Christina Spicer  |  February 4, 2021

Category: Covid-19

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Retailers fight class action over sales tax on masks

Dozens of major retailers are denying accusations that state sales tax on masks has been improperly collected, claiming that a class action lawsuit should be tossed.

A group of Pennsylvania residents lodged the complaint in November against Walmart, Home Depot, Big Lots, and other stores, claiming they had disregarded an emergency mandate by Governor Tom Wolf exempting the sale of masks from state sales tax during the coronavirus pandemic. The class action lawsuit accused the big box stores of violating the state’s Unfair Trade Practices and Consumer Protection Law.

The plaintiffs say that they and other consumers paid taxes amounting up to 7%, but the retailers contended in a recent filing that the consumers need to take the matter up with the state’s Department of Revenue.

“Consumers who can certify to the department that a cloth or disposable non-medical mask or face covering was purchased and used as a means of protection against the virus can petition the department for a refund of any sales or use tax paid,’” points out the motion submitted to the Pennsylvania federal court.

In addition, the retailers argue that, at the onset of the coronavirus pandemic, it was not clear that non-surgical face masks were supposed to be exempt from the mandate.

“Because non-medical protective face masks historically were subject to taxation as ornamental wear or clothing accessories, the department noted that ‘retailers were not obligated to determine whether a non-medical mask or face covering would be used for medical purposes,'” notes the retailer’s motion, going on to argue that it was not their responsibility to determine whether or not to assess sales tax.

The defendant retailers also say that the consumers should have known they paid a sales tax on masks that were purchased because the information was on their receipts.

“That plaintiffs implausibly claim they initially ‘did not discover’ the sales tax — when the facts were fully available to them, including on the face of the receipts provided to them at the time of the purchases — does not avoid the application of the voluntary payment doctrine,” explains the retailers’ motion to dismiss. “Plaintiffs cannot avoid the consequence of their voluntary payment of the tax by claiming that the tax was improper.”

Did you pay sales tax on masks you purchased in Pennsylvania during the coronavirus pandemic? We want to hear from you! Tell us what happened in the comment section below.

The lead plaintiffs and proposed Class Members are represented by Kevin W. Tucker and Kevin Abramowicz of East End Trial Group LLC.

The Mask Sales Tax Class Action Lawsuit is Duranko et al. v. Big Lots et al., Case No. 2:20-cv-02000, in the U.S. District Court for the Western District of Pennsylvania.

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19 thoughts onStores Urge Dismissal of Masks’ Sales Tax Class Action

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