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Old 06-23-2016, 10:59 PM   #1
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New Rig, Oregon Resident, California Tax question

I am trying to investigate all possibilities here as someone I knew raised an interesting question. I am thinking of buying a new (second) rig (as an Oregon Resident) register it in Oregon but primary use would be the 4 months per year that I am in California (and I might choose to store it down there when not in use.). Would I be subject to the California Use Tax (sales tax)?. I am a legitimate Oregon resident with all the required credentials and have a S&B home in Oregon. My employment is in Oregon. The rig would be out of California for about 5 months after purchase before it's first trip there.
In a search I can find all sorts of information about California residents trying to find ways to avoid the tax, but nothing about other state residents trying to figure out if they would be liable for tax. Anyone have any idea about this?
Thanks!
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Old 06-23-2016, 11:02 PM   #2
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I checked into it some years ago. If I was in CA for employment and brought my RV and car I was considered a CA resident after 30 days and had to register my vehicles there and pay income tax there. Was a WA resident with a house and family there but it didn't matter if I earned my living in CA.
But that was some 10 years ago too.
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Old 06-23-2016, 11:21 PM   #3
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When we purchased our last MH in California we closed(signed) the paper work in NV. Being from Alaska, we did the DMV paper work here in Alaska before we went to California, so the vehicle had Alaska license plates.
Not sure if this helps but it is worth checking into.
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Old 06-23-2016, 11:29 PM   #4
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Given your scenario I don't see where Cali has any claim on you.
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Old 06-23-2016, 11:31 PM   #5
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Given your scenario I don't see where Cali has any claim on you.
Probably going to find out differently when the CA tax boys catch up.
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Old 06-23-2016, 11:54 PM   #6
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Probably going to find out differently when the CA tax boys catch up.
There is no employment there, no claim to income for tax purposes, and the vehicle is registered in the state that he legally and physically lives in.

Some very simplistic info is available here on a page for reporting vehicle license cheaters:
https://www.chp.ca.gov/Notify-CHP/Ch...ion-Violators)

To put it simply, "Did you know that vehicle registration fees are due immediately upon accepting employment or establishing residency in the State of California?" The OP is not stating that they will be doing either of those things.
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Old 06-24-2016, 12:03 AM   #7
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Domicile in another state, income NOT derived in California, means you can stay for 179 consecutive days, year after year, as a visitor within California borders without being legally considered as a state resident for tax purposes.

I checked this out with a tax lawyer a few years ago while living in the state of California and this is what I was informed.
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Old 06-24-2016, 12:14 AM   #8
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Here is the rule right from the Ca DMV re the requirement to register a vehicle in California, when other things like residency or employment are not established in California. The prior post re reporting cheaters is on the CHP website, and that is for people who actually take up residency/employment, the time requirement to change registration is actually a much shorter time period.


How To: Determine Residency/When Fees Are Due on Out-of-State Vehicles (HTVR 33)

What Is an Out-of-State (Nonresident) Vehicle?

A vehicle last registered in another state or country.

Do I Need to Register My Vehicle?

A vehicle must be registered in California if it is based in California or is primarily used on California highways (located or operated in this state for a greater amount of time than any other individual state during the registration period), even if registered to a nonresident owner (CVC 4000.4).


This is what you could be cited for(CVC 4000.4) if the length of time in CA vs other states could be proven. So you may have an issue if you actually store it in California, even though it would be stored on private property. That will be something you really need to call the DMV about.
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Old 06-24-2016, 11:53 AM   #9
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I have purchased two motorhomes in CA as an Oregon resident. To avoid paying the sales tax you will have to take out-of-state delivery. On a new motorhome a driver takes your motorhome to either AZ or NV. At the state line you meet a Notary who reviews your credentials and has you sign documents. The driver hands you the keys and you take possession of the motorhome. I found a CA webpage that said out-of-state residents can spend 6 months a year in CA without fear of the use tax. I might be able to find this if you would like.

