Are airlines lying about taxes?

How far will an airline go to make an extra buck? Fudge a few numbers on their taxes, maybe?

That’s the question Kenneth Babineaux recently raised — with a little help for the airline industry. And to be honest, I’m not sure if I have a definitive answer, except to say, “Watch this space.”

This space, meaning airlines and taxes.

Before getting to Babineaux’s problem, let me put this into a little context: After the Transportation Department began requiring airlines to quote a fare that includes all mandatory taxes and fees in December, and with Tax Day approaching on April 15, the airline industry decided to take a stand on taxes.

Nicholas Calio, president of the airline trade association A4A, complained that passengers now pay 20 percent of a typical domestic round-trip ticket price to the government, and called for tax reforms.

Airlines aren’t really concerned that you have to pay these taxes; it’s that their fares look more expensive as a result of this regulation. Those higher prices are costing them business, because air travelers are highly price sensitive. A $1 difference is enough to push air travelers to one airline at the cost of a competitor.

You can only imagine what happen if airfares dropped 20 percent overnight, or even 10 percent.

Anyway, back to Babineaux’s question. He’s flying on Virgin America in May, and after booking a ticket from Dallas to San Francisco recently, he says he noticed something “disturbing.”

“International taxes and customs fees appeared on my itinerary,” he says. “I have written two letters to the president and spoke to a supervisor.”

Babineaux’s letter to the airline’s president wasn’t answered, but a supervisor blamed the international fees on a system problem, but insisted the fare was correct.

“Bottom line,” he says, “I do not trust their words and wanted an outside opinion.”

Before I go on, I have to make a confession: I’m not the guy to ask about taxes. I’m kinda bad with numbers, and I’m terrible at doing my own taxes. After being audited by the IRS a few years ago, I hired a professional, and I refer all tax questions to him.

But this isn’t really a tax story. Babineaux seems to be suggesting that these mandatory fees are either part of the fare, or that Virgin America is charging a tax that it shouldn’t, and pocketing it as profit.

I asked Virgin America if it could offer a more complete answer. In an email to Babineaux, the airline thanked him for “reaching out” to me.

“We apologize for the confusion, the taxes were charged correctly but there is currently an issue with the way they display on the web,” a representative added.

Currently an issue?

In fact, Virgin’s technology problems are pretty well-known. Here’s a story from last November. Since then, I’ve been sending a fairly steady stream of complaints to my Virgin contact, who I had hardly spoken with in years, except to tell her how much I admire her airline.

But Babineaux wasn’t happy with that answer. He replied to Virgin, sending it screen shots of his purchase, which show international taxes being charged on a domestic flight.

“So sorry for these issues,” a Virgin representative responded. “But this is a labeling issue, I promise.”

The passenger remains incredulous. “I have no confidence in Virgin America now, and I have not even flown them yet,” he says.

After reviewing the back-and-forth between Virgin and Babineaux, I have a few thoughts. First, I don’t think Virgin is hiding anything or overcharging passengers for taxes. I’ve done a lot of stories about airline lies, and this doesn’t have the telltale signs of a lie. This really does look like a system problem.

Airlines are much smarter when it comes to deceiving their customers. If Virgin were trying to pull a fast one using international taxes, this would be the work of a rank amateur, and the government would quickly catch on to it.

So there’s my outside opinion: nothing fishy going on here, probably.

The bigger issue that Babineaux’s questions raise is, what are airlines going to do about these taxes? Now that they must include government fees in the price of their ticket, they’re shifting to a strategy of lowering those taxes. But what if they’re unsuccessful?

Would an airline charge a tax that wasn’t due and pocket it, hoping no one will notice? I’m sure some of the folks in charge of identifying new revenue streams have thought about it, but dismissed it as too risky. (Never mind the fact that it’s also a crime.)

That isn’t to say airlines are completely above board, when it comes to paying taxes. For example, do you ever wonder what happens to the taxes paid on nonrefundable tickets that are unused? Aren’t you entitled to getting that money back? Yet most airlines won’t refund those fees. They don’t have to pay them to the government, either. So where do they go?

Babineaux may not realize it, but he’s on to something. And now that the airline industry is making a fuss about its taxes too, it’s only a matter of time before someone digs around and exposes the industry’s real tax cheats.

  • CajunJamie

    I will be going to Santa Rosa to spend a week. Can’t wait for wine country. My girlfriend says Sonoma is the best. Thanks!

  • TonyA_says

    you’re right, I forgot it was a form (so it must be I for instructions not pub).
    I remember reading the IRS field audit guide a long time ago so I could fully grasp the meaning of this US Excise tax. It is a good weekend read for those who have nothing to do.
    http://www.irs.gov/businesses/small/article/0,,id=186838,00.html#Ch7interairline

  • TonyA_says

    Oops posting problems.

  • TonyA_says

    Santa Rosa is gorgeous. If you are into flowers and plants, Luther Burbank’s from there. Enjoy.

  • bodega3

    My hometown is Santa Rosa, born and raised.  Have a good time!

  • bodega3

    So is Snoopy and Charlie Brown!!

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    I’m confused about the point of this article.  Perhaps one of the travel agents can shed some light.

