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  #81  
Old 06-21-2013, 2:59 PM
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The fictitious receipt would come from the gun buyer. I suspect that goes on with the Dmv and transfers more than we know.
Again, if you as a receiving dealer are presented with a receipt from the buyer how are you to know the true value paid?



Quote:
Originally Posted by kemasa View Post
If the BOE finds out a company is putting committing sales tax evasion by creating false receipts, then they can go to the FFL and go after them for the money. While this might be rare, it is still a risk.
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  #82  
Old 06-21-2013, 3:05 PM
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Sellers also give fake receipts, been there, got the fake receipt with an invoice (which was included by mistake) with a higher amount than the receipt.

If the FFL thinks that the price does not match what the value seems to be, then the FFL might not want to do the transfer. It is a really bad position to be in since it is a no-win situation.
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  #83  
Old 06-21-2013, 3:27 PM
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Yes, I have no idea why a seller of a firearm would give a false receipt. With the way things are at the moment there is no need to.
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  #84  
Old 06-21-2013, 3:38 PM
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Originally Posted by digger2 View Post
Yes, I have no idea why a seller of a firearm would give a false receipt. With the way things are at the moment there is no need to.
The same reason as to why the seller of a vehicle would put a false amount on the transfer, to do the buyer a favor so as to reduce the amount of sales tax that has to be paid.
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  #85  
Old 06-21-2013, 8:38 PM
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My experience has been that people ask that the sales price box be left empty.
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  #86  
Old 02-24-2014, 9:01 PM
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One exception to the California collection of sales tax on imported firearms is when you have the piece sent to a military rod and gun club (which obviously has a FFL). They don't charge Calif sales tax. Of course, you need to be qualified to be a member of that club e.g., military) and have paid your membership fees.

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  #87  
Old 03-29-2014, 6:04 AM
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Thanks Useful info
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  #88  
Old 05-09-2014, 4:12 PM
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Default 1 in 30 rule DROS or purchase date

Does anybody know if the 1 in 30 day rule applies to how often you can file a DROS or how often you actually purchase a firearm. For instance, if I purchased and DROSed on May 1, pickup on May 11, can I order another firearm before May 31 from out-of-state for a local FFL to hold until after May 31? Or, do I have to wait until after May 31 to actually purchase from out of state to send to local FFL?

Thanks.
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  #89  
Old 05-09-2014, 8:20 PM
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Originally Posted by manini View Post
Does anybody know if the 1 in 30 day rule applies to how often you can file a DROS or how often you actually purchase a firearm. For instance, if I purchased and DROSed on May 1, pickup on May 11, can I order another firearm before May 31 from out-of-state for a local FFL to hold until after May 31? Or, do I have to wait until after May 31 to actually purchase from out of state to send to local FFL?

Thanks.
27535. (a) No person shall make an application to purchase more
than one handgun within any 30-day period.
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  #90  
Old 05-10-2014, 10:48 AM
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If you look at the submitted DROS form, it will have the last date and time to be able to pick up the firearm. This plus 1 second is the time that you can submit another DROS for a handgun (unless one of them is exempt from the 1 in 30).

You need to ask your FFL if they are willing to hold the firearm until you can submit the DROS. Some might, others might charge storage and others might not want to deal with it at all. As said, the limit is in submitting the DROS, not "buying" firearms to be delivered to your FFL.
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  #91  
Old 06-08-2014, 7:08 AM
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We in WA state have had this tax for about a year now.

All internet guns,,no exceptions.

with the added $30 to $70 or more sales tax, on top of the $35 fee.

Us gun owners are stuck with this added cost if we ever decide to sell the gun.

My $350 LCP now sits idle as I don't want to lose on it, but am going to have to do
so in order to get money together for a CZ97BD.

I'll have to pay sales tax on the gun from CZ-USA as well.

The seller must include the selling price on paper, or the Dealer
will charge the sales tax at the Retail price of the gun.

Really no fun trading guns (always legally) these days as the owner
usually eats that sales tax.
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  #92  
Old 02-17-2017, 5:08 PM
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Quote:
Originally Posted by czrami View Post
We in WA state have had this tax for about a year now.



All internet guns,,no exceptions.



with the added $30 to $70 or more sales tax, on top of the $35 fee.



