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California handguns Discuss your favorite California handgun technical and related questions here. |
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#81
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The fictitious receipt would come from the gun buyer. I suspect that goes on with the Dmv and transfers more than we know.
Again, if you as a receiving dealer are presented with a receipt from the buyer how are you to know the true value paid? |
#82
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Sellers also give fake receipts, been there, got the fake receipt with an invoice (which was included by mistake) with a higher amount than the receipt.
If the FFL thinks that the price does not match what the value seems to be, then the FFL might not want to do the transfer. It is a really bad position to be in since it is a no-win situation.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#84
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The same reason as to why the seller of a vehicle would put a false amount on the transfer, to do the buyer a favor so as to reduce the amount of sales tax that has to be paid.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#86
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One exception to the California collection of sales tax on imported firearms is when you have the piece sent to a military rod and gun club (which obviously has a FFL). They don't charge Calif sales tax. Of course, you need to be qualified to be a member of that club e.g., military) and have paid your membership fees.
Dan |
#88
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1 in 30 rule DROS or purchase date
Does anybody know if the 1 in 30 day rule applies to how often you can file a DROS or how often you actually purchase a firearm. For instance, if I purchased and DROSed on May 1, pickup on May 11, can I order another firearm before May 31 from out-of-state for a local FFL to hold until after May 31? Or, do I have to wait until after May 31 to actually purchase from out of state to send to local FFL?
Thanks. |
#89
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Quote:
than one handgun within any 30-day period.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#90
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If you look at the submitted DROS form, it will have the last date and time to be able to pick up the firearm. This plus 1 second is the time that you can submit another DROS for a handgun (unless one of them is exempt from the 1 in 30).
You need to ask your FFL if they are willing to hold the firearm until you can submit the DROS. Some might, others might charge storage and others might not want to deal with it at all. As said, the limit is in submitting the DROS, not "buying" firearms to be delivered to your FFL.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#91
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We in WA state have had this tax for about a year now.
All internet guns,,no exceptions. with the added $30 to $70 or more sales tax, on top of the $35 fee. Us gun owners are stuck with this added cost if we ever decide to sell the gun. My $350 LCP now sits idle as I don't want to lose on it, but am going to have to do so in order to get money together for a CZ97BD. I'll have to pay sales tax on the gun from CZ-USA as well. The seller must include the selling price on paper, or the Dealer will charge the sales tax at the Retail price of the gun. Really no fun trading guns (always legally) these days as the owner usually eats that sales tax. |
#92
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The Progs always find new ways to undercut 2A. This is no difference than a poll tax to suppress black voters in the Jim Crow South. Sent from my iPhone using Tapatalk
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If you find yourself in a fair fight, you're doing it all wrong. |
#93
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There's a way to buy new guns in the state of California and NOT pay any sales tax. If you purchase a firearm from an individual seller or a non-FFL you're good to go, no sales tax, like a PPT. There's a lot of individual sellers on Gunbroker selling new guns tax free
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#94
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There are a couple of cases where it is not subject to sales tax, but not the general case.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#95
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#97
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That is not to say that there are FFLs who are going to get a big surprise should they get audited by the BOE. http://www.calguns.net/calgunforum/a...6&d=1395273661
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#98
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I have heard that they do that with everyone. It is not legal, but if they can get some to give them money then they win, just like with the spam email.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#99
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Look at your CA form 540. There is a line that asks, how much did you buy out of state without taxes. Next line, calculate the CA sales tax and send it in. Sent from my iPhone using Tapatalk
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If you find yourself in a fair fight, you're doing it all wrong. |
#100
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While that is true, if you look at the reference, it was made with respect to INCOME tax. Slight change in specifics. I have heard stories of CA demanding income tax for pension money which the person receives after the person moves out of CA, but that the pension was earned when in CA.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#101
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The FTB puts the out of state purchases disclosure on the form 540 (State income tax) because its the most convenient place they can ask a CA resident for this disclosure under threat of perjury. As a CPA I can tell you your chance of getting audit is very very slight, however if they do audit you, your credit card purchases are going to be one of the first places they look for sale tax avoidance. I wouldn't lose sleep over it, unless you tax advisor indicates you have a high risk of audit. Sent from my iPhone using Tapatalk
__________________
If you find yourself in a fair fight, you're doing it all wrong. |
#102
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INCOME TAX FROM A PENSION, not sales tax, is what was referenced. Go back and RE-READ ALL OF THE POSTS. I mentioned it once already, yet you keep not bothering to read. PLEASE READ BEFORE REPLYING: Quote:
I might also point out that what you said does not relate to the discussion with respect to FFLs and the obligation to submit the sales tax on firearms which are transferred from out of state private parties.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein Last edited by kemasa; 02-20-2017 at 6:40 PM.. |
#104
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New or used does not matter when it comes to sales tax and FFLs. If the firearm goes through a CA FFL it is subject to sales tax with some exemptions. Sales tax is due in the case of a CA PPT where the CA FFL finds the buyer and/or seller and/or gets involved in the sales price. If the firearm is a C&R and the seller is a private party, it is an occasional sale, not from a business and the buyer has a C&R FFL it is not subject to sales tax regardless of whether it is from out of state or not. If the firearm is from within CA and the seller is a private party, it is an occasional sale, not from a business then it is not subject to sales tax as long as the FFL does not find the buyer or seller and does not get involved in the sales price. If it is a gift, it is not subject to sales tax.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#105
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#106
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Based on your "logic", one would assume it is legal to exceed the speed limit because so many drivers do so all the time, but some get caught and you don't see all of those who get caught. Please don't tell people false information. I doubt that ANY CA FFL wants to collect the sales tax, but they are REQUIRED to. So while I have official information about it, what do you have other than your incorrect opinion? Oh, to answer your question, it would take infinite more calgunners. I also don't care that not all FFLs agree with the LAW as stated by the CA BOE, not my interpretation. I don't agree with the CA BOE, but I have not been successful it getting it changed. What will it take to get you to understand such a simple concept that the law trumps experiences which violate the law?
