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It depends.

If the restocking fee is a percentage of the sale price then the percentage will be taken from the total sale, including the tax. In other words you refund will include a prorated portion of the tax.

If it is a fixed amount such as $20 then it must exclude tax or the retailer will be in violation of the tax code and be liable for the full amount taxed on the sale regardless of lesser refunded amount.

If you are returning a defective item the retailer may elect to refund the tax. Although it is not a requirement, the retailer may not keep the taxes collected as profit.

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14y ago

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