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Old 07-25-2012, 05:11 AM   #15
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I know hollyacres very well. It has been a long time but have had great support for my boats from them.

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Old 07-25-2012, 08:11 AM   #16
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- Owners of vehicles moved out of Virginia must promptly register the vehicle in the state normally garaged or parked in accordance with that state's motor vehicle laws. Failure to do so will result in continuing or additional personal property tax liability to Prince William County (see Virginia Code 58.1-3511 which states that vehicles registered in Virginia but normally garaged or parked in another state are taxable in the locality in Virginia where registered).
That's why they try to tax you in two different States. One says it's where it is garaged or hangared and the other state says it's where it is registered.
You can't win so you have to look for alternate ways.

If they would just be fair, but it's not.

The Govt is nice to let you use and maintain their coach.

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Old 07-25-2012, 11:22 AM   #17
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- This is excellent news!!

- We live in Stafford County and the county taxes for the Anthem we are considering would be over $6,000. There is no way my bride is going to support this unexpected hit to our monthly budget.

- I reviewed the Prince William county tax website someone provided and verified that the motor home property tax is $0.0.

Again, this is excellent news!!

Thx Very Much!

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Old 07-25-2012, 11:29 AM   #18
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Originally Posted by Stan Boddie View Post

- This is excellent news!!

- We live in Stafford County and the county taxes for the Anthem we are considering would be over $6,000. There is no way my bride is going to support this unexpected hit to our monthly budget.

- I reviewed the Prince William county tax website someone provided and verified that the motor home property tax is $0.0.

Again, this is excellent news!!

Thx Very Much!

Wow, $6,000 will pay for a place to keep it with lots left over to buy diesel....
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Old 07-25-2012, 11:57 AM   #19
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Originally Posted by cnkinthebus
Only problem I see may develop with the LLC is the way our gov is digging deeper into any pocket they think may have change left. LLC may make one fall under DOT guidelines as even a not for profit biz and require you to have CDL and USDOT number. Remember you are being suggested the LLC as a way to change possible location of MH. Get advise from many 'official' knowledgeable people before making your choice. TN only requires sales tax on a motor vehicle, then it's $28.00 a year for tag. Good luck.
The dot stuff was mentioned by my happy happy tax auditor in illinois, as my montana llc was writing him a check for multiple thousands.

He also said the dotstuff is where they are going next.

Fyi... florida turned me in before the ink was dry on the document that said i was not registering the rv in florida where i bought it. The revenuers also troll these forums!
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Old 08-27-2012, 08:50 PM   #20
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Originally Posted by Stan Boddie View Post

- This is excellent news!!

- I reviewed the Prince William county tax website someone provided and verified that the motor home property tax is $0.0.

Hi Stan,

I, too, live in Stafford County. I garage my motorhome in Prince William County (Holly Acres).

Although you are correct that Prince William County DOES NOT tax RV's, it's NOT totally free.

There is a $24/year county RV registration fee.

If you haven't, yet, taken delivery, my advice would be to establish a contract with Holly Acres (or some other Prince William County storage facility) BEFORE you take delivery.

Just be sure, when you register the motorhome at DMV that they (DMV) reflect that your motorhome is garaged in Prince William County. DMV will be predisposed to show Stafford County (your place of residence) on your registration. DO NOT let them do that. MAKE SURE that DMV reflects the Prince William County garage of your motorhome.

Take care,
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Old 08-27-2012, 09:12 PM   #21
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VA personal prop tax is based on where the vehicle is garaged. But, the county or city in which you live might question why you have a vehicle garaged in another county, if they know about it. You have to have a valid reason that makes sense.

If you're wanting to register in MT, TX or SD, all of which have methods whereby you can avoid tax in other locations, you ought to be full-timing. If you park (garage) your RV at your stick home location, guess what? You should be paying taxes at that location.
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Old 08-27-2012, 09:41 PM   #22
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Originally Posted by wnytaxman View Post
Just as a point of clarification, an LLC is not necessarily a business. The term LLC is a Limited Liability Company and it only implies legal protection from potential lawsuits, not necessarily a business purpose. However, as hgoldie pointed out, an insurance company or finance company may not be aware of that distinction and may treat you as a business for insurance and or financing purposes. Lately the questions we are getting from banks and finance companies tend to make me think their intelligence tests are graded on a curve.

Getting back to the LLC issue. A tax attorney or a CPA may not necessarily know the auto registration laws in your state so they may not be aware of what you need to do to comply with your state's residency laws for vehicle registration. My client who got in trouble had purchased his new rig in Florida and used a Montana LLC to register it....no sales tax so he saved about $18,000 in sales tax. Well, he saved it until he got the letter from NY hitting him with the tax plus penalty and interest. The requirement in NY, as I understand it, is that the vehicle must leave the state once every 30 days to not be considered a "resident" vehicle. He couldn't prove that he did that, so he got dinged.

