Without seeing the actual request your counselor made, I will be
making a few guesses here. And I will be happy to review the request
personally if you would like to suggest your state contact make the
request again, this time directly to my attention.
We are frequently requested to submit W-9s for purposes such as
yours, and most times we fill them out and return them immediately.
However, many states are attempting to force out-of-state
corporations to pay state taxes, and in addition to the request for
the W-9, they include a requirement that we "register" with the
state. We refuse to do that, because it creates a tax liability for
us and our customers in that state.
As a New Mexico corporation, we pay taxes in the State of New Mexico
and to the Federal Government. We do not have facilities in any other
state in the United States (including your state of North Carolina),
and we do not intend to charge or pay taxes in any other state
Our instruction to our Accounts Receivable department - who
processes requests for W-9 forms - is clear. If just the W-9 form is
requested, process immediately. If additional forms are required,
they are reviewed by our tax and legal department. If no tax
liability is created by the other forms, we approve the processing.
Only those forms which create a state tax liability are rejected.
As I said, if you would like to resubmit, I will personally review
the request. However, if there are additional requirements similar to
a state registration, I'm afraid it will be rejected again.
It's not that we're not interested in your business, Pat. I think
our regular customers will tell you that we at Rio Grande pride
ourselves on taking care of the independent designing jeweler, and we
aim to treat each one as if they are Tiffany's. I'm terribly sorry if
you are caught in this particular tax net.
Andrea M. Hill
Chief Executive Officer
The Bell Group
7500 Bluewater Road NW
Albuquerque, NM 87121