Us gun owners are stuck with this added cost if we ever decide to sell the gun.



My $350 LCP now sits idle as I don't want to lose on it, but am going to have to do

so in order to get money together for a CZ97BD.



I'll have to pay sales tax on the gun from CZ-USA as well.



The seller must include the selling price on paper, or the Dealer

will charge the sales tax at the Retail price of the gun.



Really no fun trading guns (always legally) these days as the owner

usually eats that sales tax.


The Progs always find new ways to undercut 2A. This is no difference than a poll tax to suppress black voters in the Jim Crow South.


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  #93  
Old 02-20-2017, 12:12 PM
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There's a way to buy new guns in the state of California and NOT pay any sales tax. If you purchase a firearm from an individual seller or a non-FFL you're good to go, no sales tax, like a PPT. There's a lot of individual sellers on Gunbroker selling new guns tax free
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  #94  
Old 02-20-2017, 1:10 PM
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Quote:
Originally Posted by Sure Shot 45 View Post
There's a way to buy new guns in the state of California and NOT pay any sales tax. If you purchase a firearm from an individual seller or a non-FFL you're good to go, no sales tax, like a PPT. There's a lot of individual sellers on Gunbroker selling new guns tax free
Sorry, but you are wrong. Check out the CA BOE rules. The CA FFL is considered the retailer and has to submit the sales tax for the firearm, which means that they collect it from the buyer. The seller might not collect sales tax, but that does not matter.

There are a couple of cases where it is not subject to sales tax, but not the general case.
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  #95  
Old 02-20-2017, 2:19 PM
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Quote:
Originally Posted by kemasa View Post
Sorry, but you are wrong. Check out the CA BOE rules. The CA FFL is considered the retailer and has to submit the sales tax for the firearm, which means that they collect it from the buyer. The seller might not collect sales tax, but that does not matter.

There are a couple of cases where it is not subject to sales tax, but not the general case.
From my experience, I have to disagree with you and agree with SureShot45. I did not pay tax on an out of state purchase from a private party that was shipped from his FFL to mine.
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  #96  
Old 02-20-2017, 2:20 PM
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CA has the most onerous tax schemes of any state. They go after us retired military folks who were stationed in CA for income tax on our retirement, even though we were never a CA resident for tax purposes.
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  #97  
Old 02-20-2017, 2:41 PM
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Originally Posted by guest1 View Post
From my experience, I have to disagree with you and agree with SureShot45. I did not pay tax on an out of state purchase from a private party that was shipped from his FFL to mine.
You can disagree all you want, but I happen to know the regulations. Go do the research. There are letters from the BOE which have been posted. I have letters from the BOE regarding this. While I don't agree with the view of the CA BOE, there is nothing that I can do about it.

That is not to say that there are FFLs who are going to get a big surprise should they get audited by the BOE.

http://www.calguns.net/calgunforum/a...6&d=1395273661
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  #98  
Old 02-20-2017, 3:22 PM
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Quote:
Originally Posted by the foot View Post
CA has the most onerous tax schemes of any state. They go after us retired military folks who were stationed in CA for income tax on our retirement, even though we were never a CA resident for tax purposes.
I have heard that they do that with everyone. It is not legal, but if they can get some to give them money then they win, just like with the spam email.
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  #99  
Old 02-20-2017, 3:29 PM
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Quote:
Originally Posted by kemasa View Post
I have heard that they do that with everyone. It is not legal, but if they can get some to give them money then they win, just like with the spam email.


Look at your CA form 540. There is a line that asks, how much did you buy out of state without taxes. Next line, calculate the CA sales tax and send it in.


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  #100  
Old 02-20-2017, 6:05 PM
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Originally Posted by Blade Gunner View Post
Look at your CA form 540. There is a line that asks, how much did you buy out of state without taxes. Next line, calculate the CA sales tax and send it in.
While that is true, if you look at the reference, it was made with respect to INCOME tax. Slight change in specifics. I have heard stories of CA demanding income tax for pension money which the person receives after the person moves out of CA, but that the pension was earned when in CA.
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  #101  
Old 02-20-2017, 6:21 PM
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Quote:
Originally Posted by kemasa View Post
While that is true, if you look at the reference, it was made with respect to INCOME tax. Slight change in specifics. I have heard stories of CA demanding income tax for pension money which the person receives after the person moves out of CA, but that the pension was earned when in CA.


