Sales tax !!! ?

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  • Keepingmine

    Plinker
    Rating - 0%
    0   0   0
    Jun 30, 2012
    21
    1
    Does your FFL dealer charge you state sales tax when you order online from out of state?:xmad:
    I've bought guns from out of state before and was never charged sales tax by my other FFL dealers, but I'd already waited 2 weeks to get my rifle and just paid the tax, but didn't have the $30 transfer fee with me, so he said I could pay him later.

    Any help is greatly appreceated.
     

    Leo

    Grandmaster
    Rating - 100%
    30   0   0
    Mar 3, 2011
    10,010
    113
    Lafayette, IN
    The FFL that does the transfer does not collect tax if you made the deal and paid the supplier directly. If the Firearm got to his place COD, and he is handling the cash, he must collect the sales tax.
     

    Keepingmine

    Plinker
    Rating - 0%
    0   0   0
    Jun 30, 2012
    21
    1
    I paid Classic Firearms out of NC directly on line, but the local gun shop said I still had to pay IND sales tax
    I still owe him the $30 transfer fee.
     

    jayhawk

    Expert
    Rating - 100%
    3   0   0
    Jul 16, 2009
    1,194
    48
    Fort Wayne, IN
    No, you shouldn't have to pay tax to the local dealer. Technically, you should record the out of state purchase when you file your state tax return.

    There is a dealer in New Haven that chargers sales tax on FFL transfers, and personally...it's BS!
     

    kludge

    Grandmaster
    Rating - 100%
    5   0   0
    Mar 13, 2008
    5,361
    48
    Whitestown? He does that.

    If you don't pay there you still have to put it on your Indiana return.
     

    Keepingmine

    Plinker
    Rating - 0%
    0   0   0
    Jun 30, 2012
    21
    1
    No, you shouldn't have to pay tax to the local dealer. Technically, you should record the out of state purchase when you file your state tax return.

    There is a dealer in New Haven that chargers sales tax on FFL transfers, and personally...it's BS!

    I agree,I've thought about not paying him the $30 since he already got $42 out of me that he should'nt have.
    Butt I don't feel right doing that, when I told him I'd pay him.
    I just won't ever step foot in his gun shop again, I don't rip people off or Con anyone and expect the same treatment from others.
     

    Rocket

    Expert
    Rating - 100%
    28   0   0
    Jun 7, 2011
    886
    18
    Whiteland
    The service he provided was Labor. And as such it is not taxable in IN. (yet) But now you do not have to report it on your state taxes cause you already paid it. Keep your receipt. The Owner should have warned you that he would charge you ahead of time. And I bet it is going in his pocket, because his sales numbers will not jive if he sends it in.
     

    Keepingmine

    Plinker
    Rating - 0%
    0   0   0
    Jun 30, 2012
    21
    1
    How did he know what you paid for it to even figure the sales tax?

    He opened up the box and got the recept out.

    He's always been an A$$wipe, butt he was the closest dealer.

    I give very very few people 2nd chances, butt he won't get one!
     

    Midskier

    Marksman
    Rating - 100%
    4   0   0
    Jan 25, 2012
    216
    16
    NWI IL/IN BORDER
    it may be worth asking what the deal is - or why your ffl charged you sales tax and no other ffl in the state does, $42 in tax plus a $30 transfer fee wow my guy is only $20 but takes forever to connect with him for pickup..........
     

    Rocket

    Expert
    Rating - 100%
    28   0   0
    Jun 7, 2011
    886
    18
    Whiteland
    Or he is an Idiot. He would need to show the purchase cost and the Sale price. So if he turns it in to the state he will be liable for the income that he did not make on said sale. I would call him on it. See what he says.
     

    Indy_Guy_77

    Grandmaster
    Rating - 100%
    16   0   0
    Apr 30, 2008
    16,576
    48
    He's either a liar, a their, or completely ignorant. Or all the above. Find another FFL. Consider the money you already paid to be the transfer fee and never darken his door again.

    If he hounds you...have him show you where it says he is to collect sales tax on out of state purchases. He can't...and you should call him on it.

    Then you call the IN Attorney General's office and file a complaint aboud dishonest business practices.

    And let the mope know.
     

    fireball168

    Master
    Rating - 100%
    24   0   0
    Dec 16, 2008
    1,764
    48
    Clinton
    I'm not a lawyer, this is not legal advice, and I'm not arguing about it or trying to make a point.

    Read Sales Tax bulletin #57 here:

    DOR: Information Bulletins

    I've had this scenario brought up a couple of times in various different business circumstances and bulletin #57 is the one that always gets pointed at by the lawyers and/or DOR.
     

    hooky

    Grandmaster
    Rating - 100%
    24   0   0
    Mar 4, 2011
    7,033
    113
    Central Indiana
    I'm not a lawyer, this is not legal advice, and I'm not arguing about it or trying to make a point.

    Read Sales Tax bulletin #57 here:

    DOR: Information Bulletins

    I've had this scenario brought up a couple of times in various different business circumstances and bulletin #57 is the one that always gets pointed at by the lawyers and/or DOR.

    The transaction as described above is not a drop shipment though.

    From your link:

    Drop shipments involve the sale of goods by a seller who delivers the goods directly to the purchaser’s customer. However, this is generally not a three-party transaction, but two two-party transactions. The first transaction is the sale from the seller to the purchaser. The second transaction is the sale from the purchaser to the purchaser’s customer. There is not a direct transaction between the seller and the purchaser’s customer.

    The general statutes and regulations governing sales and use tax apply to both transactions.

    The FFL didn't buy the gun.
     

    WebSnyper

    Time to make the chimichangas
    Rating - 100%
    64   0   0
    Jul 3, 2010
    16,596
    113
    127.0.0.1
    Does your FFL dealer charge you state sales tax when you order online from out of state?:xmad:
    I've bought guns from out of state before and was never charged sales tax by my other FFL dealers, but I'd already waited 2 weeks to get my rifle and just paid the tax, but didn't have the $30 transfer fee with me, so he said I could pay him later.

    Any help is greatly appreceated.


    I'd report him to the state.

    You might also tell him you are going to let 23000 of your closest friends know what his business practices are.

    That said, are you going to let us know who it is so none of us run into the same issue with the same person?
     
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