Both times we brought our new motorhome directly back to Oregon. I personally wouldn't want to take out-of-state delivery and have the unit spend its first six months in CA. As I understand how it works if they ask for the tax, you owe it until one can prove otherwise. Proof includes fuel receipts, camping and storage receipts. I don't know of anyone who has run afoul with a motorhome but I have seen the saga of cruising sailboats in trouble with CA. It isn't pretty.
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Old 06-24-2016, 11:58 AM   #10
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Non issue.
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Old 06-24-2016, 12:12 PM   #11
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Quote:
Originally Posted by Mike and Cha View Post
Here is the rule right from the Ca DMV re the requirement to register a vehicle in California, when other things like residency or employment are not established in California. The prior post re reporting cheaters is on the CHP website, and that is for people who actually take up residency/employment, the time requirement to change registration is actually a much shorter time period.


How To: Determine Residency/When Fees Are Due on Out-of-State Vehicles (HTVR 33)

What Is an Out-of-State (Nonresident) Vehicle?

A vehicle last registered in another state or country.

Do I Need to Register My Vehicle?

A vehicle must be registered in California if it is based in California or is primarily used on California highways (located or operated in this state for a greater amount of time than any other individual state during the registration period), even if registered to a nonresident owner (CVC 4000.4).


This is what you could be cited for(CVC 4000.4) if the length of time in CA vs other states could be proven. So you may have an issue if you actually store it in California, even though it would be stored on private property. That will be something you really need to call the DMV about.
Mike's right but because you have an OR license and residency, the only way CA would know what you are doing is if someone turned you in. The CHP has a bounty (so to speak) where people can report other people with out of state licenses. https://www.chp.ca.gov/notify-chp/ch...tion-violators)

What they then do is check to see if you have a CA license. If so, you are busted. But in your case there would have to be some sort of proof that you are staying in CA and using your RV in CA. Your RV park may be able to provide the investigators with this info. I don't know. It's a long shot that you would get caught, but it could happen. If you drove and stored it in other places and could prove it, this would be a non issue....you would just be vacationing in CA.
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Old 06-24-2016, 08:33 PM   #12
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Just for more information, I am taking delivery (and purchasing) in Oregon.
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Old 06-24-2016, 10:04 PM   #13
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Just for more information, I am taking delivery (and purchasing) in Oregon.
If you don't plan on leaving it CA for more than six months a year I don't think you have anything to worry about. If you are going to leave it in CA year round you might.

Here is the full deets on CA use tax. Read the section "purchased or delivered out-of-state."

I still wouldn't have it delivered to Oregon and then take it immediately back to CA to use. That looks like you are trying to avoid paying CA taxes on a something intended for use in CA. I am not an attorney and hiring one who specializes in CA use taxes may be your ultimate answer.

I just reread your original post. You intend to keep it in Oregon for the first five months. I would plan to go camping during that time and have some receipts to show that you did. I don't think you legally can leave it in CA year round and not pay use tax. Could you get away with it? Only time will tell.
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Old 06-24-2016, 10:53 PM   #14
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Just for more information, I am taking delivery (and purchasing) in Oregon.
That makes it totally different. You are a Oregon resident so you don't have to worry about CA sales tax unless for some reason you decide to become a CA resident within the 1st year you own the coach.

If you're just vacationing in CA and not working here you don't have any issues although I'd leave the state for a full day every once in a while.

Your issues are different. You're on temporary assignment for 4 months a year, I assume they have an office in CA, for your OR employer. I don't believe CA and force you to get a CA license or register your car here. If your living in your MH I don't believe you're required to register it either.

The one sticky point I see is if you leave it here. CA would normally want your to register it in CA but you can't because you don't have a CA license.

You also need to discuss this with your employer since you may have to pay CA taxes while your here which would require you to also file a CA tax return. Only your payroll department can answer that question.

You've got a real interesting situation on your hands.
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