In-state transfer taxed

[GREASY357]

Sorry I still don't see where this is written and neither does the seller.

I bought the rifle from a guy online (who is also in California) that has a C&R license (he does not have a business)

I choose the FFL, go there and have them send their info to him. They tell me transfer fee and dros and I'll be good to go.

Guy ships rifle to the FFL, when it arrives I call to let them know I'm coming to check it out and they tell me "The seller did not include an invoice with proof that he collected sales tax from you, he has to send that. If the seller didn't collect sales tax from you, he has to send the invoice and we will have to collect sales tax on the total sale which is price paid for firearm + shipping"

I have not found anything on this for transfers that are not out of state and was wondering if any of you know of this

[SkyHawk]

He should have included a note indicating this was a personal sale and that he is an infrequent seller, who is not in the business of selling firearms.

[GREASY357]

He should have included a note indicating this was a personal sale and that he is an infrequent seller, who is not in the business of selling firearms.

I told the FFL this and they said it doesn't matter, sales tax has to be collected

[kemasa]

I told the FFL this and they said it doesn't matter, sales tax has to be collected

They are wrong. Because it is in-state and is a private sale, occasional sale and not from a business, it isn't subject to sales tax. There needs to be a letter to document it.

As a side note, is it a C&R firearm? If so, I have a letter from the BOE, which is posted on the sales tax FAQ, regarding sales tax on out of state private firearm purchases for C&R FFL holders.