Unconfigured Ad Widget

Collapse

11% excise tax

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Eddy's Shooting Sports
    Senior Member
    • Sep 2011
    • 1327

    To try and help people understand this tax in simple terms, I will explain it as best I can. This is based on the CDTFA website and the two hour webinar they held for dealers on Thursday. It's probably easier to list the situations where the tax is not applicable than when it is....

    First off, this is a tax on retailers, not consumers. Not sure why they made such a point of this, but they did say that retailers are allowed to require consumers to reimburse them for the tax paid and that it should be invoiced as a separate line item from the product or sales tax. I seriously doubt you will find retailer willing to eat the tax, so expect to pay it.

    PPT simply transferred by an FFL is not taxed.
    Sales to LEO are not taxed if the LEO fills out the CDTFA form.
    Out of state sales from CA to other states are not taxed.
    Sales of less than $5K per quarter by an FFL are not taxed, but once $5K threshold is reached, everything sold that quarter is taxed, so expect to pay the tax.
    DROS is not taxed
    Sales Tax is not taxed.


    Tax is applicable to FIREARMS, AMMUNITION, and FIREARM PRECURSOR PARTS (as defined by CA DOJ).

    Anything DELIVERED 7/1 or after is subject to the tax, regardless of when the consumer paid for it.

    Retail sales - tax
    FFL transfer - tax
    Used guns - tax
    Consignment guns - tax
    Ammo transfers - tax
    any other scenario you might come up with - tax

    PS: transfer fees for guns and ammo are taxed.....

    Stop ragging on Turners and other FFLS about their policies. They are following the law.

    If you bought something from dealer that say "no tax if paid before 7/1", don't be surprised if they hit you up later for the tax after they get audited and are required to pay it after the fact.

    Let's all just hope we get an injunction on this as quickly as possible and it goes away, but in the mean time, expect to pay the tax in most situations.
    Greg David
    Eddy's Shooting Sports
    (650)969-GUNS

    400 Moffett Blvd., Suite F
    Mountain View, CA 94043

    www.eddysguns.com

    Tue-Fri 12-7, Sat 11-5

    Comment

    • big blaze
      Senior Member
      • May 2011
      • 537

      Originally posted by Eddy's Shooting Sports
      To try and help people understand this tax in simple terms, I will explain it as best I can. This is based on the CDTFA website and the two hour webinar they held for dealers on Thursday. It's probably easier to list the situations where the tax is not applicable than when it is....

      First off, this is a tax on retailers, not consumers. Not sure why they made such a point of this, but they did say that retailers are allowed to require consumers to reimburse them for the tax paid and that it should be invoiced as a separate line item from the product or sales tax. I seriously doubt you will find retailer willing to eat the tax, so expect to pay it.

      PPT simply transferred by an FFL is not taxed.
      Sales to LEO are not taxed if the LEO fills out the CDTFA form.
      Out of state sales from CA to other states are not taxed.
      Sales of less than $5K per quarter by an FFL are not taxed, but once $5K threshold is reached, everything sold that quarter is taxed, so expect to pay the tax.
      DROS is not taxed
      Sales Tax is not taxed.


      Tax is applicable to FIREARMS, AMMUNITION, and FIREARM PRECURSOR PARTS (as defined by CA DOJ).

      Anything DELIVERED 7/1 or after is subject to the tax, regardless of when the consumer paid for it.

      Retail sales - tax
      FFL transfer - tax
      Used guns - tax
      Consignment guns - tax
      Ammo transfers - tax
      any other scenario you might come up with - tax

      PS: transfer fees for guns and ammo are taxed.....

      Stop ragging on Turners and other FFLS about their policies. They are following the law.

      If you bought something from dealer that say "no tax if paid before 7/1", don't be surprised if they hit you up later for the tax after they get audited and are required to pay it after the fact.

      Let's all just hope we get an injunction on this as quickly as possible and it goes away, but in the mean time, expect to pay the tax in most situations.
      Will out of state intra familial transfers from father to son also be exempt from the 11% excise tax? Since an out of state intra familial transfer is considered a gift, I would guess its exempt but not sure.

