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Do You Pay Tax if a gun is shipped to your local FFL?

Discussion in 'Guns & Hunting' started by CNEDEER, Apr 7, 2012.

  1. Apr 7, 2012 at 7:59 PM
    #1
    CNEDEER

    CNEDEER [OP] If ya ain't first, your last!

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    So if I purchase a gun from an out of state seller, or vendor or say from gunbroker.com and they ship it to my FFL, do I pay tax on that firearm?
     
  2. Apr 7, 2012 at 8:08 PM
    #2
    RCBS

    RCBS "Cause I'm mighty proud of that ragged old flag."

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    I don't think...but am unsure. Your ffl is merely registering/transferring it. Tax should be paid if applicable at time of purchase.
     
  3. Apr 7, 2012 at 8:56 PM
    #3
    1980

    1980 Well-Known Member

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    From ohioguns.us:

    When you purchase something outside of Ohio and bring it into Ohio, you are subject to the Ohio "Use Tax" - which is the same as the Sales Tax.​

    From tax.ohio.gov:

    If the seller is not located in Ohio and does not have substantial nexus with Ohio, the seller cannot be required to collect and remit Ohio use tax. However, the purchaser will still owe Ohio use tax on the purchase of goods or services, unless the purchaser has a statutory basis for claiming exception or exemption.​

    You are not going to be exempt unless you are buying for a church or federal agency, etc..

    Edit: more info from the tax site:

    One of the main reasons for the use tax is to protect Ohio vendors from unfair competition from out-of-state sellers, since the in-state merchant is required to collect sales tax when selling to an Ohio resident or business. All states that have a sales tax have a use tax.​

    http://tax.ohio.gov/faqs/Sales/sales_basics.stm#A5

    Payment of use tax is usually done via your state tax return. Can you get away with not paying it? Maybe, unless you are audited then you will probably wish you had paid it.
     
  4. Apr 7, 2012 at 9:32 PM
    #4
    wileyC

    wileyC Well-Known Member

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  5. Apr 7, 2012 at 9:45 PM
    #5
    Rich91710

    Rich91710 Well-Known Member

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    It depends on your state law.

    In California, if the sale would be taxable if it took place within the state, then the transfer is taxable, and the FFL transfer fee is taxable.
    If the sale would not normally be taxable (private party) within California, then the transfer and FFL transfer fee is not taxable.

    This has always been the law, but it has been unenforced until the last year when FFLs have been notified that they MUST collect tax on out of state transfers.
     
  6. Apr 7, 2012 at 10:58 PM
    #6
    Rich91710

    Rich91710 Well-Known Member

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    Bullshit

    And I haven't taken pictures of all of them yet....

    ar145-2.jpg
    rianewgripsmall.jpg
    right.jpg
    357-2.jpg
     
  7. Apr 7, 2012 at 11:09 PM
    #7
    wileyC

    wileyC Well-Known Member

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    you can't have those! they're scary and designed to be fired from the hip :D

    nice AR! pre-ban?
     
  8. Apr 7, 2012 at 11:38 PM
    #8
    Rmodel65

    Rmodel65 Yukon Cornelius

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    looks like the ar has a bullet button and a 30 round mag with rivets in the mag to limit capacity
     
  9. Apr 8, 2012 at 12:03 AM
    #9
    Rich91710

    Rich91710 Well-Known Member

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    We can have no "evil features", like my 20" AR, and use a detachable mag, including 30+ rounders.
    If we have evil features (of which the bayo lug is NOT one), then we have to have a bullet button, and even if we have legal high caps, they can't be used since >10rds with a fixed mag is a secondary AW category.

    So yes... that magazine is blocked to accept only 10 rounds and there is a bullet button installed.
     
  10. Apr 8, 2012 at 12:04 AM
    #10
    Rich91710

    Rich91710 Well-Known Member

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    Satoshi with FJ badge, factory cruise, factory intermittent wipers, Redline Tuning hood-lift struts, Hellwig Swaybar, Rosen DVD-Nav
    GOOD eye catching both of those.
    I thought the paint did a decent job of hiding the BB.
     