    When I purchase an airline ticket, I pay the base fare, taxes, fees, etc. upfront.  I would assume that when the airline remits the taxes to Uncle Sam would be unrelated to if and when I actually fly.

    For example, say on February 1, I purchase a ticket for $200 for December 1.  The hypothetical breakdown is $150 base fare, $20 ancillary fees, and $30 Federal taxes. Wouldn’t the airline remit the $30 to the Federal Government whenever it remits taxes, monthly, quarterly, whatever. 

    Therefore it seems the reason the airline doesn’t automatically offer a refund of the taxes is not to keep the taxes, but rather to avoid the accounting costs of applying for a refund from the government.

  • TonyA_says

    Carver there are 2 issues:
    One – does the airline charge the CORRECT amount of tax, or do they “invent” taxes and pocket them?
    Two- what to the airlines do with the tax? Do they remit them or get to pocket them if you cancel your flight on a NON REFUNDABLE ticket.

    The answer to the first question is that the airlines [generally] collect the CORRECT taxes. In the OP’s case it was a mere labeling error, but the correct taxes were charged.

    The answer to the second question on how Transportation Excise Tax is collected. The IRS Audit Guide for Airlines explain it quite clearly.
    http://www.irs.gov/businesses/small/article/0,,id=186838,00.html

    These taxes are imposed on the amount paid by the passenger.
    So for as long as you buy a ticket, the airlines must collect them (the excise tax). Hence:

    The air transportation excise taxes are facilities and services excise
    taxes.  Facilities and services taxes are imposed on the amount paid for
    the use of a facility or a service provided.  These taxes are
    classified as collected taxes and are reported on Form 720.  Collected
    taxes are paid by the person who receives the service or uses the
    facility.   The term “collected tax” stems from the fact that the person
    furnishing the service or facility must act as a collecting agent for
    the tax imposed on the person paying for the service or facility.  It is
    important to remember when dealing with air transportation taxes that
    the customer is the taxpayer and the air transportation provider is the
    collecting agent.

    Also the airline does not keep the collected tax for a long time: Read:
    Generally, semi-monthly deposits of excise taxes are required.  A
    semimonthly period is the first 15 days of a month (the first
    semimonthly period) or the 16th through the last day of a month (the
    second semimonthly period). 

    Here is the rule on REFUNDS:

    Ticket Refunds

    Every person who refunds any amount with respect to a ticket or order
    that was purchased without payment of the air transportation tax must
    deduct from the amount refundable, to the extent available, any tax due
    as a result of the use of a portion of the transportation purchased in
    connection with the ticket or order and must report the amount of any
    remaining uncollected tax to the IRS.  Cite: IRC § 4263(b).

    If a passenger cancels his ticket, Rev. Rul. 89-109, 1989-2 C.B. 232
    holds that to the extent an airline refunded to a passenger the amount
    paid for air transportation, the collected transportation tax
    attributable to the amount of the refund should also be refunded to the
    passenger.  However, to the extent that the airline did not refund the
    amount paid for air transportation to the passenger, the collected
    transportation tax attributable to the nonrefunded amount should have
    been remitted by the airline to the IRS.  The same result would apply to
    a situation in which a carrier allowed the passenger a refund by credit
    rather than by cash, or if an airline offered a discount fare program
    under which it refunded less than the full purchase price in the event
    of cancellation of the ticket by the customer.  But see United Airlines,
    Inc. v. U.S., 929 F.Supp. 1122 (N.D.Ill. Jun 27, 1996), aff’d 111 F.3d
    551 (7th Cir.1997) (criticizing Rev. Rul. 89-109 and concluding that
    amounts retained by the airline as penalties or service charges for
    canceled tickets are amounts paid for taxable transportation).

    Please note that as far as the IRS is concerned only the Domestic 7.5% Transportation/Percentage Tax, Segment Tax ($3.80) and International Travel Facilities Tax ($16.70 each Departure or Arrival) ARE TAXES. The rest collected by the airlines are FEES (i.e. Security, Customs/Agricultural Inspection, Immigration, Airport Passenger Facility Charges PFCs, etc.).

    I believe the FAA audits the collection of PFCs. I suppose the rest are audited by the Department of Homeland Security since these fees are collected for their agencies (TSA, Customs, Immigration etc.)

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    Tony

    What you writes makes sense.  Where I am confused is why do people believe that when you lose the value a nonrefundable ticket, e.g cancel the ticket, that the airlines keep the taxes.

    Its almost as if people believe that the airlines remits the taxes only after you fly.          

  • TonyA_says

    Carver, probably because some of the FEES are not [Excise] taxes; so people believe they are to paid only if they actually USE the services or facilities.

    The other issue is the FOREIGN Airport Taxes and Fees that US Carriers collect here for an international flight. I have no idea what happens to those when one cancels a ticket.

  • http://pulse.yahoo.com/_Z3AVBBJN4I7SVPZIXW2S37LHQA photoohideustopublish

    What is shocking is that the federal and local govMINTs have not imposed taxes on checked baggage fees. If taxes of over 50% can be levied on a car rental at some airports (notably PHX) for ball parks and convention centers I will never see, govMINTs could easily tax baggage.