Tuesday, July 07, 2009

Affectively BANNED in Peoria and Illinois


I received the following comment on my July 4th post.

“Amy, Bloomington, Illinois said …

So why has the book been banned from the state of Illinois?

1: 43 PM”

Good question! This has been a long, drawn out problem that is now almost a year old. I’m going to try to give a shortened version. I have not yet decided whether or not to post the complete details and correspondence on the blog. However, your question may have made it into my second book of The Black Sword series.

I plan on The Black Sword becoming a five part series of books with the second one being written starting this autumn. The first book took over three years to write. I’m hoping the second one will not take nearly as long. I’ve got it mapped out in my mind but need to put it into written form. What I didn’t have was an ending. I have e-mailed a certain business about using said business as an ending. Initially they responded positively but I haven’t heard from them since that original positive response. If I don’t end the book with the business, I will end it with this drawn out episode with the State including your question. Even if it is not the ending, it will almost certainly be part of the book.

Some background information that will help to explain my thought process in this whole affair includes the following. I learned early in my adult life to have, what lawyers like to call, a “paper trail” in any major dealings with others. In fact, a true incident dealing with the need for a “paper trail” is in the final chapter of the first book—the true incident happened in Pekin, Illinois. Also, for most of my adult life, I was a tax consultant in Arizona dealing with the State of Arizona, the federal government, and on some occasions other States—California, Colorado, Indiana, Michigan, to name a few. Dealing with these governments, reinforced my aim to always have a “paper trail.” Finally, I’ll be the first to admit that I’ll ALWAYS be a novice when it comes to computers. I’ve said since I was a child that I don’t like machines and machines don’t like me. That’s true and it is especially true about computers. I don’t trust computers (and yet I use one). And I don’t trust the State of Illinois.

So, here is the simplified version of what happened and I’ve got documentation—a “paper trail”—to support everything:

When I decided to have the book printed using my own money, I also decided to sell the book myself without going through book stores. Since I was the retailer, I had to collect and pay the sales tax to the State. To do that, I had to register with the State and get a license. I used the internet to find out the process I had to follow.

I had two choices—either register over the internet which would get me registered in two to three days or register by paper which would take six to eight weeks or more. In the meantime, I could not sell the book until I was registered.

Because of the time element and even though I was leery of registering over the internet, I decided to register using the internet. Soon after, I received my license but not the paper forms to file to actually pay the sales tax which is normally done monthly and is due on the 20th day of the next month. A few months later, I received a letter from the State stating that I had not paid any sales tax and was facing penalties for not paying. I wrote a return letter asserting I had not received the necessary forms to file and asked the State to send me the necessary forms—I had learned as a tax consultant to ALWAYS use the correct State forms since it prevented problems.

The State responded by declaring that since I had registered over the internet, I HAD to file the monthly form using the internet. I responded that I had not seen that requirement when I registered, that I would not have registered over the internet if I had known that was the requirement, that I would NEVER file over the internet, that they should send me paper forms to file, and if I was required to file over the internet instead of using paper forms that I would stop selling the book in Illinois. I received sufficient forms to file until the end of 2008.

In 2009, it started all over again. I did not receive any form for January, 2009. I wrote a letter in February asking for the appropriate forms. In March I sent a second letter asking for the proper forms. In April I received a notice from the State that I had not paid my collected sales tax and had not filed for the year. I wrote a third letter that stated in part: “NO KIDDING! How am I suppose to pay the tax if I am required to use your forms, and you have not sent said forms and HAVE NOT even responded to my letters? HOW IS THAT POSSIBLE?” I also sent a copy of this letter to the Illinois Department of Revenue Director. I soon received sufficient forms to file for the first six months of the year. My last form was for June and is due (not yet paid) on July 20th.

So, all ended well and I have no further problems. Not quite! About June 20th, I received yet another letter from the State which said: “Congratulations! You have been selected to join our Sales Tax WebFile program.” I wrote back stating in part: “Congratulations! In less than a year your bureaucratic actions have managed to drive a small business right out of Illinois!” When dealing with governments, I use the “three strikes and you’re out” approach. If a government can’t get it right in three efforts, it’s because they don’t want to get it right.

I further wrote: “This is the THIRD time you have TRIED to FORCE me to file electronically. I get the message. You do NOT want me to do business in Illinois. If true, so be it. As I have repeatedly stated, ‘UNDER NO CIRCUMSTANCES WILL I FILE ELECTRONICALLY!’” Finally, I declared: “Either send me the necessary forms to file through the paper system or send me the necessary forms to end my involvement with the State. I WILL stop selling my book in Illinois as of June 30, 2009 if said forms are not received by then and I WILL NOT file a monthly form stating that I have no sales because I am NOT going to be involved in selling books in Illinois after June 30, 2009. UNDER NO CIRCUMSTANCES WILL I FILE ELECTRONICALLY!” I again mailed a copy of this letter to the Revenue Director along with other information including a donated copy of my book. (The book was donated to the State not to the Director.)

Since I hadn’t received the necessary forms by June 30th, I have stopped selling the book and will NOT sell the book in Illinois unless and until this is completely settled. By the way, I didn’t expect a response by the 30th because bureaucracies don’t react that quickly. I had to stop on the 30th though or I would have to pay sales tax for the month of July which WILL NOT happen without the required forms being in my possession and a written statement from the Director that I will not be coerced in the future to file over the internet. A request for the written statement from the Director was included in my second letter to the Director. I finished my letter to the Director with this statement: “I am NOT going to continue to play this manipulative game!”

Consequently, to my way of thinking having dealt with States and bureaucracies for years, the State of Illinois has affectively BANNED the book in this State. I also have a second book ready to be printed. As long as I can’t sell books in Illinois, it or any other book I write will NOT be printed in Illinois. As is typical of bureaucracies, they want me to file electronically because it is easier for the bureaucracy and probably costs less. Too often, they will continue the coercion even though it does overall harm. In my case, it will because NOT only will they lose my sales tax; the State will also lose the sales tax of companies that I would have used in Illinois that will now not occur.

And people wonder why this State is in financial difficulty!

By the way, one of The Black Sword’s earliest scenes is in Bloomington/Normal—specifically, it begins at Illinois State University outside of Schroeder Hall and then moves to a restaurant in Bloomington. Other Illinois scenes include Morton, East Peoria, Peoria, Pekin, Cissna Park (I know, I hadn’t heard of it either.), Chicago, and St. Charles.

Thanks for asking the question.

0 Comments:

Post a Comment

<< Home