Interstate Interfamiliar Transfer

[Chewy65]

If an out of state parent sends you an off roster but otherwise legal handgun to transfer to their child, do you require them to enclose a "gift" letter or is a letter sufficient stating their name, the make, model, and serial number of the gun and they wish it to be transferred to (name), their natural son/daughter. If their is not "gift" mentioned, so you collect sales/use tax and if you do, how do you compute the amount? Thanks.

[Librarian]

Point of clarification - it's inTRAfamilial.

[Chewy65]

Point of clarification - it's inTRAfamilial.

You got me and I knew that, having seen you correct others a million times for making the mistake, and then I still do it.

[taperxz]

If an out of state parent sends you an off roster but otherwise legal handgun to transfer to their child, do you require them to enclose a "gift" letter or is a letter sufficient stating their name, the make, model, and serial number of the gun and they wish it to be transferred to (name), their natural son/daughter. If their is not "gift" mentioned, so you collect sales/use tax and if you do, how do you compute the amount? Thanks.

We look up market value from the manufacturer, vendor or places like gun broker depending on the firearm.

[ugimports]

if no gift letter we calculate value as we would for any other inbound private party transfer that doesn't have a bill of sale or auction reference. method we use is similar to taperxz.

[kemasa]

If an out of state parent sends you an off roster but otherwise legal handgun to transfer to their child, do you require them to enclose a "gift" letter or is a letter sufficient stating their name, the make, model, and serial number of the gun and they wish it to be transferred to (name), their natural son/daughter. If their is not "gift" mentioned, so you collect sales/use tax and if you do, how do you compute the amount? Thanks.

There are multiple issues.

If it is a gift, then that needs to be stated. If not, then it needs to be documented what they paid for it. It needs to be real, if not, it is best to transfer it at all. If they bought it, then sales tax applies.

The relationship needs to be documented for it to be a intrafamilial transfer.

If the family member bought the firearm with the intent to sell it to them and they filled out a 4473, then that would be a straw purchase, which is best to avoid. If they had the firearm and decided to sell it, that is acceptable.

[Chewy65]

Thanks for the explanation. I figured that FTB would get some one way or the other if there was no gift letter.

[Burbur]

I require a "gift letter"

We need this to substantiate two things: legitimacy of the roster exemption, and proof of the $0 tax basis.