sales tax in texas
well I just was told that if sales tax was not collected in the state a gun was baught then it had to be collected by the reciving ffl[V] I just got two guns and thinking what a great deal i got only to find out I have to pay tax on them one way or another
anyone one else running into this in Texas.
Taz
anyone one else running into this in Texas.
Taz
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NOT TRUE. You don't have to pay sales tax on a purchase, if it is bought from out of state! Your state *may* require you to pay a "use tax" or "sales tax" YOURSELF (if you are stupid, and do that.)
SOME dealers will collect the tax, no matter what. I'd tell them to pee up a rope, because THAT IS NOT THE LAW. In most states, anyway.
Merc0 -
...Nope. As you know the seller usually states if sales tax is applicable or not...not the recieving 01.
...A "new" interpretation of the sales tax laws by your 01 maybe?.
...You purchased the gun in another state, not from the recieving 01..so WTH would your 01 want to collect the tax? Hell, if you have to deal with that 01, tell him you paid "fitty cents" for whatever he recieves for you from now on...[^]
...Let me know what you find out, here or em me Clay...[;)]
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How in the heck is that dealer supposed to know what you paid for it? How do they know it was a "sale" at all? Maybe your uncle sent you gift. 0 -
I agree with ya'll but they are not taking anymore xfers untill they get it strait because they are being hit with taxs from this past years xfers.
I kinda thought they just dont want to do the transfers anymore but Iv been friends with them snice I was 10 and I belive they would just come out and say it.
I got a dealer about 30min from were I live that will do it and only charge 10.00 but did not asay anything about tax.0 -
It ain't his job to collect a tax in a transaction he had no participation in. If it weren't for the fed requiring an FFL to transfer, then he would not be involved.
If he insists then tell him you paid 1 cent. Let him figure the tax on that.0 -
MI requires dealers to collect sales tax.
Don0 -
...Clay, has the 01 talked with the Comptroller yet? He should be able to get a clarification from the website or the Comptrollers office in Austin.
...This subject has been a contentous point with states wanting to figure out how in the hell they can extend their money grabbing reach into every transaction; even private transactions.
...With the little Ive dealt with the Comptroller and sales tax laws, the laws are ambiguous at best. As far as I know the seller is responsible for the collection of any sales tax due. I don't see where your 01 would be responsible for the sales tax collection on a transferred item, as he is not the seller.
...Good luck to ya'll both! Two things I have learned about the Comptroller and IRS; they are about as lost when it comes to the correct interpretation of the tax codes as most of us, AND they will continue to go after monies even when they know they are wrong, don't ask [:D]
...BUT! The IRS will pay interest on money they miss-appropriated from you....once they admit the entire mess was their problem, which is no small task. Jerks lost my tax payment of $$$$$ once(!) I HAD to turn around and pay it again until THEY found WTH THEY did with my original payment! In the end worked out pretty good...they sent my original payment back...along with $9,000 in interest; only took 'em a year and a half to find THEIR mistake!
Hell, use Nunn, best 01 Ive ever had...[^]0 -
If I order a gun from a distributor on my account, and then resell it to a customer, the customer pays sales tax on the sale price of the gun, even if I ordered that gun specifically for that customer.
Now if the same customer buys the gun from an out-of-state FFL and pays that FFL directly, and has the gun shipped to me for transfer, I collect tax on the transfer fee only. The customer is legally liable to pay the State Comptroller a "use tax," but that law is practically unenforceable and universally ignored.
If the customer pays another dealer for the gun, and if the dealer doesn't include a receipt with the gun, and many don't, how would I know how much sales tax to collect? Exactly, so I don't.0 -
Tazzer
If you bought it out of state, your FFL didnt sell the item to you and there is no way TX can ask to get sales tax on something not sold in their state.
I know that Arkansas was trying something similar. Many military personnel bought vehicles in other states where they were stationed. When they moved back home and went to register their vehicle, the state comptroller wanted them to pay AR sales tax on the vehicle since they didnt get it the first time around. Big foul and there have been complaints made. It may have already been settled...guess I will find out when I retire this year and move home.0
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