California Fining LLC RV Owners Entering State

[hamguy]

<This is to try to stop the practice of Californian's registering their new motorhome under a fake LLC in states like Montana in order to avoid paying the sales tax and license fees in Cali. State sales tax here is 7.5% and up depending upon which county. Reg is going to cost you $1800 +- on a coach valued at $200,000. It can add up to a sizable sum when you are buying a vehicle.>

I can't believe a properly administered LLC could be "fake". They are issued by the state and can be used for any legal purpose. I also have a real problem with "tax avoidance" issues. The wealthy among us, notably the lawmakers, have left open numerous such loopholes in the laws expressly for that purpose. I believe it has been stated by tax lawyers that tax avoidance is a duty of all citizens. Not tax fraud but valid tax avoidance. Registering a vehicle under a LLC is valid, legal and therefore, I would argue, perfectly legal. (Until laws are written to declare otherwise!)

[SteveR]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Paul Heuvelhorst:
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...BTW, California quit inspecting travelers coming through the Ag Inspection stations over 2 years ago. They only require commercial trucks to routinely stop. So, you can bring all the produce you want into CA from out of state. However, our local AG inspector (US 395 north of Reno) told us that they may run spot checks "at will" so you may still be required to stop at an AG station, but it is less than a 1% chance. </div></BLOCKQUOTE>

We went to Calif. two weeks ago on I-15 and had to go through the Ag. inspection station. The inspector boarded and looked in the refrigerator but we were "clean" so he let go through. Everyone had to drive through the station and some RVs were searched but most were not and all the cars were not.

[Paul Heuvelhorst]

Great input from all of you. I've learned two things about this subject since my last post:
1. We are probably getting past the AG station because we are driving our SUV when we "shop" in Reno-Sparks area (groceries from Costco, etc). The sign says, however, only commercial trucks need to stop. It will be interesting when we return with our trailer after 7 weeks in the mid-west this summer.
2. While I don't envision being in the position to register any of my vehicles in an LLC, I would certainly consider the definitions stated in JRP's response before making that decision. If Calif. is simply applying IFTA's regulations, then those who registered the RV as an LLC should perhaps consult the attorney who gave them the advice about using the LLC.

[williejo]

I think this is another case of some small minded person
given a ounce of authority that just has to show RV people that they have power to make us bend to their station in
life. If anything they need to get a life as their are a
few of us old back country boys left that still think our forefathers wrote a simple to the point bill or rights for
all of us. If these kind of people keep messing with all
things like making a camper open their fridge (how much stuff can we get buy with stuffed in there ? we will see
another piece of our freedom go to heck. No I don't believe in ripping off the State, but do believe that if this is the LLC problem it is a National one and not the
State of Calif. You can bet the only one that is going to make out is a Lawyer that is so willing to step up and
fight for our rights ( of course their will be a SMALL FEE) for their service. Just remember you may be the next one that has a jackass tell you to pull in and check
your inside fridge and as you just may be another one of
those rv people breaking the law by having fun. Enough said

[tinkercb]

I understand the need to limit ag products going from state to state, However, I am a fulltimer and my RV is My HOME and I have always believed that your home cannot be searched without your permission or the searcher needed a warrant. I have nothing to hide but still it is my home.

[GaryKD]

Hi tinkercb,
Consider checking with an attorney or the state police from the states you frequently visit. Laws requiring a search warrant prior to entry are valid for a house that is stationary. An RV of any kind falls into the same categeory as a car or truck. Law enforcement must follow the law of the state with regard to entering an RV. These laws may be much more liberal than you think.

[Tireman]

I set up an LLC in my state to hold my motorhome. It doesn't save anything in taxes. The sales tax is the same.
The whole purpose of an LLC is liability protection. LL standing for "limited liability".
I have rental properties that use to be in my name but are now in LLC's for the layer of protection they offer in case of a lawsuit for some reason.In a society where people sue at the drop of a hat I want all the protection I can get. Would advise you seek advice from a good attorney

[Jestme13]

Ya know, the funny thing about the CA ag searchs is, yer lettuce, matters and such that you bought a few days earlier in the mid west more then likely where grown in CALIFORNIA.

[Paul Heuvelhorst]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jestme13:
Ya know, the funny thing about the CA ag searchs is, yer lettuce, matters and such that you bought a few days earlier in the mid west more then likely where grown in CALIFORNIA. </div></BLOCKQUOTE>
California AG stations don't conficate fresh ag products that are labeled as being purchased in a grocery store. That is why it is important, when traveling, to leave the label on the product. What the ag stations are looking for is "home grown" produce that has not gone through a food processing plant, and inspected for distribution through retail outlets.

So, food you buy from "road-side stands" are subject to being confiscated. Food you buy from a grocery store won't be confiscated if they still have the producer's label on it.

BTW, ever notice how "well-fed" those ag inspectors seem to be? Hmmmmmmmmmmmmm...

[Dutch Star Don]

I love to hear people talk about how they know their rights and how they would handle a situation if they were stopped. It's pretty easy to talk big on the internet, but few people keep up with CASE LAW and what can be done to a MOVING vehicle. You could propbably refuse to allow someone entry into your motor home, but you would also be refused entry into the state.

The AG inspections are to prevent the transport of crop threatening critters into California, one of the biggest produce markets in the country.

With regards to the LLC's......there is nothing wrong with them when used appropriately. There are people, at least in California, that buy a $200,000.00 motor home and register it in Montana and not pay the sales tax and registration. That's a loss of almost $18,000.00 to California. Some would say great if you can get away with it, but it cheats everyone in California. The person with the LLC is living in California, using fire, police and other services without paying for them.

California has begun to enforce the laws of the State. If you live and garage your RV in California, you need to pay for it in California.

Yes.....California is a crazy State in a lot of ways, but it's pretty easy to see how everyone else is cheated when you collect your salary and huge profits on property in this State and then cheat it for taxes.