      Comment

      • smittty
        Calguns Addict
        • Feb 2008
        • 6254

        Originally posted by Raptor3000
        I am thinking that used guns will also jump up in price due to this crappy additional 11% tax, what do you say?

        Thanks
        Definitely, tax free ppt will be more attractive.

        Buying activity usually increases before elections so this fall should see bump in ppt's.

        Comment

        • tkxpm
          Junior Member
          • Dec 2008
          • 10

          Originally posted by Eddy's Shooting Sports
          To try and help people understand this tax in simple terms, I will explain it as best I can. This is based on the CDTFA website and the two hour webinar they held for dealers on Thursday. It's probably easier to list the situations where the tax is not applicable than when it is....

          First off, this is a tax on retailers, not consumers. Not sure why they made such a point of this, but they did say that retailers are allowed to require consumers to reimburse them for the tax paid and that it should be invoiced as a separate line item from the product or sales tax. I seriously doubt you will find retailer willing to eat the tax, so expect to pay it.

          PPT simply transferred by an FFL is not taxed.
          Sales to LEO are not taxed if the LEO fills out the CDTFA form.
          Out of state sales from CA to other states are not taxed.
          Sales of less than $5K per quarter by an FFL are not taxed, but once $5K threshold is reached, everything sold that quarter is taxed, so expect to pay the tax.
          DROS is not taxed
          Sales Tax is not taxed.


          Tax is applicable to FIREARMS, AMMUNITION, and FIREARM PRECURSOR PARTS (as defined by CA DOJ).

          Anything DELIVERED 7/1 or after is subject to the tax, regardless of when the consumer paid for it.

          Retail sales - tax
          FFL transfer - tax
          Used guns - tax
          Consignment guns - tax
          Ammo transfers - tax
          any other scenario you might come up with - tax

          PS: transfer fees for guns and ammo are taxed.....

          Stop ragging on Turners and other FFLS about their policies. They are following the law.

          If you bought something from dealer that say "no tax if paid before 7/1", don't be surprised if they hit you up later for the tax after they get audited and are required to pay it after the fact.

          Let's all just hope we get an injunction on this as quickly as possible and it goes away, but in the mean time, expect to pay the tax in most situations.

          Comment

          • Enthused
            Junior Member
            • May 2024
            • 79

            Joe and Gavin are directly responsible for me joining the NRA and CRPA. It has gotten to the point where I'm willing to throw in additional money (beyond just supporting the industry via gun/ammo purchases and range fees) specifically to fight against these two worthless piles of ?.

            NRA & CRPA member

            Comment

            • steelholder
              Veteran Member
              • Jul 2010
              • 3326

              8m sure this has been confirmed already but this doesn't apply to ppt right?
              WTB 3rd Gen SW also looking for a 22 pistol with 6" bbl or longer

              Comment

              • Enthused
                Junior Member
                • May 2024
                • 79

                Tomorrow is the final day.

                GO OUT AND BUY AMMO TOMORROW.

                NRA & CRPA member

                Comment

                • riderr
                  Calguns Addict
                  • Sep 2013
                  • 6632

                  Originally posted by big blaze

                  Will out of state intra familial transfers from father to son also be exempt from the 11% excise tax? Since an out of state intra familial transfer is considered a gift, I would guess its exempt but not sure.
                  It's a gift, with no invoice included in the box. What's the tax base amount for it? Simple answer, it's zero

                  Comment

                  • Rocketman9mm
                    Member
                    • Aug 2015
                    • 289

                    can someone ELI5 how are they allowed to charge the 11% for a sale finalized before the law is in effect just because it wasn't handed over yet? why does when it was handed over matter?

                    Comment

                    • bigbossman
                      I need a LIFE!!
                      • Dec 2012
                      • 11074

                      Originally posted by Dan_Eastvale
                      Will approach the end of shooting sports for the average Joe in CA.