In real simple terms, find out the law and if you can comply with the requirements and prove that you complied, then the Montana LLC may work for you. If not then I would strongly recommend that you don't do the LLC. We are finding all the states are getting very aggressive in going after what they feel is owned to them. Even if you comply and can prove you complied you may still have to defend your decision and that can be costly.
According to CA an LLC IS a business and is treated as such by them. Here's an FMCA story on it:

Legislative Updates
Requirements For LLC-Registered Motorhomes
Is your diesel-powered motorhome registered as an LLC, or limited liability company? If so, you might be required to possess an International Fuel Tax Agreement license or a fuel trip permit when traveling out-of-state.

The International Fuel Tax Agreement (IFTA) is an agreement among jurisdictions in the United States and Canada for the uniform collection and distribution of fuel tax revenues.

According to the International Fuel Tax Association (IFTA Inc.), which oversees IFTA compliance, an IFTA license or a fuel trip permit is required for diesel-powered vehicles that:

weigh more than 26,000 pounds, or 11,797 kilograms;
have three or more axles, regardless of weight; or
have a combined weight (with towed vehicle) greater than 26,000 pounds, or11,797 kilograms.
The IFTA exempts motorhomes used by private individuals exclusively for recreation. However ...

LLCs Not Excluded. LLC-registered motorhomes that qualify under the weight or axle requirements are not exempt from the license/permit requirement — even if owners furnish poof that the LLC was not formed to transact business.

“To determine whether or not a motorhome is a qualified motor vehicle and subject to the tax collected under the International Fuel Tax Agreement, the member jurisdictions will look at how the motorhome is being used,” said Lonette Turner, executive director of IFTA Inc.

“If it is being used in a business endeavor of any kind, it is subject to the fuel use taxes collected under the IFTA, regardless of whether an individual or a company registers the vehicle. Because an LLC is a limited liability company, the term alone indicates that it is a business. This may cause jurisdiction enforcement officers to look more closely at the vehicle.”

About The IFTA. The 48 contiguous U.S. states and 10 Canadian provinces are members of IFTA. Jurisdictions set their own tax rates, and are only required to notify other base jurisdictions of the proper tax rates to collect.

An IFTA license allows the holder to file one tax return for travel in all IFTA jurisdictions. A fuel trip permit allows out-of-state registered vehicles to travel in a state for a limited time without obtaining a license for fuel tax purposes.

Fuel trip permit fees and IFTA license fees, as well as fines and penalties, vary across jurisdictions.

Qualified vehicles driven solely in one state are not required to have an interstate fuel permit or an IFTA license. (A few jurisdictions may require intrastate reporting or licensing for qualified vehicles. Check with individual jurisdictions for more information.)

License Or Permit? IFTA Inc. doesn’t make suggestions regarding licensing, Ms. Turner said. “It usually comes down to a business decision for the operator of the vehicle, whether it is more cost-effective to license or to simply purchase trip permits.”

If you usually operate your vehicle in one jurisdiction only, but make occasional trips outside that jurisdiction, you may wish to consider purchasing trip permits for that occasional travel.

If you plan to travel out-of-state before receiving your IFTA license, you must purchase fuel trip permits for each jurisdiction in which you travel. Permitting services typically can be contacted from any major truck stop.

To obtain an IFTA license, contact the jurisdiction where you are based; that is, where your motorhome is registered. You must complete a form specific to your base jurisdiction. If you qualify, you will receive an IFTA license, two decals, and information about IFTA compliance and record-keeping.

The International Fuel Tax Association Inc.’s Web site, IFTA, Inc., contains a Links page that lists the Web sites of every IFTA base jurisdiction. From the One Stop Shop page, you can select contact information for any IFTA member state or province.

“My best advice,” Ms. Turner said, “is to contact each state you’re going to, or that you’re from, and just make sure to get information ahead of time.”

About LLCs

A limited liability company is a business structure that limits the owner’s personal liability for the debts and actions of the LLC. At the same time, it simplifies the taxation of income by passing profits or losses on to individuals.

Owners of an LLC are called members. Members may include individuals, corporations, other LLCs, and foreign entities. Most states also permit “single member” LLCs, those having only one owner.

All 50 U.S. states allow the formation of LLCs. Applicants must file articles of organization with the Secretary of State and pay the required fees.

Each state has different rules regarding LLC formation. For more information, check your state’s requirements and federal tax regulations.

