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Old 08-25-2016, 01:26 PM   #1
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Montana LLC with a SD domicile?

Are there any issues using a Montana LLC for vehicle ownership while maintaining a South Dakota domicile?
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Old 08-25-2016, 01:58 PM   #2
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Can't speak from experience, but don't see why not. Any other state is ok so why not SD?
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Old 08-25-2016, 06:32 PM   #3
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Depending on your home state's laws, you could be assessed taxes, penalties and interest for not registering it in your state if they catch you with it while you still have residence there. For example, it is registered out of state and you have an in-state driver's license. A lot of states only give thirty days or so to transfer registration from out of state or face penalties. The legalities and ethics of LLCs to avoid sales taxes has been hashed and rehashed on this and other forums. Do a search for Montana LLC and read for hours.
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Old 08-25-2016, 06:47 PM   #4
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Yes yo your question. Rv & Jeep in LLC since 2007.

SD Domicile since 2013.
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Old 08-25-2016, 07:16 PM   #5
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Quote:
Originally Posted by FatChance View Post
Are there any issues using a Montana LLC for vehicle ownership while maintaining a South Dakota domicile?
FatChance,
The subject of the Montana LLC has been discussed oh, maybe around 40-50 times or so on here and other RV forums. It usually gets heated about the second or third page. Some folks don't like them and will discourage the use of them by telling you you'll go to prison for the rest of your life if you even think about using an LLC. Some, have been using them for years and are NOT in prison.

You'll get a whole bunch of answers here but, the real answer is plain and simple. Check with one of two law firms that specialize in this application. The first is the Bennet Law firm in Montana. They have been setting up LLCs for decades. I suspect they know each and every RULE that applies to each and every state, governing the application of an LLC in their state.

Second, you could check with a local law firm of your state (area) and see what they have to say about it. Of course all states want their share of vehicle registration fees and taxes. By doing the LLC thing, it's intended for the user to save a bunch of money in both fields.

But, and this is the biggie. There are substantial RULES that each state has, that governs the use of LLCs as they apply to vehicles/Motor homes etc. Some are so strict, that obtaining an LLC to save the money, is simply not worth the massive hassle to follow a particular states rules. Some states rules are not nearly as bad as others.

But, if you find out what the rules are for your state, from Bennett or any other law firm that handles that sort of stuff, and then take them to either the local Highway Patrol office and or, the local DMV of your state and they agree, you're home free and good to go.

For instance, Nevadas rules were such that all you had to do to use and keep an LLC from Montana was, remove the coach from the state of Nevada every 30 or 60 days, (can't remember the exact amount). There was no time frame of how long it had to be removed from the state. So, the person we purchased our coach from, lived in Sparks NV. He would drive it to CA to put fuel in it, get the receipt, and drive it back to Sparks. He therefore, complied with Nevadas rules.

But, I think Nevadas rules have changed since we purchased it, about 5 years ago.

Anyway, do check with your insurance company about this situation and see what they have to say about it. Good luck.
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Old 08-25-2016, 07:20 PM   #6
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I've had a Montana LLC for 6 years and a SD domicile, no issues that I have come across.
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Old 08-25-2016, 07:45 PM   #7
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Please, let's not turn this into another drawn out discussion of Montana LLC. The OP asked a straight forward question. Two directly experienced responders have answered.
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Old 08-25-2016, 11:05 PM   #8
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Well,
Yes, you can blurt out an answer saying: Yeah, I do it and no problems. But, if the OP or, anyone else reading this thread, doesn't know where to start the process, then they can be lead astray and not accomplish what they might be wanting to do. The LLC system is a legal process. If you follow the legal process or "rules" then you're good to go.
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Old 08-25-2016, 11:28 PM   #9
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One issue I encountered was the lending companies I talked to did not want to deals with lending to a LLC titled vehicle. Your situation may vary.
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Old 08-26-2016, 12:01 AM   #10
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One issue I encountered was the lending companies I talked to did not want to deals with lending to a LLC titled vehicle. Your situation may vary.
That's a valid point. Check that out also.
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Old 08-26-2016, 05:42 AM   #11
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I plan on going FT next year.
I still don't know what I would save doing this. Is that what I'd be trying too do here.? Save money? Is it for a mailing address? I still don't get it.
What's LLC?
I'm still at that point. I never think about it until I read a thread about it then it starts all over.


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Old 08-26-2016, 06:42 AM   #12
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Had a MT LLC for years. If you are traveling and parked in other states, who is going to tell SD where you are? If you are going to really reside in SD, the MT LLC attorneys have the laws for the states and what is required if you actually live there.
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Old 08-26-2016, 06:53 AM   #13
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Quote:
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I plan on going FT next year.
I still don't know what I would save doing this. Is that what I'd be trying too do here.? Save money? Is it for a mailing address? I still don't get it.
What's LLC?
I'm still at that point. I never think about it until I read a thread about it then it starts all over.


Tim
Tim, an LLC is a Limited Liability Company. In spite of its name it is NOT a business. An LLC is a type of entity that allows someone to have the legal liability protection of a corporation without the hassles of being a corporation. It is mostly as asset protection tool used to protect assets from legal liability. For example, if my office is in an LLC and someone gets hurt at my office, the building itself is subject to the lawsuit, not my other assets.

The reason someone forms a Montana LLC is that Montana has no sales tax and the savings can be very substantial depending on the cost of your RV. Apparently, based on the posts of many full timers who use the Montana LLC and also use the South Dakota residency, South Dakota does not have an issue with the Montana LLC. Other states do have issues with the Montana LLC. As others have said, check with Bennett or other Montana LLC firms for the proper guidance.
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Old 08-26-2016, 07:14 AM   #14
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Skip all the discussion about LLC. The question is where is your vehicle considered "garaged". Since you are talking about South Dakota as as residence, then you must be full-timing and your vehicle really never gets "garaged" anywhere.

For those not full-timing, and the RV get parked in the same place for a while, then the registration state becomes an issue. The Sunbelt states usually have a 6 month window before "garaged" status is met. In the rest of the country, one month generally starts the "garaged status. There are exceptions, Arizona is 6 months as a visitor but take a job or government assistance and the requirement for Arizona registration is one week.

States do not care who owns the vehicle, they want their registration fees if the vehicle if "garaged" in their state. Colorado has law enforcement officers touring RV storage lots looking for South Dakota plated vehicles. South Dakota is looked at as a tax avoidance state but the states around it.

So unless you are a full-timer where you escape the"garaged" status for your RV, it doesn't matter if you use a Montana, or South Dakota, or Oregon, states with low or no sales tax, for your registration you may have a problem. And that problem is usually handled as tax evasion, a criminal offense with expensive results.
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