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 Sales Tax from State to State
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Frank Hopper
Past Commodore

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Pitcairn Island
6776 Posts

Response Posted - 03/31/2007 :  13:17:56  Show Profile  Visit Frank Hopper's Homepage
Don't kid yourself Rick, your state is getting in your pocket somewhere. Different states just structure things differently.

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Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 03/31/2007 :  14:12:04  Show Profile  Visit Champipple's Homepage
As a seller is there really any reason to risk perjury on a the notarized title or bill of sale to save the prospective buyer tax dollars.

As a buyer if you are trying to play the tax avoidance game you should probably just offer a few hundred less.

I do have a question for Steve - even if you structure the sale breaking everything out, isn't the buy technically supposed to pay use tax (in states where applicable?)

dw

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Steve Milby
Past Commodore

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USA
5904 Posts

Response Posted - 03/31/2007 :  15:53:26  Show Profile
<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote">As a seller is there really any reason to risk perjury on a the notarized title or bill of sale to save the prospective buyer tax dollars.<hr height="1" noshade id="quote"></font id="quote"></blockquote id="quote">No reason at all. Also, buyers who under-report the sale price think it would be difficult for the state to <u>prove</u> fraud. The way the state does it is they send an investigator to talk to the seller. The investigator asks, "How much did John Doe pay you for your boat, and, before you answer that question remember that, if you lie to me, you're going to jail." The seller answers truthfully, of course, and the state subpoenas the buyer's bank records to corroborate the seller's testimony. The state lets the seller off easy because he cooperated, and they nail the buyer.

<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote">I do have a question for Steve - even if you structure the sale breaking everything out, isn't the buy[er] technically supposed to pay use tax (in states where applicable?)<hr height="1" noshade id="quote"></font id="quote"></blockquote id="quote"> One thing you should understand about the <u>use</u> tax is that it's purpose is to plug loopholes in the sales tax laws. Therefore, only transactions that are <u>taxable</u> under the <u>sales</u> tax laws are <u>taxable</u> under the <u>use</u> tax laws.

Not all sales of every kind of property are taxable. For example, food that is sold for consumption off the premises is not generally subject to sales tax. In Ohio, and I believe in most states, casual (occasional, irregular) sales of tangible personal property are generally <u>exempt</u> from sales tax, <u>except</u> for sales of motor vehicles, boats and outboard motors that are required to be titled, snowmobiles, documented boats, all-purpose vehicles, off-highway motorcycles and personal watercraft. Thus, a sale between private people who are not regularly engaged in the business of retail sales (i.e., a "casual sale") is exempt from sales or use taxation, unless the property is a boat or one of the other items specifically listed above. Therefore, you can break out sails and other items separately, if the seller will agree to do so, and legally reduce your tax liability on the purchase of a boat, under both the <u>sales</u> tax laws and the <u>use</u> tax laws. But you can't assign exorbitant, unrealistic values to the used equipment. Also, as a seller, I would be reluctant to agree to such a transaction, because an unscrupulous buyer could manipulate the transaction in a way the seller didn't contemplate, and could cheat the seller.

Edited by - Steve Milby on 04/01/2007 08:00:36
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existentialsailor
Master Marine Consultant

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USA
1180 Posts

Response Posted - 03/31/2007 :  16:32:38  Show Profile
<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by fhopper@mac.com</i>
<br />Don't kid yourself Rick, your state is getting in your pocket somewhere. Different states just structure things differently.
<hr height="1" noshade id="quote"></font id="quote"></blockquote id="quote">

Hmm, maybe....

http://money.cnn.com/pf/features/lists/taxesbystate2005/index.html

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Jmurfy
Navigator

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USA
176 Posts

Response Posted - 03/31/2007 :  16:57:48  Show Profile
I purchased my C25 in Michigan from a broker representing a private seller and paid the sales tax in Illinois (where I live).

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Bill Sloane
1st Mate

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USA
91 Posts

Response Posted - 04/02/2007 :  14:14:30  Show Profile
Holy smokes. Such a lot of advice. Thank you, thank you, thank you.