California and the IFTA

IFTA talk began to circulate in the motorhoming community after an FMCA member reported that California was enforcing the IFTA permit requirement for vehicles entering the state. On Internet forums opinions began to circulate, including whether inspection stations were checking motorhome registrations for LLC ownership.

The California State Board of Equalization (BOE) administers the diesel fuel tax program and the state’s participation in the IFTA. Several inquiries to the BOE produced the same response: Qualified diesel-powered motorhomes registered as an LLC will be considered a business. They must possess a permit or IFTA license, or risk a $100 fine.

Business Endeavor? FMCA member Allan Griefer of Las Vegas, Nevada, heard about the IFTA rumors. He contacted the BOE in California to verify that the IFTA applies to LLC-registered motorhomes even if they do not transact business.

Mr. Griefer received a written reply from Margaret Shedd, legislative council for the BOE.

“Such an (LLC) ownership of the motor coach is considered a business endeavor,” Ms. Shedd wrote. “The individuals that make up the LLC are business partners with limited liability when the motor coach is used by one of the other members of the LLC.”

In her response letter, Ms. Shedd said the BOE will examine the ownership of a qualified motorhome only if visual evidence indicates the vehicle is being used in connection with a business endeavor.

Visual evidence includes business logos displayed on a motorhome or towed vehicle. In such cases, Ms. Shedd said, the board will examine the registration and the specifics of the case to decide whether the vehicle should be registered under the IFTA. "Staff will not examine the registration of a motor coach that does not have visible signs of business endeavors."

Obtaining A Permit, License. In California a fuel trip permit costs $30 and is valid for four days of travel in the state. The permit also allows California-registered vehicles to re-enter California after traveling out-of-state if they are unlicensed for fuel tax purposes. The permit must be obtained prior to entering or re-entering the state.

To order a permit, send $30 (check or money order) for each permit to the Motor Carrier Section, State Board of Equalization, 450 N. St., MIC: 65, P.O. Box 942879, Sacramento, CA 94279-0065.

For a listing of locations that sell California fuel trip permits, visit the BOE Web site, California State Board of Equalization.

To apply for an IFTA license valid for travel in all IFTA member jurisdictions, California residents may call the State Board of Equalization at (800) 400-7115 or (916) 322-9669.

Getting A Refund. In California, if a motorhome owner is assessed a penalty for not possessing valid IFTA credentials or a fuel trip permit, the person may seek relief of the penalty by following the directions on the back of the assessment. If relief is granted, the penalty will be refunded.

A Request for Relief from Penalty form is available on the BOE Web site, California State Board of Equalization, under “Forms & Publications” as a fill-in form.

Lonette Turner, executive director of the International Fuel Tax Association, said each IFTA jurisdiction has the right to handle administrative remedies, such as penalty relief, according to its own laws. "Only if they don't have such a law would IFTA appeal provisions apply," she said.
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Old 08-27-2012, 09:53 PM   #23
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We moved out of Stafford last year and were lucky because all our vehicles were registered legally in NC since I am in the military and was previously stationed there. My home of record BTW is Florida. I'm assuming you aren't military.
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Old 08-29-2012, 04:15 PM   #24
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I live in Fairfax County right next to Prince William County so I have my MH registered/stored there. For those in VA considering using a Montana LLC or some other such plan, this is straight from Prince William County's Personal Property Tax information page:

"PLEASE NOTE: The personal property tax applies to any vehicle normally garaged or parked in the County, even if it is registered in another state. Virginia law also makes vehicles with an active Virginia registration taxable in the Virginia municipality where it is registered, even if the vehicle is garaged or parked in another state."

I'm sure it's this way for every Va. county. One way or another they're going to get something from you.

Military members are handled differently.
Military Personnel - Personal Property Tax

Exemption for Active Duty Military Personnel and their spouses who are NOT Residents of Prince William County or Virginia

Active duty military personnel living in Prince William County, but legal residents of a state other than Virginia are exempt in Prince William County. To receive the exemption, a copy of your vehicle registration, leave and earnings statement (LES) and military ID must be mailed in or presented at one of our branch offices.

Effective Nov. 11, 2009, Personal property jointly and solely owned by nonmilitary spouses will not be subject to personal property taxation in the County as long as they claim for the domicile the same state and residence as their service member spouse claims.

Military Personnel Whose Legal Residence is Virginia ARE NOT Exempt

Active duty military personnel who claim Virginia as their legal residence are NOT exempt from the personal property tax and license fee. All personal property subject to the tax must be reported and the tax paid on these items regardless of where the property is located during the year. Active duty military personnel who are residents of Virginia, but of a County other than Prince William, must show proof of filing in that County to avoid paying personal property taxes in Prince William.

Christopher & Michele
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