FFL transfer question

[CBreezy]

Is it legal buy a gun through a private party from out of state, and if so, do FFL's charge tax?

[onelonehorseman]

Yes, as long as it ships to, and transfers though, a FFL dealer here in CA (not a PPT). Many Gunbroker sellers are private parties. If it is a handgun it must be on roster unless you are exempt.

Yes, they are required to collect CA sales tax.

[CBreezy]

Yes, as long as it ships to, and transfers though, a FFL dealer here in CA (not a PPT). Many Gunbroker sellers are private parties. If it is a handgun it must be on roster unless you are exempt.

Yes, they are required to collect CA sales tax.

Even if the gun is used?

[Librarian]

Even if the gun is used?

Yes.

California Board of Equalization will demand the 'use tax' or 'sales tax' from the FFL. Since few FFLs choose to subsidize their customers, the FFL will collect from the buyer.

[Pardini]

Yes.

California Board of Equalization will demand the 'use tax' or 'sales tax' from the FFL. Since few FFLs choose to subsidize their customers, the FFL will collect from the buyer.

If that's the case, why no tax on PPT?

[brianm767]

If that's the case, why no tax on PPT?

Basically, to me it doesn't make since and was difficult to understand, but read my answer from the SBOE in post 15, you'll see what were dealing with.

There are a few dealers still who do not collect tax on an out of state purchase from a private party, but they all received a letter from the SBOE telling them they were supposed to. A couple in my area do not collect it, but their fees are higher than those who do, so even in paying the tax with another FFL, its still cheaper, and of course if they don't collect it, your supposed to pay it with your state taxes when you file.

http://www.calguns.net/calgunforum/showthread.php?t=1059647

[Librarian]

If that's the case, why no tax on PPT?

The FFL doesn't handle the money.

The buyer, OTOH, legally should submit the sales/use tax with his/her yearly income tax.

[dadler]

The FFL doesn't handle the money.

The buyer, OTOH, legally should submit the sales/use tax with his/her yearly income tax.

FFL doesn't handle the money on new/non-PPT out of state transfers, yet they still collect use tax...

http://www.calguns.net/calgunforum/attachment.php?attachmentid=121637&d=1320712220

[Librarian]

FFL doesn't handle the money on new/non-PPT out of state transfers, yet they still collect use tax...

http://www.calguns.net/calgunforum/a...7&d=1320712220

Those are not PPT - PPT is a special thing for transfer between 2 CA residents. All the PPTs I have done, I handed over $$ outside the shop - FFL saw only the gun, the paperwork, and the DROS fee.

Your problem is with the Board of Equalization - I'm not defending them. See also https://www.boe.ca.gov/lawguides/bus.../495-0843.html

ETA see yet more in the sticky in the FFL Forum, http://www.calguns.net/calgunforum/s...d.php?t=366781

[CBreezy]

So theoretically an FFL wouldn't have to collect tax as long as you told them you were going to put it on your taxes at the end of the year?

[Pardini]

So theoretically an FFL wouldn't have to collect tax as long as you told them you were going to put it on your taxes at the end of the year?

Some will let buyers sign a disclaimer and not collect tax on anything that they don't handle the money on.