Paying Sales Tax Question ?
If I live in New York and order a gun from Joe Blows Online Gun store in Florida. Do I pay the sales tax on the final selling price when I pick up the gun from my FFL dealer here in NY ?
God gave us all a gift. Have you found yours yet ?
God gave us all a gift. Have you found yours yet ?
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no. you bought it in fla. you are technically suppose to pay fla tax if the seller chooses to charge you. but, the n.y. dealer can charge you a fee for receiving the gun. 0 -
I cant speak for you state but in Va. if you buy something and have shippet to you from out of state you don't pay sales tax to "EITHER" state. quote:"PRAISE THE HARDBALL GUN" 0 -
Florida does not require merchants to collect state sales tax on items sold & shipped to another state, unless that merchant has a "presence" in the buyers state.
New York, as well as many other states that collect state sales tax, require residents to pay an amount equal to the sales tax on purchases from other states. Depending upon the state, they may require that you annually submit a form (& payment), report the amount on your income tax, or some other method.
However, since no state can force another to do or report anything, this requirement is usually ignored & is unenforceable. There is a very good chance that, within the near future, a federal law will be enacted that will require this.
Neal0 -
If the gun is sent to you then you pay your state/county tax on the reciept. Unless there is no reciept then you pay what you tell the FFL holder was the sale price. Or you could have the seller write you up a reciept with a smaller sum than what you paid. 0 -
It all depends on just how strict your home state is with collecting sales/use taxes-- I am betting New York wants their money. In the case of CA, where my business is located, buying a firearm from out of state and then having it shipped to a dealer is called a "third party transaction" and these are taxable at point of delivery (the dealer here in CA). If you buy a firearm from a dealer in another state "over the counter" (in person) then the dealer must collect his own state sales tax or have the firearm shipped to you in New York. In that case no tax is due in Florida since you never took possession of the firearm. Once the gun gets to New York and you appear before your dealer to have it transfered to you you are now liable for any taxes that would normally be due if the identical item were purchased in New York and since you appear to be unlicensed, needing to have the firearm delivery made through a New York FFL, he will need to collect the sales tax. If you were a C&R holder and the firearm was shipped directly to you then you are responcible for reporting the purchase and paying your sales/use tax as Neal described. In CA the Franchise Tax Board mandates that in cases where use/sales taxes were due but not collected the dealer is liable for making up the short fall and in my own case this simply will not happen! The sales tax rate in my county is 7.75% and 99 times out of 100 the dealer shipping the firearm has your sales receipt in the box with the price you paid clearly indicated. If not, we just get out the Blue Book, look at the value guides and you can pony up the tax amount based on what S.P. Fjestad thinks your new toy is worth.
"Nothing can ever be made 'idiot proof' because idiots are simply too clever"!
Mark T. Christian0 -
Mark just stated reason #136 why I am glad not to be living in California.
Boomer
"Success is to be measured not so much by the position that one has reached in life as it is by the obstacles which one has overcome while trying to succeed"
. and the antithesis to this philosophy was uttered by Bill Clinton "I smoked it, but I didn't inhale."[V]
NRA Life Member0 -
Ya gotta admit that having Mark Christian around, is one of the greatest perks we could possibly have....You got a question?......Mark has an answer...and its always 99.44/100's% Correct.........Best......Captain Kirk
Captain Kirk, Tech Staff0 -
In Indiana, where we have part-time state legislators/full-time pig farmers making the laws, we are not charged sales tax by an out-of-state seller (I'm talking about any type of sale here) unless that seller has a retail outlet within Indiana.
On April 15th we are asked about out-of-state purchases on out income tax form and are to declare them and pay sales tax. cbxjeff and 17 other Indiana residenets actually do this!
cbxjeff<P>It's too late for me, save yourself. <br>0 -
WISCONSIN IS THE SAME AS CA., AS MARK POINTED OUT YOUR FFL IS ACTING AS YOUR 'AGENT' (WIS. TEMINOLOGY) AND MUST COLLECT THE S.TAX. 0 -
Yet another reason to get a C & R.
Pete
"Be kind to your neighbor, he knows where you live"0 -
[8D]Except, I deal with 3 dealers (old time) 2 will chg Ca. state tax if firearm is shipped to Ca. 1 will not and never has- all 3 will except firearms ONLY from legal FFL holders and will certify prior to shipment![;)][;)][;)][:D]
On your mark-get set- go away!!0 -
I asked this question some time ago from the Kalifornia franchise tax board online site. The answer I recieved was "no", that it was your responsibility to report it on your state tax return as a "use tax".
I know the dealers have been hasseled but this is the answer I recieved from the tax board.
Try it yourself. The answer I recieved came back in only a couple of days.
Interesting, when I tried to look it up I found this that seems to back up what Mark said.
http://www.boe.ca.gov/sutax/faqpurch.htm#eleven0
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