Private party transfer question

[Bmeow]

I always let buyer inspect the gun and then let FFL inspect and prepare paper first, then collect cash in store before all paperwork are signed.

[Librarian]

It looks like the latest reference in that thread regarding tax on PPT is from 2014. "... a PPT, it would not be subject to sales tax unless the FFL gets involved finding the buyer/seller or with the price"
Looks like no mention of inside/outside the store. If this is the latest mention of this issue, hopefully it is definitive as well, I wish people would stop spreading this urban myth.

Here:
http://www.calguns.net/calgunforum/s...&postcount=243

So, if a CTDFA auditor determines an FFL knew the price by witnessing the $$ exchange, might that punctilious auditor assume, rightly or wrongly, that the FFL has been "involved ... with the price"?

Want to risk your business on that answer? Perhaps want to ask your lawyer about that choice?

[AregularGuy]

So, if a CTDFA auditor determines an FFL knew the price by witnessing the $$ exchange, might that punctilious auditor assume, rightly or wrongly, that the FFL has been "involved ... with the price"?

Want to risk your business on that answer? Perhaps want to ask your lawyer about that choice?

Well, I see your point. But I am not in the business. I wouldn't want anyone risking their livelihood and would respect their rules. Without seeing the exact wording of what Kemasa summarized I have nothing to base my assumption on. But knowing a price is not helping with a price. "hey, how much you selling that for?" is different than "you should sell that for $XXX". As it is also different from seeing money pass from one person's hand to another without mention of price at all.

If you hand me money right under the nose of the FFL and I take that money and count it in front of the FFL, or with my back turned, there is no involvement whatsoever on the part of the FFL of the "price", and in fact they would be entirely ignorant of the price if no one told them.

Of course my assumption and conjecture is completely useless as a layperson and non FFL/business owner. But we do have at least one FFL in this thread that directly answered this question, even offering the use of their money counting machine. It is unfortunate there is no consensus.

[Imageview]

Even if it's arguable (which I'm sure it is, it's something lawyers are involved in), it's polite to ask and respect the boundaries set by individual shops. Walking outside to hand someone an envelope isn't a significant risk. As a business person, if you ask someone to do something in your place of business respectfully I'm sure you expect compliance. No one wants to risk their business on an improper understanding (by whomever) of extremely complicated tax codes including the marketplace facilitator act. Even fighting is gonna a cost a bunch in terms of time and legal fees.

For the record in the ppt I did today I paid inside the store, after asking.

[edgerly779]

None of the ffls business how much money involved. They can never touch or hold any money for the firearm.

[John Browning]

It's pretty easy. As a seller, you just:

1) Demand nude photos of your buyer holding Government ID and that days newspaper as a good will security gesture.
2) Meet for transaction in a shop to inspect gun
3) Buyer gives you money
4) You give buyer gun
5) PPT happens

Some decide to skip step 1, but that's up to you.

[AregularGuy]

Even if it's arguable (which I'm sure it is, it's something lawyers are involved in), it's polite to ask and respect the boundaries set by individual shops. Walking outside to hand someone an envelope isn't a significant risk. As a business person, if you ask someone to do something in your place of business respectfully I'm sure you expect compliance. No one wants to risk their business on an improper understanding (by whomever) of extremely complicated tax codes including the marketplace facilitator act. Even fighting is gonna a cost a bunch in terms of time and legal fees.

For the record in the ppt I did today I paid inside the store, after asking.

This is entirely reasonable and agreeably low or no risk. I'm griping with the idea that you meet outside first, inspect gun in car or trunk, hand over money, then go inside and do paperwork. To each their own but in CA at least, and bay area in particular, not my preferred way to do business. In cash and carry states where each person probably probably has ccw anyway, no big deal.