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Old 03-10-2014, 10:24 PM   #1
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Registering in CA. but not paying sales tax?

Help! I am trying to trade in a class A I bought in Fla., trading it in CA for a new one. My current unit is not registered. I own it and have clear title, but dealer in CA. won't touch it without it being registered. I had delayed doing so because I spent months outside the state and was following the BOE rules for avoiding the tax (by keeping the vehicle out of CA. for 12 months). I bought it in June so it's not yet been 12 months. But the dealer is afraid they'll get hit with the tax bill from DMV. SO - can I register it in CA. without paying the sales tax? Has the time period gone back to 90 days like it used to be? Or is there another reason I can register an out-of-state vehicle and not pay the thousands I would otherwise have to? Please, no value judgements. It's tax avoidance I'm after, and in accordance with their own rules...
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Old 03-10-2014, 11:11 PM   #2
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TheWanderers - what you are asking for is legal advice. Only a lawyer licensed to practice law can provide you the advice you seek legally.
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Old 03-10-2014, 11:11 PM   #3
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why not call the BOE? CA's websites are pretty informative too.
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Old 03-10-2014, 11:47 PM   #4
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Quote:
Originally Posted by VanDiemen23 View Post
why not call the BOE? CA's websites are pretty informative too.
Call BOE and ask them. Under no circumstances should you talk to DMV about this. They are a collection agency only and have no jurisdiction concerning tax matters. If you do contact DMV, they will say you are breaking the law and threaten you with jail and anything else.

Once again, contact BOE only. Do not lie to them, don't hold back the facts, tell them the truth and you will get the correct answer.
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Old 03-11-2014, 12:22 AM   #5
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Best to pay and get a real expert. If your a Ca resident you may be liable to pay the tax on it plus DMV fees.
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Old 03-11-2014, 10:30 AM   #6
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I have a question: If it is not registered how are you going to get it cross country? I do know that many states have laws which say something like "You have x days" or "xx hours" to get it home from point of sale.

But for sure, I know of no state that gives you the kind of time it will take to move it cross country. less you drive it to a train (Freight) terminal and park it on a flat car and THEY tansport it.. and then you will need to sell it to the dealer AT THE FREIGHT YARD so he can then drive it "home" (to the dealership) sans reg.

Thus, I blame him not for refusing to buy it.

A POSSIBLE solution: if dealer agrees, Many states offer a short term Temporary registration 15, 30 60 90 days depending on the state.

Visit DMV, get a temp reg, (Ask the dealer first) and if the dealer agrees, you have a solution.

If the dealer does not agree.. you need more information than I can give you
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Old 03-11-2014, 11:09 AM   #7
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You could talk to a DMV registration service that does it for a living and understands all the laws. We use one for all of vans that we buy at auctions to use for work trucks and they have been invaluable to us for saving money by understanding the laws and going to the DMV so we don't have to.
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Old 03-11-2014, 12:22 PM   #8
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Great responses here. (Mod Edit) As to getting a temp registration here, that may work. also I'm looking into using the BOE regs for use outside of CA and specifically BOE-111 which is a request for clearance, which may allow me to get registered, and then show reasoning as to why I don't owe the tax.
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Old 03-11-2014, 12:58 PM   #9
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Yup, BOE 111 is the one to use. Also read BOE PUB 52
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Old 03-11-2014, 04:42 PM   #10
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If you need a name for some folks that do registration service in Sacramento you can PM me and I will pass on the info.
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Old 03-12-2014, 01:27 PM   #11
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You can't register any motor vehicle in CA without paying tax on it or an enormous amount of fees.

Here is the LINK that you need to read about registering Out-Of-State vehicles in CA.

Dr4Film ----- Richard
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Old 03-12-2014, 07:34 PM   #12
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You can't register any motor vehicle in CA without paying tax on it or an enormous amount of fees.

Here is the LINK that you need to read about registering Out-Of-State vehicles in CA.

Dr4Film ----- Richard
Wow! -- 30% of that is the schedule of fees due!
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Old 03-12-2014, 07:50 PM   #13
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Wanderers,
When I lived in CA you could purchase an RV out of state and not pay CA taxes if it was registered out of state. After 12 months (out of CA) you could then bring the vehicle into California and register it without paying the sales tax. I know of people that registered their vehicles in Washington, Montana, and South Dakota without any problems. You have not yet registered your vehicle so I would presume California would just treat it as an initial registration and you would be liable for the sales taxes. I purchased two motorhomes in California and paid the taxes. When I purchased the third one, I registered it in California and kept it out of state. I felt guilty about it until I read about the legislator that passed the law so he could buy his boat and keep it in Lake Tahoe "out of state" so he didn't have to pay the sales tax. I was moving out of California anyway, so it just didn't make sense to pay the tax and leave. Good luck on your search.
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Old 03-12-2014, 09:14 PM   #14
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A new wrinkle - I'm being told by the DMV in Sacramento that I can simply do a "Title Transfer" where I'll put the coach officially in my name and have CA title, then sell it to the dealer. No need for registration or smog, and thus no incursion of sales or use tax. Now, I can see DMV coming back to me later, but then I can show all the out of state activity with a BOE-106 application (for the BOE-111) and possibly argue that the 12-month period wasn't met simply because I sold it in 8 months...dunno about that part yet. But the nice lady in Sac was quite clear that this would work.
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