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Old 06-28-2013, 08:59 AM   #29
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Does anyone know someone that has been caught? If so, what was the outcome? I'm kind of a risk reward kind of guy and if the reward is worth it I'll give it a try.
I too, am a "risk-reward" type of person and I have a Montana LLC. I believe that you have to think out every angle before you make the choice, and then if it suits you, go for it! I believe that it's my duty to try and hold onto every dollar that I can...
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Old 06-28-2013, 10:08 AM   #30
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Yes I know someone, the friend of mine we bought our coach from. Three years back taxes with a hefty fine. They suspect it was the power meter reader that turned them in but can't prove it. They got a new person the same week. The IRS would not give any info on how they found out. We're licensed in Mt. legally and soon to domicile in SD in a few weeks. I already know that OUR Insurance will not cover OUR windshield on MH or car if registered in SD. We're keeping our MH and car in MT and SD is OK with this and so is Mt. We have a $100.oo deductible on both windshields the way it is now. We are fulltime with no house, and feel pretty safe this way. Every situation is different.....each person should do your own research with calls for your details. We read a lot of info and did our own calls to be sure.
Why would the IRS be involved on a state issue?
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Old 06-28-2013, 11:11 AM   #31
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What About Using A Montana LLC To Avoid Sales Tax?

This guy pretty much sums it up.
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Old 06-28-2013, 11:45 AM   #32
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Don't do it. It may come back and bite you big time. Many states are looking for additional revenue. In Louisiana, the MVB has informed all rv dealers to notify them if someone purchas an rv and tries to register it out of state. You could be charged with tax evasion and have to pay a huge fine and all back taxes. All the Montana lawyer is telling you is that it is kegal in Montana and taking your money.
To keep things clear, instead of "someone" you might want to add "Louisiana resident" to your statement. As a resident of California I would expect to be able to buy an RV in Louisiana and register it in California with no hassles.
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Old 06-28-2013, 01:07 PM   #33
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First, LLC means Limited Liability Corporation. And a corporation is a business. And a business needs to be legit. It's like you owed a company that's incorporated in Montana but all your buildings and offices were in your home state - well, you get the drift. It is breaking the law and that's your choice. It's also your choice on how you're gonna pay the back taxes, fines, and penalties when you get caught. And you WILL get caught.
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Old 06-28-2013, 01:13 PM   #34
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Your question was "Is it legal?" The answer is that it is legal in Montana but illegal in most other states. Years ago hot rodders were doing a similer thing in Maine. Many people I knew were doing it. I kept telling them it was trouble. But they kept telling me it was legal because a lawyer in Maine set it up. When all the other states cracked down they not only had to pay all the back taxes with interrest but also large fines. Some owed so much they had to sell their hotrods to pay them. Of course nothing was done to the lawyer who laughed all the way to the bank. Is it really worth the risk of getting caught?

That's just not true.

Being legal in Montana is NOT the issue. It really doesn't have anything to do with Montana at all. You're totally missing the concept.

It's a state by state issue. If you can abide by the rules of your own state, you are not breaking the law.

Those of us who use a Montana LLC and use them legally, have studied the laws IN OUR OWN state. It has nothing to do with Montana.

You have to make sure that you are within the law in your own state when registering your vehicles in Montana. It's not inherently illegal.

If you can't abide by the rules of registration in the state in which you reside, then, yes, it is obviously illegal. But it is not AUTOMATICALLY illegal in most state. Only if you can't abide by the laws of those states.

As I've said before, you shouldn't try the Montana LLC if you live in some states. One of them being Washington state. The Montana lawyers will tell you that. They will tell you "if you reside in Washington state, don't do it as it's almost impossible to stay within the law."

And again, you should not do it if you aren't able to get out of your state of residence on a regular basis. It works best for retirees who have the ability to leave their home state frequently. If you can't do that, then you probably shouldn't do a Montana LLC.

Again, it's not a Montana issue. Registering your vehicles in a Montana LLC boils down to whether you are able to stay within the registration parameters of your OWN state. OWN state = the state in which you reside.

~mandy
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Old 06-28-2013, 01:15 PM   #35
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Why would the IRS be involved on a state issue?
They wouldn't.

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First, LLC means Limited Liability Corporation. And a corporation is a business. And a business needs to be legit. It's like you owed a company that's incorporated in Montana but all your buildings and offices were in your home state - well, you get the drift. It is breaking the law and that's your choice. It's also your choice on how you're gonna pay the back taxes, fines, and penalties when you get caught. And you WILL get caught.
Not to pick nits, but I believe that LLC stands for Limited Liability Company... and I've been told that a company isn't necessarily a business.

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Old 06-28-2013, 01:16 PM   #36
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First, LLC means Limited Liability Corporation. And a corporation is a business. And a business needs to be legit. It's like you owed a company that's incorporated in Montana but all your buildings and offices were in your home state - well, you get the drift. It is breaking the law and that's your choice. It's also your choice on how you're gonna pay the back taxes, fines, and penalties when you get caught. And you WILL get caught.

That's not entirely true either.
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Old 06-28-2013, 01:21 PM   #37
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The question was asked if anyone had ever been "caught" in the misuse of a Montana LLC. In response, I submit the following LINK with no further comment.

Rusty
WA also cracked down, I have a redacted summary of one case on one of my sites. It's over 25 MB so too big to send easily.
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Old 06-28-2013, 01:23 PM   #38
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First, LLC means Limited Liability Corporation. And a corporation is a business. And a business needs to be legit. It's like you owed a company that's incorporated in Montana but all your buildings and offices were in your home state - well, you get the drift. It is breaking the law and that's your choice. It's also your choice on how you're gonna pay the back taxes, fines, and penalties when you get caught. And you WILL get caught.
Nope, the IRS rules say it's a Limited Liability Company.
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Old 06-28-2013, 01:25 PM   #39
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As residents of Nevada, we have successfully used a Montana LLC to register our vehicles for a number of years since we’ve been full-time. We chose Nevada as a domicile as opposed to South Dakota (or Texas) for personal reasons but many Nevada retirees use a Montana LLC to register their RVs including many retired LEOs.
Which means what? They get caught doing illegal things all the time.
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Old 06-28-2013, 01:33 PM   #40
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Here is a scenario for review. Let's say set up a LLC in Montana to do consulting work throughout the US. Use the motorhome as a traveling vehicle to the jobs. Not your fault if no one hires you....The economy is bad.
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Old 06-28-2013, 01:38 PM   #41
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Which means what? They get caught doing illegal things all the time.
It means nothing,

The majority of LEOs, however, are law abiding. I'm sure you'd also like to argue that.

My point was many LEOs, before they retired, pledge to uphold and enforce the laws of their jurisdictions. And they usually know what the laws are.

Are there dishonest LEOs? Sure.

So I'm not quite sure what YOUR point is.
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Old 06-28-2013, 01:45 PM   #42
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Not to pick nits, but I believe that LLC stands for Limited Liability Company... and I've been told that a company isn't necessarily a business.

Rick
I stand corrected (though years ago I'm pretty sure it was corporation - my own company was a C Corp). But I stick with the rest of what I wrote. And, of course there are no absolutes, but the odds of being caught, even due to an accident or a "nazi" neighbor, are way too high for me.

I live in a state with a high sales tax, but there's NO income tax, (and not that I would) but I could just cross the river and buy in Oregon which has NO sales tax! There's always a way to cheat. But, apparently unlike some others, I don't have problem paying my fair share. Just a problem paying more than that!
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