The FTB puts the out of state purchases disclosure on the form 540 (State income tax) because its the most convenient place they can ask a CA resident for this disclosure under threat of perjury. As a CPA I can tell you your chance of getting audit is very very slight, however if they do audit you, your credit card purchases are going to be one of the first places they look for sale tax avoidance. I wouldn't lose sleep over it, unless you tax advisor indicates you have a high risk of audit.


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  #102  
Old 02-20-2017, 6:34 PM
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Quote:
Originally Posted by Blade Gunner View Post
The FTB puts the out of state purchases disclosure on the form 540 (State income tax) because its the most convenient place they can ask a CA resident for this disclosure under threat of perjury. As a CPA I can tell you your chance of getting audit is very very slight, however if they do audit you, your credit card purchases are going to be one of the first places they look for sale tax avoidance. I wouldn't lose sleep over it, unless you tax advisor indicates you have a high risk of audit.
I am curious, did you bother to read exactly what I said or did you just decide to reply? I suspect the latter.

INCOME TAX FROM A PENSION, not sales tax, is what was referenced. Go back and RE-READ ALL OF THE POSTS. I mentioned it once already, yet you keep not bothering to read.

PLEASE READ BEFORE REPLYING:

Quote:
Originally Posted by the foot
CA has the most onerous tax schemes of any state. They go after us retired military folks who were stationed in CA for income tax on our retirement, even though we were never a CA resident for tax purposes.
That is the thread that I replied to and then you replied to what I said with comments, that while true, did not relate to that discussion.

I might also point out that what you said does not relate to the discussion with respect to FFLs and the obligation to submit the sales tax on firearms which are transferred from out of state private parties.
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  #103  
Old 03-08-2017, 3:39 PM
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Default If used no tax

I have in past must let FFL know it is used and he should not charge you state tax!
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  #104  
Old 03-08-2017, 4:12 PM
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I have in past must let FFL know it is used and he should not charge you state tax!
That is False.

New or used does not matter when it comes to sales tax and FFLs.

If the firearm goes through a CA FFL it is subject to sales tax with some exemptions.

Sales tax is due in the case of a CA PPT where the CA FFL finds the buyer and/or seller and/or gets involved in the sales price.

If the firearm is a C&R and the seller is a private party, it is an occasional sale, not from a business and the buyer has a C&R FFL it is not subject to sales tax regardless of whether it is from out of state or not.

If the firearm is from within CA and the seller is a private party, it is an occasional sale, not from a business then it is not subject to sales tax as long as the FFL does not find the buyer or seller and does not get involved in the sales price.

If it is a gift, it is not subject to sales tax.
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  #105  
Old 03-08-2017, 4:18 PM
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Quote:
Originally Posted by kemasa View Post
That is False.

New or used does not matter when it comes to sales tax and FFLs.

If the firearm goes through a CA FFL it is subject to sales tax with some exemptions.

Sales tax is due in the case of a CA PPT where the CA FFL finds the buyer and/or seller and/or gets involved in the sales price.

If the firearm is a C&R and the seller is a private party, it is an occasional sale, not from a business and the buyer has a C&R FFL it is not subject to sales tax regardless of whether it is from out of state or not.

If the firearm is from within CA and the seller is a private party, it is an occasional sale, not from a business then it is not subject to sales tax as long as the FFL does not find the buyer or seller and does not get involved in the sales price.

If it is a gift, it is not subject to sales tax.
How many more calgunners and their real life experiences of not paying tax on out of state private party purchases will it take for you to come to the conclusion that not all FFLs agree with your interpretation?
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  #106  
Old 03-08-2017, 4:26 PM
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How many more calgunners and their real life experiences of not paying tax on out of state private party purchases will it take for you to come to the conclusion that not all FFLs agree with your interpretation?
Well, if you looked at the information from the CA BOE, then you would understand that you are wrong. It is NOT my interpretation, it is what the CA BOE has stated. It USED to be the case, but the CA BOE changed their view even though the law has not changed and I have letters from them about it. It is annoying, but it is what it is.

