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Originally Posted by shaocaholica
I didn't mean to solicit any advice that would not be legal.
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Hmmm, look at what you wrote: "Is there a way around it without too much hassle with the IRS?". Do you think that a way around it would be legal? Really?
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I was just curious how or if CA FFLs verify private party selling prices. Do they ignore the actual sales price(which can be difficult or impossible to verify) and just use a median value for the item?
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A receipt, an auction web listing, etc. If they ask for proof of what it sold for or if the proof seems to be bogus, the FFL could use MSRP or some high amount to ensure that it is not too low. Or the FFL could refuse to do the transfer.
I had one case where the selling FFL gave a bogus receipt. The original invoice from the distributor was accidentally included, which showed a lower amount. The firearms almost ended up with the police, but the buyers, who did not seem to be part of it (yes, a bit strange), provided copies of their checks. I, as a FFL, will not take the risk of owing money because someone wants to save a little bit of money.
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I thought there was a federal case that concluded that states cannot collect sales tax for out of state purchases?
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While you paid for it, CA does not consider it to be sold until it is transferred by a CA retailer or sold by a CA retailer.
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Edit: anyway I get the FFLs probably don't want to stand up to this just to draw attention to their business with no real gain for business. I'm still just curious about the thought process and actual regulation and president that supports the status quo.
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It is the customers who are out the money and who would have to stand up against it, but typically the customers think that the FFL should be the one to do something about it.