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  #1  
Old 09-18-2017, 11:59 AM
Big Rich Big Rich is offline
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Default Does anybody know the Ca. laws on FFL's

Question;
Do I have to pay sales tax on a firearm purchased out of state from a private party /non dealer?
The reason I ask is;
A local (San Diego County) FFL did not charge me sales tax on a purchase from Gunbroker on 8/16/17. The same FFL told me I had to pay sales tax on a purchase from Gunbroker on 9/15/17. I told the worker that I did not pay the sales tax a month before. talk to the manager. The worker came back and told me there is no tax on a non dealer purchase. All Good.
The following day (today, Sunday) I get a call from the FFL worker telling that he has to charge sales tax because there is a dollar number on the receipt and they do not know the seller is not a dealer. I am confused and so are they.
Has this happened to anybody else? What does the law say? Any help would be greatly appreciated. Thank you kindly, Big Rich
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"The road to hell is paved with good intentions". Taquitaria,Cabo San Lucas 1972
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  #2  
Old 09-18-2017, 12:06 PM
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acespawnshop acespawnshop is offline
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read the sticky

http://www.calguns.net/calgunforum/s...d.php?t=366781Read the sticky.
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  #3  
Old 09-18-2017, 4:45 PM
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kemasa kemasa is offline
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The CA BOE changed their view, even though the law has not changed.

With limited exceptions, any firearm coming from out of state is subject to sales tax. The BOE sent out a letter about it. The excuse they use is that Federal law requires it go through a FFL, so it is subject to sales tax. Yeah, go find that in the Code. If state law requires it, then it does not require states tax. Gifts are exempted, as well if the non-CA seller is a private party, it is an occasional sale, the firearm is a C&R and the buyer has a C&R FFL, then it is not subject to sales tax.

It does not matter if there is a receipt or not, the FFL is require to submit the sales tax. They are not required to get it from the customer, but since most FFLs don't have unlimited money, they tend to get it from the customer. That FFL is going to have problems if audited, which happens.

You need to read the sticky on sales tax from first to last since changes occurred over time and until you get to the end, you might not see all the changes.
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  #4  
Old 09-20-2017, 9:28 PM
Big Rich Big Rich is offline
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Thanks for your help. I will pay the tax on this one. I better keep my mouth shut, cause I am still one ahead at this point.
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  #5  
Old 09-20-2017, 10:37 PM
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kemasa kemasa is offline
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If you want the FFL to continue to be in business, you should say something.
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