                      Growing up in SoCal guns and shooting was a common past time. My dad was a truck driver. He hunted every year near Quaking Aspens.

                      A great, cheap sport for all.

                      Soon, only the moneyed will claim the shooting sports in CA.
                      Hell, my first rifle was purchased at the Simi swap meet...... legally. That was a loooooong time ago.
                      Always looking for vintage Winchester and Marlin lever action rifles. Looking to sell? Know of one for sale? Drop me a line!

                      "Give a conservative a pile of bricks and you get a beautiful city. Give a leftist a city and you get a pile of bricks."

                      Comment

                      • Supersapper
                        Senior Member
                        • Jan 2014
                        • 1225

                        Originally posted by Rocketman9mm
                        can someone ELI5 how are they allowed to charge the 11% for a sale finalized before the law is in effect just because it wasn't handed over yet? why does when it was handed over matter?
                        Because while the money changed hands, the "sale" isn't complete until the firearm is delivered. What's behind the scenes is this: A sale is a "contract" of sorts, and all sales in California of anything must be legal and obey the law. A "sales contract" is not completed until both sides of the contract are satisfied, ie goods and services delivered / completed and payment made in full. Until both sides are fully completed, the "sales contract" is still open.

                        If the law changes while a contract is still open, the contract must be modified to comply with the new law, or else is becomes null and void.

                        As it applies to firearms, ammo and precursor parts, the law that changed was a new "fee" (or tax, or whatever it finally turns out to be) is levied on all open and new "sales contracts" involving LGSs beginning 01JUL24. Since the firearm "sales contract" requires the following:

                        1. Use of an LGS,
                        2. A 10 day hold on all firearms,
                        3. acknowledgement that the LGS is not prohibited from passing on that cost to the consumer

                        The buyer gets socked with the 11% when they come pick up the firearm. This was why many LGSs put up signs saying DROS must be started for firearms by COB 20JUN24.

                        I get that this is levied on inventory the LGS has, and not the consumer directly, but it is based on gross sales, IIRC, ie it is the sales price that determines the amount of the 11%.

                        Since PPTs have no sales price, the 11% is based on $0. $0.00 x .11 = 0 which is why PPTs are exempt.

                        Yes, this is a bit overthought...read the law, though. This is why the law is written the way it is. Or at least the only way it makes any sense to me.
                        --Magazines for Sig Sauer P6
                        --Walther P-38. Prefer Pre 1945
                        --Luger P08

                        Originally posted by ar15barrels
                        Don't attempt to inject common sense into an internet pissing contest.

                        Comment

                        • oscfifteen
                          Member
                          • Aug 2020
                          • 141

                          Comment

                          • Preston-CLB
                            Veteran Member
                            • Apr 2018
                            • 3776

                            Went to Big-5 here in Sonora today and purchased a goodly pile of 9mm and .22 LR, and 50 rnd box of Win .22.WMR Lead Free.

                            My veteran's discount really helps, and no tax other than sales tax.

                            Newsolini and his minions sure do a good job making sure Californians get dry-buggered!
                            -P
                            ? "If you want nice fresh oats, you have to pay a fair price. If you are satisfied with oats that have already been through the horse, well, that comes a little cheaper."

                            Comment

                            • Tarmy
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Feb 2016
                              • 4021

                              Wilson Protector .45, Springer 9mm Loaded, Franchi Instinct SL .12ga. and some other cool stuff for the kiddos...

                              Comment

                              • Supersapper
                                Senior Member
                                • Jan 2014
                                • 1225

                                I totally get it, and there may be nothing you can do now, but that was probably not legit. There not supposed to be able to charge it until the 1st. If you picked it up on 28th, that's just shady.

                                --Magazines for Sig Sauer P6
                                --Walther P-38. Prefer Pre 1945
                                --Luger P08

                                Originally posted by ar15barrels
                                Don't attempt to inject common sense into an internet pissing contest.

                                Comment

                                Working...
                                UA-8071174-1