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Old 12-23-2019, 03:46 PM   #99
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Quote:
Originally Posted by drwyatt View Post
Parking in your instate garage is not legal. The laws say the coach must be out of state. You will also need records and receipts showing it.
The CA Newell owner probably broke the law by not following the rules. Even a sharp lawyer can’t show facts that are not there. I have seen on many sites where people had to go to court and those that had the records and met the law were ok. Some greedy states press people into court to validate if they are following the law. A lot get caught as they are not following the law. By just making a blank statement that some were caught does not make it against the law. Those that were following the law did not have to pay..
No offense, Doc, but that's what we've been saying for 7 pages.
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Old 12-24-2019, 05:24 AM   #100
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The law applies to the state where your domicile is. The state that you live in 6 months and 1 day defines your domicile.

NC is very strict on Montana LLC's. You never see a Montana RV tag in NC. Several years ago the state tied in your personal property tax with your tag registration. When you buy your tag you pay your tax. I'm not complaining at all.

Our legislature reduced state income tax to 5.5% but raised other fees. I had to pay $2800 to tag and register my 2006 Wanderlodge 450 Lxi. Next year the tag and tax will be in the $800 range. If I want to bellyache about paying the tax I shouldn't have bought a bus.
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Old 12-24-2019, 05:52 AM   #101
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Quote:
Originally Posted by drwyatt View Post
Parking in your instate garage is not legal. The laws say the coach must be out of state. You will also need records and receipts showing it.
The CA Newell owner probably broke the law by not following the rules. Even a sharp lawyer can’t show facts that are not there. I have seen on many sites where people had to go to court and those that had the records and met the law were ok. Some greedy states press people into court to validate if they are following the law. A lot get caught as they are not following the law. By just making a blank statement that some were caught does not make it against the law. Those that were following the law did not have to pay..
Not sure how you got everything wrong in my post. I thought “getting away with sometime” made it clear it would be illegal. Also, I paid $10K and the CA Newell paid $40K to register our rigs...didn’t get caught because we have legal GA & CA tags, not MT. [/COLOR]
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Old 01-01-2020, 02:58 PM   #102
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This has me perplexed. ethics aside. if i
move to montana. establish residency.
then buy a sub 300k motorhome. There would be no
sales tax. So no need for an llc.correct. ?
the 10 year rule applys for permanent
plates. all my vehicles are registered there
and i have a mt drivers license. What advantage would a mt llc have for me then?
inquiring minds...
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Old 01-01-2020, 07:41 PM   #103
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Originally Posted by varmonter View Post
This has me perplexed. ethics aside. if i
move to montana. establish residency.
then buy a sub 300k motorhome. There would be no
sales tax. So no need for an llc.correct. ?
the 10 year rule applys for permanent
plates. all my vehicles are registered there
and i have a mt drivers license. What advantage would a mt llc have for me then?
inquiring minds...
If you've established residency in Montana, then no, there is no need for an LLC other than asset protection and estate planning.

Just do it in Flathead county to save on the fees, apparently other counties charge more.
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Old 01-02-2020, 07:00 AM   #104
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are there any issues for my heirs. in selling
the motorhome after i shuffle off this mortal coil??
When you say asset protection. do you mean things like
nursing homes . Where they wouldnt be able to touch
anything in the llc??
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Old 01-02-2020, 07:13 AM   #105
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Quote:
Originally Posted by varmonter View Post
are there any issues for my heirs. in selling
the motorhome after i shuffle off this mortal coil??
When you say asset protection. do you mean things like
nursing homes . Where they wouldnt be able to touch
anything in the llc??
Quick note ;

"A limited liability company (LLC) can be a useful legal structure with which to pass assets down to your loved ones while avoiding or minimizing estate and gift taxes. A family LLC allows your heirs to become shareholders who can then benefit from the assets held by the LLC, while you retain management control.Oct 25, 2019"

As with any planning - read/learn - Self educate then - Get Competent Legal Advise and Guidance.

JMHO,
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Old 01-02-2020, 07:24 AM   #106
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Quote:
Originally Posted by varmonter View Post
are there any issues for my heirs. in selling
the motorhome after i shuffle off this mortal coil??
When you say asset protection. do you mean things like
nursing homes . Where they wouldnt be able to touch
anything in the llc??
It depends on the laws of your state of residency. Many states use a 60 month look back period for gifting. If you start an LLC with your family as the other members of the LLC then that can be construed as being a gift. If that gift is within the 60 month period then the gifting can be reversed. Again, you need to know the rules of your state. Find a competent elder care attorney for that information.

The LLC provides asset protection by limiting the potential liability to the assets of the LLC only. In other words, if I have a rental property that is in an LLC and someone gets hurt on that property all that may be at risk would be the assets of that LLC which would be the rental property itself. The idea behind the LLC is to provide the level of asset protection that a corporation provides without having the bureaucratic requirements of a corporation.
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Old 06-17-2020, 06:03 PM   #107
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Thank you, everyone who responded. We decided it was more trouble and risk than it was worth, and went ahead and registered it in CA. It was way more expensive than in other states but not quite as much as we had originally thought. We may be moving out of CA in the next few years, so registration fees will definitely be part of our decision making process!
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Old 06-19-2020, 07:25 PM   #108
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Why are you interested in doing this - to save money on sales tax and registration? Or some other reason.
Absolutely don't answer that!
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Old 06-19-2020, 07:31 PM   #109
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I was a car dealer for many years in California in the past. My friends would register their cars in other states like Oregon to save money. For years they all ask me questions about this. Here is my standard response to tell any judge-“I Own a business in the other state and live in California.“. Get some business cards for $10.
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Old 06-19-2020, 08:59 PM   #110
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The asset is owned by the business and you are granted the use of it. YOU as a person don't own it. That's what an LLC does.
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Old 06-19-2020, 10:39 PM   #111
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Stated better/ but the same

Yes- The LLC owns the vehicle in another state. It is possible for you to own several limited corporations all over the United States. I see no problem with towing a car with your home state license plate on it.
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Old 06-20-2020, 05:36 AM   #112
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As with every time this subject comes up the misinformation flows without end. The fact that you may or may not own a business in another state is irrelevant in the registration of a vehicle. If the vehicle is garaged in State A then it is a resident of State A and is subject to the laws of State A. As far as the “business card” being proof of the out of state business, well, good luck with that one. Remember in matters of taxation the burden of proof is on the taxpayer, not on the state.

The fact that a vehicle is owned by an LLC does not preclude the state from looking through the LLC to beneficial ownership. If you are the owner of the LLC and the driver of the vehicle then you are subject to the sales tax and registration laws of your resident state. One of my clients got nailed for exactly that situation.

The original poster found that the LLC doesn’t work for his situation. He did exactly what anyone considering the Montana LLC should do. Find out the laws of your own state and see if you can comply with those laws and that you can document that compliance. Just a matter of doing your homework.
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