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Another FFL CA Sales Tax Question

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  • BigBlueBoy
    Junior Member
    • Jan 2022
    • 15

    Another FFL CA Sales Tax Question

    Hello - Unfortunately, I can't post to the original FFL CA Sales Tax post since it's too old...Here's my situation:

    I've purchased an AR15 from Sportsmans Outdoors based out of OH. Since I'm having my rifle get "CA-neutered" by an AZ FFL/middleman, I listed the shipping address to that AZ FFL/middleman's location. Sportsmans charged me a Sales Tax when I made the online purchase which I'm assuming is the AZ tax rate.

    When my AZ middleman sends the CA-neutered AR15 to my local CA FFL, would a CA Sales Tax be imposed? Remember, I already paid a sales tax with Sportsmans at the time of purchase. Would it be the difference between the AZ tax & CA tax?


    Thank you in advance!
  • #2
    BigBlueBoy
    Junior Member
    • Jan 2022
    • 15

    Thank you very much, Kingransom!

    Comment

    • #3
      acespawnshop
      CGN/CGSSA Contributor
      CGN Contributor
      • Jun 2012
      • 2852

      Technically the middlemans fee and cost is taxable also. But I highly doubt most FFLs do this one correctly.
      Interstate Transfers $100 (DROS included with the price)
      Email acesjewelryandloan@hotmail.com if you need us to do a transfer!
      Or call 626-968-5900

      Follow us on Facebook @acesjewelryandloan Need Cash Fast? Get a loan on your firearms here!

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44652

        Originally posted by BigBlueBoy
        Hello - Unfortunately, I can't post to the original FFL CA Sales Tax post since it's too old...!
        I believe you can.

        Scroll all the way to the bottom.

        You'll see
        Old Thread Warning
        This Thread is more than 1249 days old. It is very likely that it does not need any further discussion and thus bumping it serves no purpose.

        If you still feel it is necessary to make a new reply, you can still do so though.

        I am aware that this Thread is rather old but I still want to make a reply.
        In front of "I am aware ..." is a check box. Check the box, and the software will let you post.
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

        Comment

        • #5
          taperxz
          I need a LIFE!!
          • Feb 2010
          • 19395

          Originally posted by acespawnshop
          Technically the middlemans fee and cost is taxable also. But I highly doubt most FFLs do this one correctly.
          Yes, plus the sales tax collected might be state law in Arizona and California will want their pound of flesh too.

          Comment

          • #6
            acespawnshop
            CGN/CGSSA Contributor
            CGN Contributor
            • Jun 2012
            • 2852

            Yeah Tape. Middle man stuff is always fun.......
            Interstate Transfers $100 (DROS included with the price)
            Email acesjewelryandloan@hotmail.com if you need us to do a transfer!
            Or call 626-968-5900

            Follow us on Facebook @acesjewelryandloan Need Cash Fast? Get a loan on your firearms here!

            Comment

            • #7
              Nardo1895
              Senior Member
              • Jun 2016
              • 965

              Originally posted by taperxz
              Yes, plus the sales tax collected might be state law in Arizona and California will want their pound of flesh too.
              Ditto that. If I were your FFL, I'd want to see evidence that you paid CA sales tax. IMO, the fact you might have paid AZ sales tax doesn't impact your CA tax obligation. Maybe the seller can clarify that for you.

              Comment

              • #8
                ronlglock
                CGN/CGSSA Contributor
                CGN Contributor
                • May 2011
                • 2670

                Originally posted by Nardo1895
                Ditto that. If I were your FFL, I'd want to see evidence that you paid CA sales tax. IMO, the fact you might have paid AZ sales tax doesn't impact your CA tax obligation. Maybe the seller can clarify that for you.

                Our controller spent a lot of time on the phone with the franchise tax board and decided that unless a receipt explicitly states CA TAX PAID, we have to charge tax on the full invoiced amount or an audit may not go the way we like.
                sigpic

                NRA/USCCA/DOJ instructor, NRA CRSO, Journalist

                Comment

                • #9
                  hermosabeach
                  I need a LIFE!!
                  • Feb 2009
                  • 19450

                  Not a gun answer... but a USE TAX FAQ

                  If you purchased something and paid sales tax lower than CA, you owe the difference to CA

                  The California Use Tax of 7.5% must be paid on any items purchased out of state or online on which the taxpayer has not paid the California sales tax.
                  Rule 1- ALL GUNS ARE ALWAYS LOADED

                  Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

                  Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

                  Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
                  (thanks to Jeff Cooper)

                  Comment

                  • #10
                    Nardo1895
                    Senior Member
                    • Jun 2016
                    • 965

                    Originally posted by hermosabeach
                    Not a gun answer... but a USE TAX FAQ

                    If you purchased something and paid sales tax lower than CA, you owe the difference to CA

                    https://www.tax-rates.org/california/use-tax
                    That is pretty interesting. I'd feel better about using that advise if the source was the Franchise Tax Board, or whatever they call themselves these days.

                    This is somewhat off topic, but about a year ago I got a call and email from the FTB telling me I was wrong to use "Use Tax" on transfers I did from out of state. They made me go back and change about a dozen quarterly filings from use tax to sales tax. Since then I no longer report it as Use Tax, I report it as Sales Tax. It plays 'L with my books to do it that way but that is a different matter.

                    In any case, what they made me do is in significant conflict with what that FAQ says which makes me question its accuracy or its applicability. I suspect the difference is that as far as CA is concerned, we (transfer FFL) are the retailer unless the out of state retailer paid the CA sales tax directly.

                    Comment

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