Based on your "logic", one would assume it is legal to exceed the speed limit because so many drivers do so all the time, but some get caught and you don't see all of those who get caught.

Please don't tell people false information. I doubt that ANY CA FFL wants to collect the sales tax, but they are REQUIRED to.

So while I have official information about it, what do you have other than your incorrect opinion?

Oh, to answer your question, it would take infinite more calgunners. I also don't care that not all FFLs agree with the LAW as stated by the CA BOE, not my interpretation. I don't agree with the CA BOE, but I have not been successful it getting it changed. What will it take to get you to understand such a simple concept that the law trumps experiences which violate the law?
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  #107  
Old 03-10-2017, 11:45 AM
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So I bought a gun from an online store out of state. I went to Dros it at my local gun store and they told me I had to pay tax on the gun. I was under the assumption that I did not have to pay sales tax. Also, why would I have to pay sales tax to my FFL if I did not buy the gun from them. I thought only the transfer fee and background was what I needed to pay them. Does anyone know?
It's actually USE TAX.
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Yes, they have to collect the tax.
As you know, the amount of tax is based on the purchase price of the gun ...
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  #108  
Old 03-10-2017, 11:49 AM
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Yes, they have to collect the tax.
As you know, the amount of tax is based on the purchase price of the gun ...
Your reply is about 5 years, 3 pages, and 106 replies late, lol.
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  #109  
Old 03-10-2017, 12:48 PM
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Yes, they have to collect the tax.
As you know, the amount of tax is based on the purchase price of the gun ...
That is not quite accurate, it is also based on the shipping as well since the item is not directly shipped to the buyer, which can't be done typically with firearms.

It is also not Use Tax either. The FFL is a CA retailer, so it is sales tax and the CA BOE changed their view to say that because Federal law requires it go through a FFL, that it is somehow subject to CA sales tax. Remember that when you vote for the BOE representative and consider running. It seems that they really don't answer to anyone.

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Originally Posted by Nor*Cal View Post
Your reply is about 5 years, 3 pages, and 106 replies late, lol.
:-).
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  #110  
Old 03-13-2017, 1:37 AM
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So with that being said and argued... I should expect to pay taxes on a pistol I bought and shipped from out of state to my FFL. I was in the impression of PPT is tax free. I'm new to calguns and I'm loving my first day already. Very informative.
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  #111  
Old 03-13-2017, 2:45 AM
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Wow. TN is one of the heaviest sales tax States in the country (9.25% total sales tax) and our gas tax is absurd too. As close as we have to THIS, though, is if you buy something online from Amazon you have to pay a "use tax" that Amazon is legally required to collect from TN residents. They have a fulfillment center in Cleveland, TN and are considered a "Tennessee business" because of that.
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  #112  
Old 03-13-2017, 8:37 AM
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Originally Posted by Probinsyano View Post
So with that being said and argued... I should expect to pay taxes on a pistol I bought and shipped from out of state to my FFL. I was in the impression of PPT is tax free. I'm new to calguns and I'm loving my first day already. Very informative.

"PPT" is Private-Party Transfer and has a very specific meaning in CA. your scenario is not a PPT. it is not tax-free and is also not limited to the $35 PPT maximum fee ($25DROS + $10 dealer fee). because it is not a PPT, your FFL may charge you whatever dealer fee he wishes, and isn't required to facilitate the transfer for you if he doesn't want to. his transfer fee could be anywhere from $25-200, whatever he wishes.
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  #113  
Old 03-13-2017, 3:41 PM
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Quote:
Originally Posted by Probinsyano View Post
So with that being said and argued... I should expect to pay taxes on a pistol I bought and shipped from out of state to my FFL. I was in the impression of PPT is tax free. I'm new to calguns and I'm loving my first day already. Very informative.
Unless you are buying a C&R firearm and you have a C&R FFL, it is subject to sales tax since it is coming from out of state.

In general, a CA PPT is not subject to sales tax, but if the FFL gets involved in finding the buyer and/or seller or gets involved in the sales price, then it is subject to sales tax.
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  #114  
Old 02-21-2018, 2:51 PM
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Hate to dig this back up, but seems relevant. This is regards to Blade Gunners post & relevance. Not bringing up the Income Tax aspect, just sales/use.

