Look out Garage Sales....the Tax Man cometh!!

[Greastart]

I think all Y'all from Louisiana better get ready to pay some more taxes! Then, think about voting these fools outta office!!

Shopping with cash is now illegal in this state | The Crux

Taxes, Taxes, Taxes................

 

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[Tallone]

Well... before we all set our hair on fire, there are a couple of key points that should be mentioned:

1. I tracked down this piece of legislation (link below). This isn't a new bill. The bill (HB 195) this article refers to is actually an amendment to previously existing legislation which has apparently been around since 1950! HB 195 was made law in 2011 so it has been around for about 4 years.

2. The key portion, as it pertains to us garage sale junkies, is in the Definitions, Section 1861A.(1), which reads, in pertinent part:

"Anyone, other than a nonprofit entity, who buys, sells, trades in, or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a nonprofit entity, shall be deemed as being engaged in the business of a secondhand dealer."

In other words, people who have a garage sale once in a while are not subject to this law.

3. It is one thing to have a law on the books. It is quite another to enforce it. That being said, this does seem rather burdensome to people who run thrift stores and the like. I wonder how many are aware of, and actually comply with, the provisions of this law. I would wager very few.

Here is the link to the actual legislation: https://legiscan.com/LA/text/HB195/id/343620

 

[diggummup]

This has been mentioned before on here. I remember reading it- http://www.treasurenet.com/forums/g...9-insane-ban-cash-transactions-louisiana.html

 

[jerseyben]

Well... before we all set our hair on fire, there are a couple of key points that should be mentioned:

1. I tracked down this piece of legislation (link below). This isn't a new bill. The bill (HB 195) this article refers to is actually an amendment to previously existing legislation which has apparently been around since 1950! HB 195 was made law in 2011 so it has been around for about 4 years.

2. The key portion, as it pertains to us garage sale junkies, is in the Definitions, Section 1861A.(1), which reads, in pertinent part:

"Anyone, other than a nonprofit entity, who buys, sells, trades in, or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a nonprofit entity, shall be deemed as being engaged in the business of a secondhand dealer."

In other words, people who have a garage sale once in a while are not subject to this law.

3. It is one thing to have a law on the books. It is quite another to enforce it. That being said, this does seem rather burdensome to people who run thrift stores and the like. I wonder how many are aware of, and actually comply with, the provisions of this law. I would wager very few.

Here is the link to the actual legislation: https://legiscan.com/LA/text/HB195/id/343620

Agreed.

If you are operating as a business, then you are a business. In that case, you should go legit and have to deal with the same issues as any other small business owner.

 

[GibH]

People read total crap and then spread it as the truth without fact checking. You don't even have to worry about the truth anymore. Just make up something you know will piss people off and they will spread it as gospel.

 

[jerseyben]

People read total crap and then spread it as the truth without fact checking. You don't even have to worry about the truth anymore. Just make up something you know will piss people off and they will spread it as gospel.

Amen.

 

[Red James Cash]

Yup this sure looks made up to me.

https://legiscan.com/LA/text/HB195/id/343620

https://legiscan.com/LA/text/HB195/id/343620/Louisiana-2011-HB195-Chaptered.pdf

 

[GibH]

Yup this sure looks made up to me.

https://legiscan.com/LA/text/HB195/id/343620

https://legiscan.com/LA/text/HB195/id/343620/Louisiana-2011-HB195-Chaptered.pdf

I never said the piece of legislation was made up, the interpretation of it banning cash for shopping is however.

 

[Red James Cash]

Read the bill.

 

[GibH]

I did read it.

 

[Red James Cash]

I guess you missed this part on paqe 6

D.
Whoever violates this Section shall be fined not less than twenty
-five
7
dollars
nor
more
than
one
hundred
dollars,
or
imprisoned
for
not
less
than
fifteen
8
day
s nor more than three months, or both.
9
§1864.3. Pay
ment by
check or money
order required
10
A
secondhand
dealer
shall
not
enter
into
any
cash
transactions
in
pay
ment
for
11
the
purchase
of
junk
or
used
or
secondhand
property
.
Payment shall be made in the form of check,
electronic
transfers,
or
money
order
issued
to
the
seller
of
the
junk
or
13
used
or
secondhand
property
and
made
pay
able
to
the
name
and
address
of
the
seller.
14
All
pay
ments
made
by
check,
electronic
transfers,
or
money
order
shall
be
reported
15
separately
in the daily
reports required by
R.S. 37:1866.
16
§1864.4.
Statement by
seller required; failure to exact statement evidence of
17
fraudulent intent; exoneration from criminal knowledge

 

[jerseyben]

RJC: No one is questioning this...

