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Taxing Labor? FFL Transfer

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  • jasnusc
    Junior Member
    • Dec 2015
    • 11

    Taxing Labor? FFL Transfer

    I am buying a brand new On Roster gun from out of state and having it shipped to an FFL in California.

    I'm paying $1000 for the gun and parts and $300 in custom labor. Should the FFL be taxing me the $300 for labor or just the $1000 in gun and parts?

    If you happen to know a tax code or rule that I can show them I would appreciate it.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    BoE says that everything involved inthe transfer, other than the state's S$25 DROS fee is to be taxed, the dealer transfer, the shipping costs, everything.

    if the dealer is gonna do the $300 in custom labor, have him do that AFTER you complete DROS so it is just labor and not taxed.

    but if the labor is done on the gun before it is DROSed, by either the seller or the LGS, then BoE is gonna say that the value of the gun your receiving is $1300 and they are gonna want tax on $1300
    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.

    Comment

    • #3
      DEPUTYBILL
      Senior Member
      • Mar 2007
      • 873

      Originally posted by ke6guj
      BoE says that everything involved inthe transfer, other than the state's S$25 DROS fee is to be taxed, the dealer transfer, the shipping costs, everything.

      if the dealer is gonna do the $300 in custom labor, have him do that AFTER you complete DROS so it is just labor and not taxed.

      but if the labor is done on the gun before it is DROSed, by either the seller or the LGS, then BoE is gonna say that the value of the gun your receiving is $1300 and they are gonna want tax on $1300

      You need to be careful about the custom work if it is done before the Dros.
      Depending on the work done, it could be considered an off roster gun, and unless you are roster exempt, you might not be able to buy it.
      To be safe, I would Dros it first,then have the custom work after the Dros is completed and the gun is yours.

      Comment

      • #4
        ugimports
        Vendor/Retailer
        • Jun 2009
        • 6250

        Originally posted by DEPUTYBILL
        You need to be careful about the custom work if it is done before the Dros.
        Depending on the work done, it could be considered an off roster gun, and unless you are roster exempt, you might not be able to buy it.
        To be safe, I would Dros it first,then have the custom work after the Dros is completed and the gun is yours.
        +1 -- Salient Arms for awhile was asking FFLs to DROS their guns as standard Gen3 Glocks (post modification before DROS).. I think they finally realized that was a problem after many FFLs refused to do the transfers that way (including me).

        Consider this for reference: If the DOJ considers a different color of a gun (everything else being equal) as a separate line item for the roster than realize anything more than the regular sights/night sights exception is likely not on the roster.
        UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
        Closure Schedule: http://ugimports.com/closed
        web​ / email / vendor forum

        I AM THE MAJORITY!!!

        Amazon Links Posted May be Paid Links

        Comment

        • #5
          kemasa
          I need a LIFE!!
          • Jun 2005
          • 10706

          Originally posted by ke6guj
          BoE says that everything involved inthe transfer, other than the state's S$25 DROS fee is to be taxed, the dealer transfer, the shipping costs, everything.
          The DROS is NOT subject to sales tax, everything else is as you said. Look up the BOE info and it specifically says that it is not tax. It used to be, but that was 1999.
          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

          Comment

          • #6
            kemasa
            I need a LIFE!!
            • Jun 2005
            • 10706

            Any modifications with the exception of sights, but including engraving, makes it off roster.
            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

            Comment

            • #7
              ke6guj
              Moderator
              CGN Contributor - Lifetime
              • Nov 2003
              • 23725

              Originally posted by kemasa
              The DROS is NOT subject to sales tax, everything else is as you said. Look up the BOE info and it specifically says that it is not tax. It used to be, but that was 1999.
              that's what I said, the $25 DROS fee is not taxed, everything else is.
              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.

              Comment

              • #8
                j-shot
                Senior Member
                • Jan 2014
                • 1646

                Originally posted by ke6guj
                BoE says that everything involved inthe transfer, other than the state's S$25 DROS fee is to be taxed, the dealer transfer, the shipping costs, everything.

                if the dealer is gonna do the $300 in custom labor, have him do that AFTER you complete DROS so it is just labor and not taxed.

                but if the labor is done on the gun before it is DROSed, by either the seller or the LGS, then BoE is gonna say that the value of the gun your receiving is $1300 and they are gonna want tax on $1300


                Of course they do.

                It isn't cheap feeding those that aren't supposed to be here nor is it cheap infringing our rights.

                Originally posted by Citadelgrad87
                ...what we have here is a hillary panty sniffer...
                Originally posted by Appleseed
                A Rifleman understands that owning and mastering a rifle is part of his heritage as an American.
                Originally posted by ProShooter
                No man, butt rape is happening like, all of the time in prison. It's basically just one huge orgy.

                Comment

                • #9
                  kemasa
                  I need a LIFE!!
                  • Jun 2005
                  • 10706

                  Sorry, reading it too quick and I saw "DROS fee is to be taxed".
                  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

                  Comment

                  • #10
                    ke6guj
                    Moderator
                    CGN Contributor - Lifetime
                    • Nov 2003
                    • 23725

                    Originally posted by kemasa
                    Sorry, reading it too quick and I saw "DROS fee is to be taxed".
                    I see that I missed a comma.


                    BoE says that everything involved inthe transfer, other than the state's S$25 DROS fee, is to be taxed; the dealer transfer, the shipping costs, everything.

                    that should read better.
                    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.

                    Comment

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