November 2019, James’ office said B&H “intentionally underpaid sales tax on millions of dollars in receipts from its sales of cameras” and other electronics since 2006 using an instant rebate program in which manufacturers reimbursed the retailer for sales — with B&H never paying tax on those reimbursements as it should have.
We've filed a lawsuit against B&H, the photo & electronics store, for allegedly failing to pay sales tax on tens of millions of dollars they received from manufacturers for "instant rebate" discounts to customers.
— NY AG James (@NewYorkStateAG) November 14, 2019
In New York, no company is above the law.
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