View Full Version : Will sales tax be cahrged?
02-14-2012, 3:23 PM
I want a gun sold by an on line Texas dealer. My son lives in Texas. Is there a way I can avoid Calfiornia sales taxes? I am thinking if he buys it in his name and then transfers it to me using an intra family transfer, I gather he would have to have it sent by a Texas FFL unless I can find a Cal FFL that will accept it from a private party. Would he have to take possession of the gun for a certain period of time before sending it to me and is there a better way of handling this? It would be nice if he could just buy it and have the gun store send it to me.
02-15-2012, 6:56 AM
The letter that your son should send to the CA FFL for the interstate intrafamilial transfer should state the firearm is a gift to you. Ask the receiving FFL if tax will be charged on a $0 gift. The BOE has things so screwed-up right now it could go either way. Also, ask your CA FFL if he will receive firearms from non-licensees. If so, your son could send it directly to the CA dealer.
02-15-2012, 8:00 AM
Personally, I think if you ask for a way to avoid CA sales tax, then you pretty much owe CA sales tax.
However, a private party sale or occasional sale is not subject to use or sales tax. It is legal for your son to send to a firearm directly to a CA dealer (however, he cannot send it directly to you). If the son writes a letter stating it was an occasional sale (gifts can be taxable actually), then it should not be subject to use or sales tax.
Given the BOE's recent switching of their previous opinions on this however, it might be difficult to find a dealer who agrees.
02-15-2012, 8:14 AM
If it was actually a gift, then it could be exempt from sales tax, but that would only work if the FFL you have transfer it here in CA is not reading this thread since once they know what the actual story it, they would be required to collect sales tax on it.
02-20-2012, 5:45 PM
I thank you. So as not to put the local FFL on the spot, I may just buy the gun from my son and have him write a letter to the effect that he is not a dealer and has sold no other guns in the past 24 months.
02-20-2012, 6:31 PM
Well, the answer would have been a bit different a few days ago since I got a letter from the CA BOE directly to me which states that sales tax has to be collected on ALL firearms coming from out of state, which conflicts with their 2009 letter. This means, depending in whether the FFL has directly received a response from the BOE or whether they can just use the 2009 information, that sales tax might have to be collected.
If your son gave you a gift, then sales tax would not be due. So far I have not seen a letter about that and I am not going to ask.
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