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Old 05-24-2010, 09:24 PM   #15
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Vegascouple's point of the states being very hard up for tax $$$ is very true. I have been a CPA for 35 years and I have never seen the states being so intent on collecting all taxes whether or not they are due. We have seen NY even send out notices on a corporation that was dissolved over 22 years ago. The tactics being employed by the states are bordering on being illegal, but they will do anything they can to generate revenue. Even if you are right and meet your states requirements for the Montana LLC, you may still have to defend the use of the LLC. Is it cheaper to pay the tax or pay a lawyer or CPA to defend your use of the LLC?
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Old 05-25-2010, 06:34 AM   #16
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Regarding Colorado, or any other state for that matter from the quote in "azloafer's" post regarding Colorado Law, above:
Quote:
or any person who has resided within this state continuously for a period of 90 days
I wonder how this can be true if say I'm a legal resident of another state and yet own a second home in Colorado and spend the summer in Colorado? Lot's of people are doing this, so I guess my point is the law doesn't appear to be as cut and dried as the statement implies.

The reason I'm bringing it up is right now I'm a Colorado resident, and due to the high taxes, especially on vehicle purchases, etc., and even more on the state doing away with the Senior Homestead Exemption on property taxes, I'm pretty disgruntled. I also own property in Texas, and am strongly considering changing my domain to Texas where taxes are much better on motorhomes, as well as no income tax, etc.
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Old 05-25-2010, 08:00 AM   #17
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Quote:
Originally Posted by Bob (WA0MQE) View Post
Regarding Colorado, or any other state for that matter from the quote in "azloafer's" post regarding Colorado Law, above: I wonder how this can be true if say I'm a legal resident of another state and yet own a second home in Colorado and spend the summer in Colorado? Lot's of people are doing this, so I guess my point is the law doesn't appear to be as cut and dried as the statement implies.

The reason I'm bringing it up is right now I'm a Colorado resident, and due to the high taxes, especially on vehicle purchases, etc., and even more on the state doing away with the Senior Homestead Exemption on property taxes, I'm pretty disgruntled. I also own property in Texas, and am strongly considering changing my domain to Texas where taxes are much better on motorhomes, as well as no income tax, etc.
Come on home Bob. Even though our tax rates are some of the lowest in the country, we need every penny.
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Old 05-25-2010, 12:20 PM   #18
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Basically, state DMV requirements for driver's licenses (required by vehicle weight and type) read almost word for word the same. I think back in the late 80s or early 90s there was a program to bring all states into the same requirements. There are exceptions. An example would be Florida. Florida allows a regular driver's license holder to operate a recreational vehicle (over 26,001 + lbs.) if it is for personal use. Some states to not allow this.

The hard part is states vary quite a bit on when a person must title a vehicle in their state. Some are quite liberal and some very strict. Again, an example of a liberal state is Florida. In Florida one must title a vehicle when:
1. a motor vehicle is required by law to be registered within ten days of the owner either becoming employed, placing children in public school, or establishing residency. Registering your motor vehicle goes hand in hand with the titling process.

or

2. a motor vehicle is purchased by an out of state corporation where any officer of the corporation, or any stockholder or partner who owns at least 10 percent of the corporation or partnership, is a Florida resident. However, if the vehicle is removed from Florida within 45 days after purchase and remains out of the state for a minimum of 180 days, the purchasing entity may qualify to pay its home state tax rate, despite the residency of its owners, stockholders, or partners.

For members of this forum, these rules were written into law by and for those owning multi million dollar yachts and planes. There is a huge inventory of yachts and planes in Florida that follow these laws. The ability of an RVer to follow the law doesn't even amount to a rounding error on the total amount of tax the state has knowingly declined to collect. Florida understands where much of its'' revenue comes from and will not disrupt that revenue stream. Other states may not have the same revenue stream as Florida. Therefore, they need to have different laws governing their state. Florida understands they must be competitive to continue to generate revenue from their largest sources.

In addition to the above mentioned items, other states may have a captive group of residents that can not easily move. Florida has a very large population of residents that could change their residency quickly and without difficulty. Florida understands this and will remain competitive with other states for this population (and revenue stream). Over 11 million RVs come to Florida every winter.

The bottom line is the Montana (or any other state) LLC is not the problem. The problem is the variety of rules each state has for titling a vehicle. One needs to ensure these rules are followed.
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Old 06-30-2010, 08:13 PM   #19
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Motorhome owner pleads guilty to tax evasion Tuesday, 24 June 2008 00:00 Hilary Pruitt of Evergreen, Colo., has a cautionary tale about sales taxes and vehicle registration.
WOW, you brought this OLD thread back to life with an article that is over 2 years old.
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Old 06-30-2010, 08:18 PM   #20
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I thought this post might help someone avoid trouble. Someone else is pushing the Montana LLC and telling people that it is legal and to do a search here. Joe
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Old 07-05-2010, 11:09 AM   #21
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Every state is DIFFERENT. John Bennett is current on all state laws.
Don't do it if it is illegal in your state. If you can comply with your state laws with a Montana LLC, it will save you a LOT of money, on the initial sale and future registrations.
It is legal in many states if you follow the law. There is a big difference between tax avoidance and tax evasion. You do deductions when you file your income tax return.
Assuming all deductions are legal, are they avoidance or evasion??
We are all jailhouse lawyers here, call Bennett!!

Kerry
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Old 07-05-2010, 06:10 PM   #22
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Originally Posted by two-niner View Post
Every state is DIFFERENT. John Bennett is current on all state laws.
Don't do it if it is illegal in your state. If you can comply with your state laws with a Montana LLC, it will save you a LOT of money, on the initial sale and future registrations.
It is legal in many states if you follow the law. There is a big difference between tax avoidance and tax evasion. You do deductions when you file your income tax return.
Assuming all deductions are legal, are they avoidance or evasion??
We are all jailhouse lawyers here, call Bennett!!

Kerry
Agreed... John, Dan, Thad and the guys are top notch!

As stated, it's important to ensure you're well within the spirit of the laws for your state. Some states specifically target such things. Others have requirements that can easily be met. For example, Virginia states that a vehicle registered to an out-of-state entity may not be parked continuously in Virginia for six consecutive months. If you're an active RVer and leave the state for extended periods, this isn't an issue at all.

Don't listen to us -- check with not only Bennett, but your own local tax attorney to ensure you're within compliance of local laws.

Good luck!
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Old 07-06-2010, 12:31 PM   #23
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I forgot to add: Keep a log book with all your gas/diesel receipts in it. Make sure they are dated. That will stand up as proof of being out of state. There are so many ways of staying legal in MOST states. You needn't make it a travel log, just receipts from out of state.
As always, check with an attorney.

Kerry
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Old 07-28-2010, 09:08 PM   #24
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Saw on the local news last week were Senator John Kerry from Massachusetts registered his new 7 million dollar yacht in Rhode Island saving his $500,000 in sales and excise tax. I on the other hand being a blue collar worker had to spend close to $7,000 dollars in sales and excise tax because with my luck, I would have gotten caught with a Montana LLC.
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Old 08-01-2010, 07:45 AM   #25
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Actually, Kerry "got caught", and has now agreed to pay all taxes to Mass.

Jim
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