If you were to buy a gun that somehow didn't get taxed, you WOULD be required to report it on your 540 as well as other internet sales. Even though collected on the Income Tax return, it is USE tax being collected for the BOE by the FTB. I bring this up because we have to fill in this section of the return UNDER PENALTY OF FRAUD in order to be able to EFile the return.

Also, usually, if the sales tax is shown on the out-of-state sales invoive, then the buyer would only be subject to the difference between the CA sales tax (including local sales tax) & the amount actually billed.
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  #115  
Old 02-22-2018, 2:34 PM
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Originally Posted by KenLS View Post
Hate to dig this back up, but seems relevant. This is regards to Blade Gunners post & relevance. Not bringing up the Income Tax aspect, just sales/use.

If you were to buy a gun that somehow didn't get taxed, you WOULD be required to report it on your 540 as well as other internet sales. Even though collected on the Income Tax return, it is USE tax being collected for the BOE by the FTB. I bring this up because we have to fill in this section of the return UNDER PENALTY OF FRAUD in order to be able to EFile the return.
I am not sure about that. There are requirements for the FFL to be the retailer, so if the retailer does not properly collect the sales tax, then it would be on the FFL, not the buyer.

If you bought an item from Walmart online and they did not collect CA sales tax even though they have a CA presence, I don't think that you would owe it.

Quote:
Also, usually, if the sales tax is shown on the out-of-state sales invoive, then the buyer would only be subject to the difference between the CA sales tax (including local sales tax) & the amount actually billed.
The issue with this is that whoever is considered the CA retailer is required to collect the sales tax, the TOTAL sales tax. What many FFLs don't understand is that if they are a CA retailer then they also owe the sales tax on the transfer fee, not the transfer FFL. Now, the transfer FFL can collect the sales tax and it might go easier for the CA FFL retailer.

Again, this would be a retailer error and the retailer is responsible for submitting the sales tax, not the buyer. Yes, if you buy an item from a non-CA business, then you owe the tax on your income tax return, but that is a different issue.
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  #116  
Old 10-03-2019, 9:34 PM
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I realize this thread is old, but it looks like the right place to ask this since it hasn't been covered yet:

I am about to buy a gun from grabagun.com, a TX company I believe, but their website is collecting sales tax automatically. This appears to be a new thing since I've purchased guns from them before but was never charged tax 'till now.

So, if an out-of-state internet retailer is collecting CA sales tax, I assume like how some other big internet retailers are currently doing, does my FFL still collect sales tax when submitting the DROS?

Thanks!
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  #117  
Old 10-03-2019, 11:05 PM
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Quote:
Originally Posted by Xyclopx View Post
I realize this thread is old, but it looks like the right place to ask this since it hasn't been covered yet:

I am about to buy a gun from grabagun.com, a TX company I believe, but their website is collecting sales tax automatically. This appears to be a new thing since I've purchased guns from them before but was never charged tax 'till now.

So, if an out-of-state internet retailer is collecting CA sales tax, I assume like how some other big internet retailers are currently doing, does my FFL still collect sales tax when submitting the DROS?

Thanks!
As of April 1st a new law kicked in to require even out of state internet retailers to collect and file sales tax returns in CA once certain thresholds are met, so I'm not surprised. I would think your dealer would be getting a copy of the invoice from Grabagun to see that they already collected tax, but make sure to point it out so that you don't pay tax twice on the purchase.
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  #118  
Old 10-03-2019, 11:19 PM
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Originally Posted by Xyclopx View Post
...
So, if an out-of-state internet retailer is collecting CA sales tax, I assume like how some other big internet retailers are currently doing, does my FFL still collect sales tax when submitting the DROS?
If the seller is considered the CA retailer and collects sales tax, then the transfer dealer isn't responsible for collecting sales tax, BUT typically the out of state CA retailer doesn't collect the correct sales tax by using the wrong tax rate, not collecting the sales tax on the shipping (due to it not being sent directly to the buyer) and/or not collecting the sales tax on the transfer dealer's fee (which the CA retailer is responsible for, not the transfer dealer unless the transfer dealer is considered the CA retailer).

You need to make sure that the transfer dealer is informed that CA sales tax has been collected. I have seen invoices that were shipped with the gun not detail the sales tax, but the receipt sent to the buyer include it.
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