Anyone in CA buy out of state recently?

   / Anyone in CA buy out of state recently? #1  

sjvalin

New member
Joined
May 22, 2000
Messages
17
Location
Sillycon Valley & Nevada City CA
Tractor
Kubota L3710HST w/LA681 loader
I'm thinking of buying a new tractor from Carver. The local Kubota dealer was stating that if one finances their tractor, a form (UCC1) is filled out making it public record. The state looks for things like this to demand tax. I've never heard of anyone having to pay tax for anything that was bought out of state, as long as the company had no presence in that state (registered vehicles, excepted). Is there any truth to this?
 
   / Anyone in CA buy out of state recently? #2  
The tax laws on mail order sales in most states are that the vendor (seller) has no obligation to collect state sales tax for a location (other state) in which the seller has no permanent business location (a "nexus", in legal parlance).

The BUYER, on the other hand, is subject in every state of which I am aware, to PAY a "use tax" which is more or less a "reverse sales tax," since it is the same amount as one's local sales tax rate.

Now, as a practical matter, almost no one volunteers to pay this tax to their state of residency. Some states have begun toughening up on this. In North Carolina, as one example, (and I hear several others will be adding this feature soon) there is now a line on the State Income Tax Return, that one must total all out-of-state purchases, and add (and pay) the amount due on all merchandise purchased out of state (whether ordered by mail, or picked up in person). This wrinkle is more odious, since one signs and files a State Income Tax return under penalty of perjury.

I have heard that New York state tax collectors are so hard up, that they send spies to the large malls right over the border in Pennsylvania, with cameras to photograph all the license plates of NY shoppers there. Later, they match the license plates with the owners, and send them a letter "inviting" them to pay any tax due.

What the dealer has informed you about, is that whenever a purchase is made using installment credit, the seller MAY file a UUC (Uniform Commercial Code) form which makes a public record of the finacial transaction. The reason this is done is to create a lien against the title, so that the owner who is financing his purchase cannot legally sell the vehicle or equipment, until it is paid for. Often, sellers do not file UCC's, but for a piece of equipment costing $20,000, they most likely would.

As the Romans used to say, "Caveat emptor" (buyer beware).

BobT.

A Indiana Boy
 
   / Anyone in CA buy out of state recently? #3  
If you don't want to pay sales tax on your tractor purchase, see if you can qualify for an exemption...in my state (in new england), there was a form you needed to fill out at the dealer, in which you state that the agricultural equipment you were purchasing was to be used in the production of food for resale...not sure how convincing you need to be, but I'd bet most dealers would be more than helpful with this one (what do they care?, my dealer even helped me make sure I filled it out right, and offered some suggestions on the wording <ggg>) On a 20-40K tractor purchase it can save you 1-2K. I bet that politicians are not that eager to have their tax collectors agressively pursue the small-time farmers for sales tax on their tractors...just my two cents, worked for me.

Good luck.
 
   / Anyone in CA buy out of state recently? #4  
Nevertell is right. Forgot to mention this perfectly legal aid to the downtrodden farmers. You can get sales tax exemption on anything you buy for your "farm"---not just tractors! Feed, fencing, fuel, etc. You do need to fill out a "blanket" form, which the store will keep on file. Probably worth it to keep a few chickens around the barn, just to show you're "producing" something!

BobT.

A Indiana Boy
 
   / Anyone in CA buy out of state recently? #5  
sjvalin: I purchased a tractor from Carver Equip. Co. in September of 1999 and did not pay any sales tax. The shipping was about the same as the sales tax would have been but you end up paying the shipping costs also if you buy at home. I live in northern California and once the tractor was on the truck for shipment it only took three days to get here from N. Carolina. That's haulin. The entire buying process was painless and quick from Carver and a nicer more knowledgable bunch of guys you would be hard pressed to find.
P.K. Burke
 
 
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