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Membership
Benefits & Application |
Notice of new 7% Sales Tax to Occupants As soon as
possible, you should take the following steps: 1. Mail a letter to each existing occupant at his/her
address on file informing occupant that the State of New Jersey has put a new
7% sales tax on self storage room rentals and on exterior parking of vehicles
(including RV’s), effective October 1, 2006. 2. Advise the occupant(s) that you (your company) bear
no responsibility for imposing this tax and indeed that you and your company
objected to this tax and did everything you could to prevent the tax from
being imposed as part of the 2006-07 State Budget. 3. Advise
the occupant that the NJ Self Storage Association is planning to sue Governor
Corzine and the State Department of the Treasury to
void this sales tax as being unconstitutional under both the federal and
state constitutions, but that a decision on this lawsuit is a number of
months away. 4. Advise
occupants that if the Court does not “enjoin” the State Division of Taxation
from collecting the tax, you will be required by law to collect the sales tax
on the amount of the room rental and remit that tax to the State. There are questions about the tax and how
it is to be charged that have not been answered by the legislation, and we
await regulations from the NJ Division of Taxation; NJSSA is watching for the
issuance of these regulations. 5. If the
lawsuit is successful but is decided after the imposition of the sales tax on
October 1, 2006, any money paid as sales tax and remitted by your facility to
the State will have to be refunded by the State of 6. Ask
each occupant to contact his/her elected state representatives (Assembly and
Senate) and complain about the expanding the sales tax to the rental of self
storage units where people store their own good and belongings and to outside
vehicle parking. 7. Compose a sign that
incorporates items # 1 thru 6 above and place prominently on the front
counter; train your staff to be prepared to respond to any questions by
occupants. SAMPLE LETTER TO OCCUPANTS ABOUT
7% SALES TAX (Your company letterhead) Dear Occupant, As part of the adoption of the NJ State
Budget, Gov. Jon Corzine signed into law a 7% sales
tax on all rentals of self storage, effective October 1, 2006 and thereafter,
resulting in increased cost to you; by law, we must charge and collect the
additional 7% and remit that money to the Sate Division of Taxation. Our facility (or Company) had nothing to do with imposing this increase in
your rental. We joined with the NJ Self Storage Association (NJSSA) in
opposing this tax increase and objected to having this in the 2006-07 state
Budget. Blame the Governor and the legislators who voted for this tax, not
us. In fact, the NJSSA is suing the Governor and the State Division of
Taxation to repeal this tax as being unconstitutional under both the federal
and state constitutions. While the final decision may be months away, we will
ask the Court to “enjoin” the State from collecting this tax until there is a
final decision. There are also
questions about charging the tax and we await regulations from the Division
of Taxation. But note that if we must charge the tax, you must pay it and we
must remit it to the State. If our lawsuit is successful and the tax is
unconstitutional, we will not charge you the tax; but if we have to collect
the tax, and then the Court says that it is unconstitutional, you will have
to apply for a refund to the State Division of Taxation and not this Company.
It is the state’s obligation to refund any tax not properly or correctly
collected, not __________ Self Storage. If you have
the chance to speak with your Assembly Members or Senator, please complain
about this tax. After all this is a
tax on your own property, not something you are buying. We believe that is unfair, improper and
unconstitutional. Thank you for your
cooperation and attention. Very Truly Yours, _________________ Self
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