  11. Apr 8, 2012 at 7:05 PM
    #11
    wileyC

    wileyC Well-Known Member

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    hmm.. would've thought the bayo lug would be considered evil there, ...glad to hear it's not... of course all the criminals/thugs mod theirs to be in "compliance" w/ CA law, i'm sure :rolleyes:

    nice paint job - looks great!
     
  12. Apr 8, 2012 at 7:09 PM
    #12
    G.T.

    G.T. Official TW Burrito Inspector

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    Sweet piece. Favorite of the ones you've shown.
     
  13. Apr 8, 2012 at 7:42 PM
    #13
    Rich91710

    Rich91710 Well-Known Member

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    No idea why it's not, especially since it was a part of the Federal ban and is still an issue on 922(r) compliance for importation
    My most recent acquisition too. It was grandpa's. The serial number dates it at 1917. Mom gave it to me when I visited a couple of months ago. Fortunately, I have an 03FFL so I was able to bring it back to the PRC when I came home.
    Haven't fired it yet. I stripped it and replaced the recoil and firing pin springs, then 4 days before I was planning to take it to the range I shut my trigger finger in the door of my truck.
    Finger is still fucked up, but I might be able to go shooting in a week or two.
     
  14. Apr 9, 2012 at 3:13 AM
    #14
    JDCPA

    JDCPA Well-Known Member

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    Florida has a use tax on anything imported into the state that is supposed to be collected by the FFL. That doesn't mean they all do it.
     
  15. Apr 9, 2012 at 11:06 AM
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    thinkingman

    thinkingman Well-Known Member

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    Until last year, you did not pay sales tax in Washington.
    Now, I get nicked for 9.625% on every item UNLESS I make it a trade for a like-priced item (wink!).
     
  16. Apr 9, 2012 at 6:34 PM
    #16
    Rich91710

    Rich91710 Well-Known Member

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    That has been the case here, but someone in Suckramento realized that since gun transfers have to go through an FFL, it's "low hanging fruit" for them to have the BOE enforce the collection.

    On any other out of state purchase, we are on the honor system to report it on our state tax return.
     
  17. Apr 9, 2012 at 7:30 PM
    #17
    CNEDEER

    CNEDEER [OP] If ya ain't first, your last!

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    Just bought a sig 229 off of gunbroker.com. Got it for a great deal, actually. Talked to local FFL here, it'll cost me 20 bucks for the transfer. No tax collected. If I recall correctly, I think I remember filling out taxes this year where there was some type of box you could fill in if you bought something out of state and didn't pay taxes on, so I imagine I would file it there.
     
  18. Apr 10, 2012 at 5:47 PM
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    oldstick

    oldstick Middle Age Member

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    I heard from my good friend in LA California, who loves to visit here in Ga and shoot whatever he wants, the AR copies are only .22 rimfire caliber out there. Without mucho extra paperwork and expense, that is.

    Is this true?
     
  19. Apr 10, 2012 at 7:24 PM
    #19
    Rich91710

    Rich91710 Well-Known Member

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    No.

    Well... Not exactly.

    Paperwork?
    It's identical for any long gun. Federal 4473 that anyone has, and the state DROS (no serial number, make, or model information on the long gun DROS until 2014).

    Now... if you are talking an EXACT AR copy with a detachable magazine, then yes, there are only two paths for that. Rimfire rifles are exempt from our assault weapon laws.
    For centerfire, the pathway for an exact AR is closed. You would have had to have owned the gun prior to the ban and registered it in 1990 or 2000. No amount of money or paperwork can legally get you a "featured" AR with a detachable magazine today. The law does not allow for the sale or transfer to non-exempt persons. There are limited exemptions for military (valid only while in possession of orders stationing in California, weapon must leave the state when those orders expire), and for LEO (must be a departmental requisition).

    BUT....

    My camo rifle pictured above has a full complement of "evil features", but the "bullet button" makes it legal.
    It is not "capable of accepting a detachable magazine" since I need to use a tool to remove the magazine.
    The law conveniently defines a "bullet tip" as a "tool".
    This was written into the law to specifically allow the fixed-magazine SKS, which is designed for the magazine to be removed using a bullet tip.
    So today, there are tens of thousands of AR clones that have a full set of features and a bullet button.

    Bullet-button equipped rifles are still subject to the 30" minimum OAL, and are also limited to a maximum of 10 rounds.
     
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