Originally Posted by
drewguy
This depends on what the "taxable event" is. You're operating under assumption that actually flying is the taxable event. However, the taxable event also could be paying the airline to make a seat available for you on flight X, in which case purchasing the ticket is the taxable event. Looked at differently, you can't return the purchase. So it is like buying the "no returns" discount rack clothing. You could walk out of the store and toss them in the trash, but you couldn't get a refund on the tax.
Not exactly the same. In your example there was a transfer of tangible personal property. That is clearly taxable at a state and federal level for transaction taxes (which are the same type of taxes applied to airline tickets).
In the case of an unused ticket - nothing was transferred. No service was rendered and no actual taxable event occurred. The government (state or federal) cannot tax on intent - it must tax on actual events. The mere purchase of a ticket does not guarantee a seat on the plane nor does it guarantee actual completion of travel. There is ample case law around this point and it is well established that the government cannot tax on intent. If they could we would get smoked with "intent" taxes.
I would be interested in an case law that supports not refunding the taxes or fees - I don't see any but I have not researched intently. I rarely miss a flight so it means little to me.
Originally Posted by
daisyatl
Following along on this, the language seems to indicate the tax only occurs when travel is completed:
Taxable transportation. Taxable transportation is transportation by air that meets either of the following tests. It begins and ends either in the United States or at any place in Canada or Mexico not more than 225 miles from the nearest point on the continental United States boundary (this is the 225-mile zone). it's directly or indirectly from one port or station in the United States to another port or station in the United States, but only if it isn't a part of uninterrupted international air transportation, discussed later.
There is nothing in the IRS publication I can see where the tax is assessed regardless of actual ticket use.