Drew Rogers6 said:Maybe just give the Germans a call and ask? If they're using some special margin taxation scheme, it should be clearly stated on the invoice—same goes if it's a reverse charge situation. Honestly, you could try playing dumb and reporting nothing, but if they file their end, the IRS is going to come knocking on your door to reconcile everything. I dealt with this once where I reported it, but the seller in the USA didn't, and I ended up getting flagged. They cross-reference all this stuff, I think on a quarterly basis. Personally, I'd try filing it for October (assuming they're currently in the IRS database) and if it doesn't go through, hey, you haven't lost anything.
Why should I be the one bending over backwards to fix this when they should be fixing it with me?
Who messed up here? They did. So, let them deal with the fallout.
I don't see why I should have to bow to their mistakes. 🤷
When I make a mistake, I own it and fix it. But in this case, the error lies entirely with them; they failed to verify the buyer in the IRS system and shifted the tax liability without any legal basis to do so. That is the most basic rule of the sale: you verify whether you can actually transfer the tax obligation before you move forward.
If we go the route of "reconciling," since they filed and we didn't, the IRS is just going to call us and demand a statement. We'll end up explaining that we bought a commercial vehicle but didn't have a tax ID yet, and there was no record of acquisition because the supplier couldn't legally transfer the tax burden. They’ll cross-reference the date we received our tax ID against the invoice date.
The other party will face the exact same scrutiny. It'll be determined that the Germans should have charged their own sales tax, meaning they’ll have to correct the error, pay it into the treasury, and then scramble to try and claw that money back from the buyer.
I absolutely refuse to play ball with someone who screwed up. If I’m going to adjust anything, I’m doing it to make things right, not to accommodate a blunder.
And yeah—I’m pissed off. 🙂