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Old 08-31-2021, 09:22 PM   #1
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LLC??

Has anyone bought an RV and registered it in Montana through your LLC to avoid sales tax in your home state? Just curious if this is legit and how it works. Thanks for any feedback.
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Old 08-31-2021, 09:34 PM   #2
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It's legit in Montana, your home state will probably call it tax evasion and would consider it illegal with both potential civil and criminal penalties. I know others will disagree. You will have to make up your own mind. Personally I would talk to a tax attorney in your state and follow their advice. This topic has been discussed ad nauseum on this site. Search for Montana LLC. If you do decide to go the Montana LLC route be very, very careful. You may want to search for Steve Lehto Montana LLC and listen to what he has to say. Good luck.
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Old 08-31-2021, 09:43 PM   #3
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Read about it HERE
https://www.rv-dreams.com/montana-llcs.html

An other good read using TX residents as example
https://www.escapees.com/montana-llc/
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Old 09-01-2021, 06:12 AM   #4
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BTW the first article referenced above was written by Howard Payne who was at one point a licensed attorney. I think he has since given up the practice of law but that doesn't diminish his understanding of the law.
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Old 09-02-2021, 02:50 PM   #5
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Quote:
Originally Posted by arcaguy View Post
It's legit in Montana, your home state will probably call it tax evasion and would consider it illegal with both potential civil and criminal penalties. I know others will disagree. You will have to make up your own mind. Personally I would talk to a tax attorney in your state and follow their advice. This topic has been discussed ad nauseum on this site. Search for Montana LLC. If you do decide to go the Montana LLC route be very, very careful. You may want to search for Steve Lehto Montana LLC and listen to what he has to say. Good luck.
In my state, if your residence is here and you register your RV anyplace else, and they find out about it, I don't know about criminal charges, but you'll be fined, pay all back sales tax plus interest, and all back personal property tax plus interest. Some individuals were caught because the police wondered why there were a few Montana RVs in our area for long periods of time....thousands of miles from Montana.
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Old 09-02-2021, 03:21 PM   #6
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Also, be aware that, if you choose a Montana LLC, you'll be required to register the vehicle in Montana. Here's an excerpt from Montana's vehicle registration fee schedule:

(7) (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based on the age of the motor home, is as follows:

(i) less than 2 years old, $282.50;

(ii) 2 years old and less than 5 years old, $224.25;

(iii) 5 years old and less than 8 years old, $132.50; and

(iv) 8 years old and older, $97.50.


(b) The owner of a motor home that is 11 years old or older and that is subject to the registration fee under this section may permanently register the motor home upon payment of:

(i) a one-time registration fee of $237.50;

(ii) unless a new set of license plates is being issued, an insurance verification fee of $5, which must be deposited in the account established under 61-6-158;

(iii) if applicable, five times the renewal fees for personalized license plates under 61-3-406; and

(iv) if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a collegiate license plate under 61-3-465.

(c) For a motor home with a manufacturer's suggested retail price of more than $300,000 that is 10 years old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.

As I read that, if your coach has a MSRP of more than $300K, your registration fees will add up.

Year 1 - $282.50 + $800
Year 2 - $282.50 + $800
Year 3 - $224.25 + $800
Year 4 - $224.25 + $800
Year 4 - $224.25 + $800

In the first 5 years, your Montana vehicle registration fees will be more than $5k, plus the cost of establishing the LLC. Those costs will diminish the monetary savings derived from the LLC purchase.

Just my opinion.

I'm not a lawyer and I've never turned in a tax cheat (nor have I cheated on my taxes).

Take care,
Stu
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