Go Back   iRV2 Forums > iRV2.com COMMUNITY FORUMS > iRV2.com General Discussion
Click Here to Login
Join iRV2 Today

Mission Statement: Supporting thoughtful exchange of knowledge, values and experience among RV enthusiasts.
Reply
  This discussion is proudly sponsored by:
Please support our sponsors and let them know you heard about their products on iRV2
 
Thread Tools Search this Thread Display Modes
 
Old 06-21-2016, 06:33 PM   #29
Senior Member
 
BillJinOR's Avatar


 
Monaco Owners Club
Join Date: Jul 2012
Posts: 765
Best advice is seek a pros advice . There are a couple attny in Montana that deal with this and offer "free" prelim info if you call them. I'm not interested so I never noted them but I'm sure Google can find them. Campfire advice is no good when real hard facts are available esp on a serious matter like doing it right to avoid serious penalties.
__________________

__________________
2003 Beaver Marquis
2016 25' (20'box) CargoMate car hauler
Bill
BillJinOR is offline   Reply With Quote
Join the #1 RV Forum Today - It's Totally Free!

iRV2.com RV Community - Are you about to start a new improvement on your RV or need some help with some maintenance? Do you need advice on what products to buy? Or maybe you can give others some advice? No matter where you fit in you'll find that iRV2 is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with other RV owners, see fewer ads, upload photographs, create an RV blog, send private messages and so much, much more!

Old 06-21-2016, 07:33 PM   #30
Registered User
 
Winnebago Owners Club
Freightliner Owners Club
Join Date: Dec 2015
Location: Denver, CO
Posts: 966
Quote:
Originally Posted by BillJinOR View Post
Best advice is seek a pros advice . There are a couple attny in Montana that deal with this and offer "free" prelim info if you call them. I'm not interested so I never noted them but I'm sure Google can find them. Campfire advice is no good when real hard facts are available esp on a serious matter like doing it right to avoid serious penalties.
Also talk to a tax attorney in your own state. That was one of the biggest issues in the trials - the Montana attorneys could only tell you what is legal in Montana, and neglected to advice the LLC potentials to check their own state laws. Montana attorneys are more than willing to offer all the free preliminary advice you want, they are just trying to make a living. Some of the CO dealers would even fix you right up with a Montana att. Problem was the Dealers had find their own CO attorneys when they got indicted themselves.
__________________

__________________
Atom Ant is offline   Reply With Quote
Old 06-22-2016, 10:05 AM   #31
Senior Member
 
Join Date: Apr 2010
Location: Western NY
Posts: 2,801
Quote:
Originally Posted by Atom Ant View Post
Also talk to a tax attorney in your own state. That was one of the biggest issues in the trials - the Montana attorneys could only tell you what is legal in Montana, and neglected to advice the LLC potentials to check their own state laws. Montana attorneys are more than willing to offer all the free preliminary advice you want, they are just trying to make a living. Some of the CO dealers would even fix you right up with a Montana att. Problem was the Dealers had find their own CO attorneys when they got indicted themselves.

One of my clients got nailed with the Montana LLC by NY State. He called his Montana law firm right away and their response was that they were not licensed to practice in NY so he was on his own.

As a side note, most tax attorneys are not going to be particularly versed in sales tax and residency law. You will need to find one that specializes in tax issues on the state level or a CPA who also specializes in that area.
__________________
2011 Berkshire 390bh (traded) 2018.5 Entegra Aspire 44R on order
wnytaxman is offline   Reply With Quote
Old 06-22-2016, 10:17 AM   #32
Senior Member
 
Join Date: Nov 2013
Location: Elko, Nv
Posts: 492
What if a person was to rent a room in Mt and didnt bother with the LLC and just had everything registered in thier name ? No different than living anywhere else. I already paid sales tax and am tired of 4k a year registration on the mh, let alone all the other registrations. House is for sale and will probably buy a summer home when it sells and travel mostly.
__________________
NevadaNick is offline   Reply With Quote
Old 06-22-2016, 12:05 PM   #33
Senior Member
 
Join Date: Apr 2010
Location: Western NY
Posts: 2,801
Quote:
Originally Posted by NevadaNick View Post
What if a person was to rent a room in Mt and didnt bother with the LLC and just had everything registered in thier name ? No different than living anywhere else. I already paid sales tax and am tired of 4k a year registration on the mh, let alone all the other registrations. House is for sale and will probably buy a summer home when it sells and travel mostly.

It isn't just a matter of renting a room in another state. How long will you be in that state? Can you PROVE that you were in that state more than 183 days? Where is your RV garaged? From what state do you get your income? Where do you vote? Where is your driver's license from? Do you have any income in the state you are now purporting to live in?

