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Oldmandan 01-09-2013 10:36 PM

BOE Tax Question
 
Quick question about BOE taxes on interfamily out-of-state transfers.

My Father-in-law, purchased a handgun and rifle in California many years ago and has since moved to NC. He is now gifting those firearms to his daughter(my wife) who resides in CA.

She is with him in NC now, and will take the rifle and handgun to an FFL in NC, and ship them to an FFL in Orange County. (will be DROS'd by her)

Question 1- Because this is a gift is she requires to pay tax on them?

Question 2- Because tax was already paid in CA, is she required to pay it again? What if father-in-law has kept the original receipt stapled to the original manual? Does that get her out of paying tax?

BTW- Firearms in question are both CA legal, and my wife has an HSC.

Last question- I'm out of Anaheim, anyone know of an FFL with interfamily transfer experience? The ones I've talked with so far, either seem to know less than me about them? Or charge high fees to do them...

Thanks for your help

Jet Setter 01-09-2013 11:16 PM

Mum is the word...

I don't believe you have to pay tax on a gifted item. However, I am sure someone will chime in on legalities. Kudos for taking the steps to get the guns transferred properly.

Toby's Tactical 01-10-2013 8:46 AM

I believe there's no need to pay an FFL to ship the firearms. They only have to be received by one. That might save you some money but the receiving FFL needs to be OK receiving from an individual.

zinfull 01-10-2013 9:06 AM

If the rifle is CA legal then all she needs to do is bring them home on here return. She can send the rifle to her self using USPS. When she is home she needs to download the form form DOJ and send in $15 for registration on an inter family transfer. A lot cheaper than using a FFL.

kemasa 01-10-2013 9:50 AM

Quote:

Originally Posted by zinfull (Post 10167266)
If the rifle is CA legal then all she needs to do is bring them home on here return. She can send the rifle to her self using USPS. When she is home she needs to download the form form DOJ and send in $15 for registration on an inter family transfer. A lot cheaper than using a FFL.

Well, if she wants to violate Federal law, that is the thing to do, but otherwise firearms between residents of different states have to go to a FFL in the buyer/transferee state. The fee is $19, so you are wrong in that as well. Yes, it is a lot cheaper, but it is also illegal.

Quote:

Originally Posted by Oldmandan (Post 10164582)
She is with him in NC now, and will take the rifle and handgun to an FFL in NC, and ship them to an FFL in Orange County. (will be DROS'd by her)

The firearms can be shipped directly to a CA FFL, but UPS/FedEx require handguns to be shipped overnight, whereas a FFL can ship the handgun USPS. Depending on what the FFL charges, it might be cheaper to ship the handgun through a FFL. The long gun can be shipped directly, assuming it is ok with the CA FFL.

Quote:

Question 1- Because this is a gift is she requires to pay tax on them?
No. Document that it is a gift.

Quote:

Question 2- Because tax was already paid in CA, is she required to pay it again? What if father-in-law has kept the original receipt stapled to the original manual? Does that get her out of paying tax?
N/A, it is a gift and is exempt from sales tax.

Quote:

Last question- I'm out of Anaheim, anyone know of an FFL with interfamily transfer experience? The ones I've talked with so far, either seem to know less than me about them? Or charge high fees to do them...
I don't know of anyone down in that area, but if you find a FFL with decent fees, see if they will call the CA DOJ and ask about it. This only applies if the handgun is not on the certified list since otherwise it does not matter.

Oldmandan 01-10-2013 2:17 PM

Thanks for the responses guys. You've answered all my questions.

I'll post up how it goes, for future searches on similar topics.


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