Sprint to Pay $330 Million to Settle N.Y. Tax Probe
December 21 2018 - 1:13PM
Dow Jones News
By Sarah Krouse
Sprint Corp. will pay $330 million as part of a settlement with
the New York state attorney general for failing to collect adequate
state and local taxes on some of its wireless calling plans.
The settlement is the largest ever garnered by a single state
under a false claims act, Attorney General Barbara Underwood's
office said Friday. Sprint "knowingly failed to collect and remit"
more than $100 million in state and local taxes for nearly a decade
on some of its wireless plans, state officials said.
"While we disagree with the State's characterizations, we
believe resolving this matter is in the best interest of the
company," a Sprint spokeswoman said in an emailed statement. She
said the settlement wouldn't have a material impact on the
company's financial performance.
False claims act laws allow individuals or companies who know
about fraud against the government to bring cases on behalf of the
state or U.S. and get a share of whatever money is collected as a
result of their claims
The investigation by the state attorney general and New York Tax
Department was spurred by a whistleblower lawsuit filed in March
2011. The whistleblower will receive $62.7 million. Local
governments that missed out on tax revenue as a result of Sprint's
actions get a portion of the settlement.
The case centered on a slice of taxes the state says Sprint
failed to collect and pay for flat-rate calling plans between 2005
and May 2014. Under such plans, customers paid a set fee per month
for a given number of minutes of calling.
Under New York state tax, the total cost of those plans was
subject to sales taxes regardless of whether customer calls were
made within New York, between states or internationally. New York
officials said Sprint didn't collect and pay state and local sales
tax for part of those plans that Sprint "arbitrarily deemed" to be
for interstate calls.
By not charging the full tax amount, the carrier was able to
offer more competitive pricing than its rivals and attract more
customers, the state alleged.
Sprint, which has 54.5 million customers, is awaiting antitrust
approval for a merger with rival T-Mobile US Inc. The roughly $26
billion deal recently cleared a national security panel, and the
companies expect to complete the combination in the first half of
2019.
Write to Sarah Krouse at sarah.krouse@wsj.com
(END) Dow Jones Newswires
December 21, 2018 12:58 ET (17:58 GMT)
Copyright (c) 2018 Dow Jones & Company, Inc.
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