It looks like that if I buy a boat in another state, which most likely will be California where boats appear to be a little cheaper than in Washington, I don't pay sales tax in California, but I do pay a 'use tax' in Washington when I register the boat. This is fine. I have been paying sales tax on so much so so long that I have been reduced into a Pavlovian tax paying stupor when ever I buy anything.

Thank you.

Bill Sloane
Suede Shoes
Olympia WA

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johnsonp
Admiral

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USA
606 Posts

Response Posted - 04/02/2007 :  19:09:47  Show Profile
<font color="blue"><font size="4"><font face="Comic Sans MS">Let's see.....next month I have to register my boat in Washington....
what shall I do?

<b>Let's vote!</b>

A $95,000 (fair market price) X .08 =
B $77,770 (what I paid) X .08 =
C $50,000 (senior discount due) X .08 =

paulj C250wk #719</font id="Comic Sans MS"></font id="size4"></font id="blue">

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Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 04/02/2007 :  20:12:48  Show Profile  Visit Champipple's Homepage
You might not have the option - If the title or bill of sale says 77770 it should be written on the transer docs.

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smythyll
Deckhand

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USA
21 Posts

Response Posted - 04/03/2007 :  23:17:05  Show Profile
Perhaps one should consider registering the vessel with the Coast Guard, thus eliminating the requirement for state/local registration? Of course, by doing this, one should naturally offer to pay the use tax to the state -- which I'm certain everyone does.

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Steve Milby
Past Commodore

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USA
5904 Posts

Response Posted - 04/04/2007 :  09:16:50  Show Profile
According to the Coast Guard Auxiliary, most states require that documented boats also be registered under state law.

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Dave Bristle
Master Marine Consultant

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Djibouti
10005 Posts

Response Posted - 04/04/2007 :  13:43:52  Show Profile
<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by Steve Milby</i>
<br />According to the Coast Guard Auxiliary, most states require that documented boats also be registered under state law.
<hr height="1" noshade id="quote"></font id="quote"></blockquote id="quote">
Connecticut does, and any uncollected sales tax is due. But a boat must be net five tons, so our little Catalinas aren't candidates for documentation anyway.

Edited by - Dave Bristle on 04/04/2007 13:44:48
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Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 04/04/2007 :  16:26:01  Show Profile  Visit Champipple's Homepage
Actually Dave there are a few documented C-25's. Net tonnage has some whacked out formula. We are right on the borderline.

Documented boats require registration, but putting registration numbers on the bow is not a requirement

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HeelinPatrick
Navigator

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USA
102 Posts

Response Posted - 04/17/2009 :  07:12:01  Show Profile
Ok, so I'm digging up an old thread. After paying some serious sales tax here (7%), and my friends buying a Harmony 22 that is registered with the coast guard (and not having to pay sales tax in Nebraska), I'm thinking the CG is the way to go.

I looked it up, and the application fee was ~$150, and there is the 5 ton limit, but from previous posts, C25's can be registered with the CG. What I was hoping to learn, was what is entailed with the registration. Is it difficult to get it in the first place, or is there much hoop jumping for annual renewal? It's too late for me, but the tax benefits are too much to pass up again it looks, it's like the Roth IRA for boats!

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dlucier
Master Marine Consultant

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Virgin Islands (United Kingdom)
7583 Posts

Response Posted - 04/17/2009 :  09:10:17  Show Profile
It is my understanding that documenting a vessel only gets you out of having to apply for a state title, and that you'd still be required to comply with your particular state's requirements for registration, taxes, and other associated fees.

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HeelinPatrick
Navigator

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USA
102 Posts

Response Posted - 04/17/2009 :  11:30:50  Show Profile
In Nebraska, you don't have to register, if registered with CG, and therefore could avoid sales tax by not having a title. But if regstered with CG, then one would have probably had a title, and would need a title if sold. Hmmm, oh well. Thanks!

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