Louisiana bans cash for Second Hand Transactions!

**MissSeetonFan** · 10-20-2011, 08:26 PM

Law Bans Cash for Second Hand Transactions - Acadiana's News Leader

From the link "Besides non-profit resellers like Goodwill, and garage sales, the language of the bill encompasses stores like the Pioneer Trading Post and flea markets."

Do those of you in Louisiana have any comments on this? Sounds extremely stupid. I know it is to prevent copper and metals thefts but sounds a bit far reaching.

**HappyMama** · 10-20-2011, 08:27 PM

I was waiting to see if anyone posted on this.... very interesting isn't it???

**Spirit Deer** · 10-20-2011, 10:05 PM

Under that law, if you go to a garage sale and buy an item for twenty-five cents you'll have to write a check.

I'm guessing this law will either be ignored by lots of people, or quickly overturned.

Some days I really wonder about the intelligence of the people who govern in this country, on all levels. Too often they don't seem to have much common sense.

**frugalfoster** · 10-20-2011, 11:17 PM

This will never fly....with cities having such a hard time, they don't have enough employees to keep tabs on every garage sale that people have...Although the reasoning behind it is ok, the practicality of it is ridiculous!

**Contrary Housewife** · 10-21-2011, 12:06 AM

And how will they ever enforce this law? There aren't enough police to keep tabs on the real criminals already. Now they're going to have cops stalking people selling crap on craigslist?

**frugalfranny** · 10-21-2011, 12:24 AM

Makes you just wonder who thinks up some of this crap!!!

No enforcement = no law.........until some day they have nothing better to do and they enforce it "to make an example" of some
poor sucker.

I would find out who started this through the process and vote his butt out!

**sinopa27** · 10-21-2011, 01:03 AM

I read that entire bill. So, they want to make sure there is a record of all transactions and it must be maintained for like 3 years. This is a way to make having a yard sale as an income that can be TAXED. That's what it all comes down to. They want a way for these types of cash transactions to be included as income. Who gets a money order for 25 cents?????

**sinopa27** · 10-21-2011, 01:03 AM

i hope other states don't start doing this!!

**Molemommy** · 10-21-2011, 02:39 AM

What it is is that they want there tax money for every penny...
I understand for larger businesses like pawn shops but yard sales? Flea markets... you realize what this will do to flea markets... they will be non existant soon...
and antique and second hand shops will also be gone.. there margin of proffit is not what it seems they cant afford to do the machines and things

**Greebo** · 10-21-2011, 05:25 AM

I'm not certain such a law will pass muster, legally. It puts itself at direct odds with Federal Law - specifically the 1965 Legal Coinage Act

United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes and dues. Foreign gold or silver coins are not legal tender for debts.
—31 U.S.C. § 5103

A sale of an item is actually a creation of a debt, which is immediately paid for and thus cancelled with the receipt of cash.

This may sound weird, but consider that if you pay with a check and the check turns out not to be good, you still OWE the seller money.

I suspect that Louisiana is going to find this law challenged and overturned in very short order.

**nuisance26** · 10-21-2011, 09:15 AM

~I was thinking the same thing, G.
Plus I agree with there being no way to track all this stuff. People won't obey this law because it's insane.
A couple of years ago everyone was up in arms about new laws about selling children's items. Everyone got scared and I didn't see baby items in thrifts for a long time. Lo and behold, they're back! I guess everyone got wise that the laws weren't being enforced.
Reminds me of discipline issues I discuss with DH. I ask my hubby all the time to not to forbid the kids to do stuff unless he's the one backing up that law(and I mean inconsequential stuff like playing in certain areas). I already have enough super important things on my plate without backing up his orders too.
And that's how I think LA law enforcement is going to feel.~

**Spirit Deer** · 10-21-2011, 09:21 AM

Originally Posted by sinopa27

I read that entire bill. So, they want to make sure there is a record of all transactions and it must be maintained for like 3 years. This is a way to make having a yard sale as an income that can be TAXED. That's what it all comes down to. They want a way for these types of cash transactions to be included as income. Who gets a money order for 25 cents?????

Unlikely. Tax collections cost money, and the average garage sale isn't going to generate enough income to be worthwhile for a state to pursue it. Besides, income from any source is already subject to applicable tax laws, so they don't need a new law to collect.

Permanent garage sales are another story, since they are, in effect, a business and not just a private party clearing out their personal excess. But in those cases, tax collectors have other alternatives such as cash-drawer levies or shutting down the business. People who routinely sell at flea markets are also in business, and should be adhering to any applicable tax laws already, so no problem unless they are trying to dodge the taxes, thereby making it more difficult and expensive for those of us who are law-abiding and pay our share.

Businesses like Goodwill are already tracking their income and expenses, and collecting sales tax as required. There should be no need for them to stop doing cash transactions, particularly since nobody gets paid for donations, so no criminals are going to be fencing things at a thrift store.

**dcompton** · 10-21-2011, 03:52 PM

I live in Louisiana and had not heard of this. It sounds pretty much like business as usual for our state. There's a reason we're usually way at the bottom of state rankings for good things and way at the top for bad things. Sigh. I agree it probably won't stand up, and I can't see arresting people for using cash as being high on the list of priorities of our beleaguered understaffed and overworked police departments.

**Spirit Deer** · 10-21-2011, 04:34 PM

It probably doesn't carry any criminal penalties, just fines and such. And possibly it's one of those laws intended to make it possible to deal with real offenders, while it's ignored most of the time for people who aren't a problem.

**Momto5RN** · 10-21-2011, 04:46 PM

the frequent yard sale issues should be delt with by individual towns
we cant have more than 1 every 6 months - we need a permit - no permit you can get fines ( which i am sure is more if you have one every weekend and neighbors complain it is something they can enforce ).

somehow it doesnt seem right to tax it as income
i paid 10$ for an item that has a 5 year life so to say or worth 2$ a year, used it for a year -sell it for 1$ seems to me i just took a loss .

i dont really see how a money order is trackable by gvt as far as each and everyone being trackable

.