Residency is one of the most complex tax issues out there. Remember the burden of proof is on the taxpayer in residency issues. Think about it. How can you prove you WEREN'T somewhere? I've been through a number of the residency audits and they are not fun and they are not easy.
__________________
2011 Berkshire 390bh (traded) 2018.5 Entegra Aspire 44R on order
wnytaxman is offline   Reply With Quote
Old 06-22-2016, 12:44 PM   #34
Senior Member
 
Join Date: Aug 2011
Location: Enjoying the Western States!
Posts: 5,553
There is big confusion here. All three old links that 'Atom Ant' gave in a previous post were regarding Colorado or Massachusetts 'residents' who owned a house in those states, worked in those states and lived in those states enough time that they were required to be residents of those states.

If you fall under those categories then yes, you had better check with a lawyer from the state you live and work and you'll find that most often, there are very strict rules you need to follow.

Most often on these LLC posts, people are talking about full-timers.... or they should be. That's a completely different issue. If you're a 'real' full-timer, you sell your house and have no ties with your previous home state. You are then free to choose whatever state you want to register your vehicles. It is perfectly legal. You need to register somewhere. Very few full-timers stay registered in their previous state for financial reasons. There are other states that are much better, not only Montana. Full-timers need to choose their state by ease of getting medical insurance they can easily travel with, income or other taxes, vehicle insurance rates, etc. Just by choosing a state doesn't require you to stay in that state.
__________________
Full-timed for 16 Years . . . Back in S&B Again
Traveled 8 yr in a 2004 Newmar Dutch Star 40' Diesel
& 8 yr in a 33' Travel Supreme 5th wheel
twogypsies is offline   Reply With Quote
Old 06-22-2016, 01:13 PM   #35
Registered User
 
Winnebago Owners Club
Freightliner Owners Club
Join Date: Dec 2015
Location: Denver, CO
Posts: 966
Quote:
Originally Posted by twogypsies View Post
There is big confusion here. All three old links that 'Atom Ant' gave in a previous post were regarding Colorado or Massachusetts 'residents' who owned a house in those states, worked in those states and lived in those states enough time that they were required to be residents of those states.

If you fall under those categories then yes, you had better check with a lawyer from the state you live and work and you'll find that most often, there are very strict rules you need to follow.

Most often on these LLC posts, people are talking about full-timers.... or they should be. That's a completely different issue. If you're a 'real' full-timer, you sell your house and have no ties with your previous home state. You are then free to choose whatever state you want to register your vehicles. It is perfectly legal. You need to register somewhere. Very few full-timers stay registered in their previous state for financial reasons. There are other states that are much better, not only Montana. Full-timers need to choose their state by ease of getting medical insurance they can easily travel with, income or other taxes, vehicle insurance rates, etc. Just by choosing a state doesn't require you to stay in that state.
Yes, those articles were about people that used the Montana LLC to avoid paying taxes to the state they resided in. Oregon was in there too, but the article is no longer on the web.

Full time doesn't necessarily mean you get to chose as you wish. Technically you are supposed to register and pay taxes in the state you reside in the most. Many nomad workers in CO with SD and Montana plates thought they were off the hook - and they weren't. Be prepared to show receipts for where you have been throughout the year if you get challenged. Some of those people with SD plates had never been to SD in their lifetime.
__________________
Atom Ant is offline   Reply With Quote
Old 06-22-2016, 01:41 PM   #36
Senior Member
 
Join Date: Apr 2010
Location: Western NY
Posts: 2,801
A full timer does have to be one without a permanent residence, which is generally a real property address. Most states consider you to be a resident if you earn income in that state, reside in that state more than 183 days, or have some other connection to that state that would imply residency.

I believe that those that have South Dakota plates are required to physically be in SD to obtain their driver's license, but others who utilize the SD residency for their full timing can answer this much better than I can.

As to being a work camper, one would just simply file a non-resident tax return in that state. Not a big deal and not one that would suddenly create a sales tax issue on their motor home unless they purchased it while living in the state they are now working in.
__________________
2011 Berkshire 390bh (traded) 2018.5 Entegra Aspire 44R on order
wnytaxman is offline   Reply With Quote
Old 06-22-2016, 02:36 PM   #37
Senior Member
 
Join Date: Nov 2013
Location: Elko, Nv
Posts: 492
If i own a house in a certain state and dont spend much time there but rather spend my time in another state renting, which one is my domicile ? I can live anywhere i choose and still do my job.
__________________
NevadaNick is offline   Reply With Quote
Old 06-22-2016, 03:25 PM   #38
Senior Member
 
Join Date: Apr 2010
Location: Western NY
Posts: 2,801
Quote:
Originally Posted by NevadaNick View Post
If i own a house in a certain state and dont spend much time there but rather spend my time in another state renting, which one is my domicile ? I can live anywhere i choose and still do my job.
Generally most states use the 183 day rule. That is, if you spend 183 days in a particular state, then that is your residence. There are exceptions to that rule such as you show intent to never leave your prior state by maintaining a residence in your former state or applying for a resident fishing or hunting license in your former state. I have even seen someone get nailed for back income taxes when they applied for a resident parking permit in their former home state.

