Home Depot Sales Tax Class Action Lawsuit

Consumers in Missouri have filed a class action lawsuit against Home Depot alleging, among other things, that Home Depot violates state law by collecting sales tax on purchases that involve coupons, imposing a sales tax based on the full retail price of the item purchased, even when the price paid by consumer may be substantially less than the full retail price.

According to the Home Depot sales tax class action lawsuit, Missouri law mandates that the “tax shall only apply to the sale price paid by the final purchaser and not to any off-invoice discounts or other pricing discounts or mechanisms negotiated between manufacturers, wholesalers, and retailers.”

Coupon sales qualify as “pricing discounts,” and therefore sales tax should not be collected by retailers for the amount discounted by the coupon and not paid by the consumer, the Home Depot sales tax class action lawsuit states.

“Home Depot charges this excess sales tax unlawfully and in violation of the express statutory prohibition against the applicability of sales tax to discounts,” the class action lawsuit continues.

The Home Depot sales tax class action lawsuit is brought on behalf of all persons and entities who, between August 28, 2007 and the present, made a purchase from any Home Depot located in Missouri, where a coupon or other pricing discount was part of the transaction, and who were assessed sales tax upon the discounted portion of the purchase price.

It is seeking class certification; damages in the amount of monies paid as unlawfully collected sales taxes; actual damages, statutory damages, and other such relief; pre- and post-judgment interest; restitution, and more.

A copy of the Missouri Home Depot Sales Tax Class Action Lawsuit can be read here.

The case is Sandra Barber v. The Home Depot USA, Inc., Circuit Court of the City of St. Louis, State of Missouri.