See post #2. This law is only applicable to: "Anyone, other than a nonprofit entity, who buys, sells, trades in, or otherwise acquires or disposes of junk or used or secondhand property more frequently than once per month from any other person, other than a nonprofit entity, shall be deemed as being engaged in the business of a secondhand dealer."

Typical garage sales are excluded, using the above language. Even most flea marketers don't do it more than once per month.

 

[jerseyben]

Granted, some people could argue that they "buy" used items once per week. However, given the context of the bill, I do not think it is targeting consumers. It is targeting dealers.

 

[jerseyben]

If you run a for profit thrift store in the state of LA, I suppose you can only accept check, money order, or electronic payments? Or is that only if the thrift store is buying the junk? That part is a bit questionable.

Edit: I read the whole bill. Only applies to junk shops buying from people for resale, not on retails transactions.

 

[Red James Cash]

RJC: No one is questioning this...

No,they were denying its existence

 

[jerseyben]

No,they were denying its existence

Not 1 person denied the existence of the actual bill.

What is in question is the article posted by the OP. While the article is based on actual legislation, the article itself is complete crap and misinterprets the bill. Even the title is factually incorrect.

 

[gollum]

Listen you bunch of SUCKERS,

The state is trying to crack down on thieves stealing brass valves, fire hydrants, copper wire, and the like, and selling it to recyclers. If you have a yard sale, and you buy something from an individual, then you have to get that person's info. If you are only selling at your yard sale, the requirement does not apply!

READ THE BILL!

All the crazy stories are only CLICK BAIT trying to get people riled up for a high click count. You suckers are falling for it hook, line, and sinker.

I will show this so everyone can understand:

If you operate a second hand business (recyclers, antique shops, flea market stall, etc), and in the course of your business, you PURCHASE THINGS FROM INDIVIDUALS, then you have to get that individual's information, in case what they sold you was stolen. If all you do is sell things, then the bill does not apply to you!

Goodwills and the like are exempted because THEY DON'T BUY ANYTHING! All the merchandise they sell has been donated to them.

Pawn Shops are exempted, because they have always been required to get customer information for anything they buy!


Wake up. There is nothing here. JUST CLICK BAIT!


Mike

 

[jerseyben]

Listen you bunch of SUCKERS,

The state is trying to crack down on thieves stealing brass valves, fire hydrants, copper wire, and the like, and selling it to recyclers. If you have a yard sale, and you buy something from an individual, then you have to get that person's info. If you are only selling at your yard sale, the requirement does not apply!

READ THE BILL!

All the crazy stories are only CLICK BAIT trying to get people riled up for a high click count. You suckers are falling for it hook, line, and sinker.

I will show this so everyone can understand:

If you operate a second hand business (recyclers, antique shops, flea market stall, etc), and in the course of your business, you PURCHASE THINGS FROM INDIVIDUALS, then you have to get that individual's information, in case what they sold you was stolen. If all you do is sell things, then the bill does not apply to you!

Goodwills and the like are exempted because THEY DON'T BUY ANYTHING! All the merchandise they sell has been donated to them.

Pawn Shops are exempted, because they have always been required to get customer information for anything they buy!


Wake up. There is nothing here. JUST CLICK BAIT!


Mike

I have been researching this for the past 20 mins and you hit the nail on the head. Thank you for valuing truth and facts.

 

[GibH]

RJC, unlike at least one person on this thread, I have no issues with reading comprehension skills. But hey, why let something so stupid as facts get in the way of good conspiracy theory.

 

[mugsisme]

Um. I sell watches to the guy at the Good Will store. (No, it's not for the store.) It's the guy who takes in the stuff for donations. He once asked me if I ever find men's watches in my jars. He's been buying them ever since. He insists on paying cash. I am fine with that. Good thing we don't live in LA. All I know is his first name and his cell phone number. LOL.