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Old 01-31-2013, 12:17 PM   #99
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I am not suggesting you go to a Montana LLC. What I am saying is that it is LEGAL to do so, although by doing so you are avoiding tax and subject to back taxes and fines. (Not worth the attempt. ) When you do something overt to then NOT PAY those back taxes and fines then and ONLY then are you involved in tax EVASION which carries possible JAIL SENTENCES along with the aforementioned back taxes and fines.

It seems to me that this is the same thing as saying that taking money from someone's till isn't a crime until you get caught.
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Old 01-31-2013, 12:30 PM   #100
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Originally Posted by gbennett92b View Post
I am not suggesting you go to a Montana LLC. What I am saying is that it is LEGAL to do so, although by doing so you are avoiding tax and subject to back taxes and fines. (Not worth the attempt. ) When you do something overt to then NOT PAY those back taxes and fines then and ONLY then are you involved in tax EVASION which carries possible JAIL SENTENCES along with the aforementioned back taxes and fines. In my view you are all correct in saying states are hurting and getting more aggresive in going after the folks avoiding taxes and you will eventually get caught and suffer the consequences. The fines alone are not worth the risks.

I don't mean to get overly involved in semantics, but if someone has complied with the law of their home state and have decided that they can prove that compliance, then using a Montana LLC is tax avoidance which is completely legal. Using a Montana LLC while not complying with the laws of one's own state is tax evasion and that is what is subject to penalties and interest. As far as potential jail time for using a Montana LLC, I have never heard of that happening, however it could be done if the dollars are big enough and an auditor wants to make an example of someone. Personally I wouldn't want to run that risk.
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Old 02-01-2013, 01:34 PM   #101
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I was the originator of this post and decided to pay sales tax verses go the Montana LLC route. In the final analysis the Montana LLC is a route to take if you are justified by your business needs in doing so, but if your looking at the LLC as a way to avoid paying tax not based upon a legitimate business then that is just not right. Thanks for the many inputs!!!
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Old 02-01-2013, 01:35 PM   #102
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I was the originator of this post and decided to pay sales tax verses go the Montana LLC route. In the final analysis the Montana LLC is a route to take if you are justified by your business needs in doing so, but if your looking at the LLC as a way to avoid paying tax not based upon a legitimate business then that is just not right. Thanks for the many inputs!!!
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Old 02-01-2013, 01:36 PM   #103
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I was the originator of this post and decided to pay sales tax verses go the Montana LLC route. In the final analysis the Montana LLC is a route to take if you are justified by your business needs in doing so, but if you looking at the LLC as a way to avoid paying tax not based upon a legitimate business then that is not right. Thanks for the many inputs!!!
And thank you, O.P., for your honesty and good Citizenship!
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Old 02-01-2013, 02:22 PM   #104
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Thanks for letting us know your decision. So often someone will ask a question which gets lots of responses but we never know what they decided or if our comments helped.

Enjoy your new rig. Many happy and safe travels.
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Old 02-01-2013, 03:27 PM   #105
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Thanks, taxman, for your valuable posts in this thread. You've defined the concept perfectly but the majority out there still are misinterpreting not only what you've posted but the concept in general.

As you can see, there's STILL a lot of misinterpretation as to why a Montana LLC could be benefial to some without breaking any laws.

Again, it's not for all but for some, it works quite well. It's definitely not for folks with a stick house who only use their RV occasionally for short trips especially when those short trips are within their own state. It primarily works best for those on the go visiting other states who are not at their stick house in their home state the majority of the time.

-harry
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Old 02-01-2013, 03:42 PM   #106
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Thanks, taxman, for your valuable posts in this thread. You've defined the concept perfectly but the majority out there still are misinterpreting not only what you've posted but the concept in general.

As you can see, there's STILL a lot of misinterpretation as to why a Montana LLC could be benefial to some without breaking any laws or evading taxes ...or even avoiding taxes.

Again, it's not for all but for some, it works quite well. It's definitely not for folks with a stick house who only use their RV occasionally for short trips especially when those short trips are within their own state. It primarily works best for those on the go visiting other states who are not at their stick house in their home state the majority of the time.

-harry
Great summary Harry! Likewise your posts have been helpful.

There is so much confusion about the Montana LLC that so many folks just get all types of misinformation. It is confusing because it is a mix of sales tax law with registration laws with residency laws and the list goes on and on. Any time someone wants to use something that is out of the mainstream in regards to taxes they have to know what they are doing and they have to be prepared to defend themselves if they get challenged. Not eveyone is up for that fight.

Safe travels to you and yours!
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Old 02-01-2013, 07:35 PM   #107
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I am a former GA Revenue Agent. Collected GA sales tax from many Montana LLC's maintaining the RV in GA.
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Old 03-10-2013, 03:44 PM   #108
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Cool we four

Move to Oregon or know someone that will let you use there address. Just be careful not to park it in Ca. where the cops can see it.
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Old 03-10-2013, 03:53 PM   #109
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Move to Oregon or know someone that will let you use there address. Just be careful not to park it in Ca. where the cops can see it.
Oregon takes a VERY dim view of such practices!

The State very vigorously attempts to expose such fraud and has in fact prosecuted several individuals that were making such arrangements for out-of-Staters.

Here quoting from:

Oregon DOJ
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In August 2005, DOJ began investigating Harden regarding her involvement in a scheme to assist out-of-state businesses and individuals in avoiding sales tax and registration fees in their home states by fraudulently registering their motor vehicles, primarily luxury motor coaches, in Oregon. Ms. Harden allowed her personal residential address to be used to establish what appeared to be a legitimate address in-state.
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Old 03-10-2013, 04:46 PM   #110
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I've followed this thread, and many others about Montana LLC's, and while a Montana LLC wasn't really a thought for us - plus sales tax was relatively low on our used RV - I've tried to come up with an idea of what types of businesses would be a good fit for this option.

I would think that someone that works as an independent contractor and has to travel around the country for work, would be a good candidate - oil field workers, gate workers, maybe even part time campground hosts.

Another that I think would be a good fit, would be a photographer or painter. If you have a business where you take photos or paint scenery/individuals/businesses, etc *and* sell them or put them up for sale, I would think it would be an acceptable fit.
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Old 03-10-2013, 04:52 PM   #111
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Call me a radical thinker, but:

Ya know what I think would be a good fit for a "Montana LLC"?
A business/person/vehicle that's actually physically based in Montana!
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Old 03-10-2013, 04:54 PM   #112
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Call me a radical thinker, but:

Ya know what I think would be a good fit for a "Montana LLC"?
A business/person/vehicle that's actually physically based in Montana!
X2.
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