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein Last edited by kemasa; 03-08-2017 at 4:36 PM.. |
#107
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As you know, the amount of tax is based on the purchase price of the gun ... |
#108
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Your reply is about 5 years, 3 pages, and 106 replies late, lol.
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#109
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It is also not Use Tax either. The FFL is a CA retailer, so it is sales tax and the CA BOE changed their view to say that because Federal law requires it go through a FFL, that it is somehow subject to CA sales tax. Remember that when you vote for the BOE representative and consider running. It seems that they really don't answer to anyone. :-).
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#110
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So with that being said and argued... I should expect to pay taxes on a pistol I bought and shipped from out of state to my FFL. I was in the impression of PPT is tax free. I'm new to calguns and I'm loving my first day already. Very informative.
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#111
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Wow. TN is one of the heaviest sales tax States in the country (9.25% total sales tax) and our gas tax is absurd too. As close as we have to THIS, though, is if you buy something online from Amazon you have to pay a "use tax" that Amazon is legally required to collect from TN residents. They have a fulfillment center in Cleveland, TN and are considered a "Tennessee business" because of that.
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Tennessee: The Shootin'est State in the Land of the Free. Official Weapon: Barrett M82 Famous Riflemen: Alvin York, Col. David Crockett |
#112
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"PPT" is Private-Party Transfer and has a very specific meaning in CA. your scenario is not a PPT. it is not tax-free and is also not limited to the $35 PPT maximum fee ($25DROS + $10 dealer fee). because it is not a PPT, your FFL may charge you whatever dealer fee he wishes, and isn't required to facilitate the transfer for you if he doesn't want to. his transfer fee could be anywhere from $25-200, whatever he wishes.
__________________
Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#113
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In general, a CA PPT is not subject to sales tax, but if the FFL gets involved in finding the buyer and/or seller or gets involved in the sales price, then it is subject to sales tax.
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#114
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Hate to dig this back up, but seems relevant. This is regards to Blade Gunners post & relevance. Not bringing up the Income Tax aspect, just sales/use.
If you were to buy a gun that somehow didn't get taxed, you WOULD be required to report it on your 540 as well as other internet sales. Even though collected on the Income Tax return, it is USE tax being collected for the BOE by the FTB. I bring this up because we have to fill in this section of the return UNDER PENALTY OF FRAUD in order to be able to EFile the return. Also, usually, if the sales tax is shown on the out-of-state sales invoive, then the buyer would only be subject to the difference between the CA sales tax (including local sales tax) & the amount actually billed. |
#115
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If you bought an item from Walmart online and they did not collect CA sales tax even though they have a CA presence, I don't think that you would owe it. Quote:
Again, this would be a retailer error and the retailer is responsible for submitting the sales tax, not the buyer. Yes, if you buy an item from a non-CA business, then you owe the tax on your income tax return, but that is a different issue.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#116
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I realize this thread is old, but it looks like the right place to ask this since it hasn't been covered yet:
I am about to buy a gun from grabagun.com, a TX company I believe, but their website is collecting sales tax automatically. This appears to be a new thing since I've purchased guns from them before but was never charged tax 'till now. So, if an out-of-state internet retailer is collecting CA sales tax, I assume like how some other big internet retailers are currently doing, does my FFL still collect sales tax when submitting the DROS? Thanks! |
#117
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#118
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You need to make sure that the transfer dealer is informed that CA sales tax has been collected. I have seen invoices that were shipped with the gun not detail the sales tax, but the receipt sent to the buyer include it.
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
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