If you can earn your income in any state, then you would become a resident of any state in which you spend at least 183 days. If you don't stay in one state for at least 183 days then the next test would be driver's license, voting registration, and even social, professional, or religious organizations to which you may belong. The tests are pretty comprehensive but the reality is that even full timers are a "resident" of one of the 50 states.
__________________
2011 Berkshire 390bh (traded) 2018.5 Entegra Aspire 44R on order
wnytaxman is offline   Reply With Quote
Old 06-22-2016, 03:42 PM   #39
Senior Member
 
Join Date: Jan 2016
Posts: 587
Quote:
Originally Posted by wnytaxman View Post
A full timer does have to be one without a permanent residence, which is generally a real property address. Most states consider you to be a resident if you earn income in that state, reside in that state more than 183 days, or have some other connection to that state that would imply residency.

I believe that those that have South Dakota plates are required to physically be in SD to obtain their driver's license, but others who utilize the SD residency for their full timing can answer this much better than I can.

As to being a work camper, one would just simply file a non-resident tax return in that state. Not a big deal and not one that would suddenly create a sales tax issue on their motor home unless they purchased it while living in the state they are now working in.

In order to obtain a SD drivers license you have to be physically in the state for 24 hours and show a hotel receipt or camp ground receipt to prove that. The DMV will issue a SD drivers license with your SD address on it. We just did this last year and it was simple to do. We then registered all of our vehicles in SD as well as registered to vote. We recently voted via absentee ballot.
__________________
Tim and Gracie with Sadie and Tucker the wonder twins
2016 Outlaw 37RB, 2015 Roadglide Ultra CVO
Future DP owner????
HarleyOutlaw is offline   Reply With Quote
Old 06-22-2016, 04:28 PM   #40
Senior Member
 
Damon Owners Club
Freightliner Owners Club
Join Date: Jun 2012
Location: South Dakota and everywhere!
Posts: 369
Quote:
Originally Posted by NevadaNick View Post
If i own a house in a certain state and dont spend much time there but rather spend my time in another state renting, which one is my domicile ? I can live anywhere i choose and still do my job.
Your domicile is where your driver's license and insurances are based.
__________________
2004 Damon Escaper LX400 4194
40' Diesel Pusher, Freightliner Chassis,
Cummins ISL 400hp
blang is offline   Reply With Quote
Old 06-27-2016, 12:50 PM   #41
Senior Member
 
Join Date: Oct 2012
Posts: 457
Quote:
Originally Posted by rjsupersonic View Post
I have had a Montana LLC for 5 years without any issues. I would not go the LLC route if you live in Washington State or Colorado. We use South Dakota for our mailing/legal address, but we travel fulltime no problem if it is done correctly.
Do you have any idea on RV insurance costs between these two states-SD and MT?

I am thinking about doing the same as you.
__________________
RMD3819 is offline   Reply With Quote
Old 06-27-2016, 10:15 PM   #42
Senior Member
 
Mrfoto's Avatar
 
Winnebago Owners Club
Join Date: Aug 2012
Location: Danville VA
Posts: 236
Ok, but what about personal property taxes if you claim Montana
__________________

__________________
Paul & Carol plus 2 Bichons
2015 Winnebago Sightseer 35G, Blue Ox Tiger TracBar, 5 Star tune, Safe-t-plus steering
2008 HHR Toad & Working hard at retirement
Mrfoto is offline   Reply With Quote
Reply

Tags
montana



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Montana MH Licensing/RV LLC???? Ragman Class A Motorhome Discussions 43 03-13-2008 06:00 PM
Buying an Alpine & selecting a Montana LLC rbguinn Alpine Coach Owner's Forum 30 10-19-2007 01:30 PM
Montana LLC /NKK Ecker Newmar Owner's Forum 17 08-09-2007 10:02 AM
Montana LLC's ChiefJohn Excel Owner's Forum 1 05-15-2007 04:59 AM
Montana LLC ChiefJohn iRV2.com General Discussion 1 01-15-2007 12:30 PM

» Virginia Campgrounds

Reviews provided by


Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -6. The time now is 08:40 PM.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.