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Old 01-08-2013, 5:36 PM
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Default What items are exempt from sales tax for an out-of-state transfer?

I've got a completed Daniel Defense Rifle on the way and I have some questions regarding what figure my FFL should charge state tax against.

From my dealings with auto body shops, they never charge tax on labor, just parts. Also, I don't believe I should be charged state tax on top of the federal excise tax; I have nothing to back this up but this would just seem completely unreasonable and double-dipping.

Below is my itemized list of what I ordered. My hope is that the $75 labor fee for custom gunsmithing (to P&W the comp) and the $207.13 federal excise tax will be deducted prior to figuring in state tax. Also, S&H should not be apart of the tax figure either as I've never done an online transaction before where it was included*.

With all the above factored in, I come to a value of $1,828 to be taxed at the county rate. Agree, disagree?

*The FFL I talked to already said that S&H would be included in the calculation, is this legit?

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Last edited by SiegeX; 01-08-2013 at 5:41 PM.. Reason: title
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Old 01-08-2013, 5:46 PM
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we always pay sales tax on the FAET when we buy a firearm from a CA dealer. we just don't normally see it itemized out.

just about every complete new firearm you see on the shelf at your local dealer had a 10-11% FAET applied to it before it even got to your dealer. It is included in the price that we pay for it.

So, I don't see why they would exempt you from paying CA sales tax because it was itemized out on your receipt.


edit: and CA's BoE has opined that shipping and handling IS taxable on a transfer.
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Old 01-08-2013, 5:49 PM
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Quote:
What items are exempt from sales tax for an out-of-state transfer?
Food.
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Old 01-08-2013, 5:50 PM
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What items are exempt from sales tax for an out-of-state transfer?
Food.
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Old 01-08-2013, 5:52 PM
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Originally Posted by ke6guj View Post
just about every complete new firearm you see on the shelf at your local dealer had a 10-11% FAET applied to it before it even got to your dealer. It is included in the price that we pay for it.
Ok, I wasn't aware of that. In fact I wasn't aware of the excise tax until I saw my itemized list from DD. Still, how about labor and S&H?
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Old 01-08-2013, 6:23 PM
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The tax would be based on is the $2122.08, as well as what the FFL charges for a fee.

Only a C&R handgun from an out of state private party, which is an occasional sale and the buyer has a C&R FFL would be exempt from sales tax.
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Old 01-08-2013, 7:53 PM
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Originally Posted by kemasa View Post
The tax would be based on is the $2122.08, as well as what the FFL charges for a fee.

Only a C&R handgun from an out of state private party, which is an occasional sale and the buyer has a C&R FFL would be exempt from sales tax.
Damn, what a bust. And to think that I would have saved upwards of $225 if I had been allowed to order the lower separately. So dumb
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