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Nothing contained in this section shall be construed as legal advice. All members and guests are advised to perform due diligence in regards to laws and legal actions.
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FFL charging sales tax on out of state trades?
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 Location: Ellensburg Joined: Wed Nov 30, 2011 Posts: 756 
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Looking to trade a pistol with someone out of state. Does a ffl have to charge tax on a trade?
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| Tue Jan 26, 2021 7:52 pm |
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Site Supporter   Location: Pierce County Joined: Wed Nov 14, 2018 Posts: 1989 Real Name: Shane
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Private sales between non-FFLs that go through an FFL are exempt from use tax under 594.
_________________ Posts not legal advice. |
| Tue Jan 26, 2021 7:55 pm |
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Location: Ellensburg Joined: Wed Nov 30, 2011 Posts: 756
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scrid2000 wrote: Private sales between non-FFLs that go through an FFL are exempt from use tax under 594. Even if its coming from another state? My local ffl says they have to charge tax on a trade from out of state. |
| Tue Jan 26, 2021 8:05 pm |
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Site Supporter  Location: SHELTON Joined: Tue Mar 29, 2011 Posts: 4427 Real Name: Jeff
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Marine3019 wrote: scrid2000 wrote: Private sales between non-FFLs that go through an FFL are exempt from use tax under 594. Even if its coming from another state? My local ffl says they have to charge tax on a trade from out of state. I’d be getting a new ffl. |
| Tue Jan 26, 2021 8:24 pm |
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Location: Ellensburg Joined: Wed Nov 30, 2011 Posts: 756
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farfrompar28 wrote: Marine3019 wrote: scrid2000 wrote: Private sales between non-FFLs that go through an FFL are exempt from use tax under 594. Even if its coming from another state? My local ffl says they have to charge tax on a trade from out of state. I’d be getting a new ffl. Only 1 other in town. Calling tomorrow.. |
| Tue Jan 26, 2021 8:36 pm |
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Site Supporter / FFL Dealer  Location: Lynnwood Joined: Mon Mar 14, 2011 Posts: 2499
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Marine3019 wrote: scrid2000 wrote: Private sales between non-FFLs that go through an FFL are exempt from use tax under 594. Even if its coming from another state? My local ffl says they have to charge tax on a trade from out of state. If the gun is shipped to your local FFL from an FFL out of state, then the local FFL is required to charge sales tax. If the gun is shipped to your local FFL from a private party (non FFL) then the transaction is a "private sale" and you would be responsible for the Use Tax. In this case, your local FFL would not collect sales tax. Pretty damn stupid but that's how it works. _________________ aka Big_Daddy Nitro Products FFL Dealer SOT Dealer |
| Tue Jan 26, 2021 8:37 pm |
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Site Supporter  Location: Mount Vernon Joined: Sun Aug 26, 2012 Posts: 1549 Real Name: Areyouthreateningme
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Sadly though 90% ( slightly arbitrary number from my ass) of the FFLs Still charge use tax regardless, I have found.
_________________ Which is the better: a good friend, a good heart, a good eye, a good neighbor, a good wife, or the understanding of consequences? It is none of these. A warm and senitive soul which knows the worth of fellowship and the price of the individual dignity, this is best. |
| Tue Jan 26, 2021 8:50 pm |
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Location: Ellensburg Joined: Wed Nov 30, 2011 Posts: 756
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Nitro_Guns wrote: Marine3019 wrote: scrid2000 wrote: Private sales between non-FFLs that go through an FFL are exempt from use tax under 594. Even if its coming from another state? My local ffl says they have to charge tax on a trade from out of state. If the gun is shipped to your local FFL from an FFL out of state, then the local FFL is required to charge sales tax. If the gun is shipped to your local FFL from a private party (non FFL) then the transaction is a "private sale" and you would be responsible for the Use Tax. In this case, your local FFL would not collect sales tax. Pretty damn stupid but that's how it works. So if he ships it himself (FL) then they don't have to charge tax. |
| Tue Jan 26, 2021 8:51 pm |
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Site Supporter / FFL Dealer Location: Lynnwood Joined: Mon Mar 14, 2011 Posts: 2499
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Marine3019 wrote: Nitro_Guns wrote: Marine3019 wrote: scrid2000 wrote: Private sales between non-FFLs that go through an FFL are exempt from use tax under 594. Even if its coming from another state? My local ffl says they have to charge tax on a trade from out of state. If the gun is shipped to your local FFL from an FFL out of state, then the local FFL is required to charge sales tax. If the gun is shipped to your local FFL from a private party (non FFL) then the transaction is a "private sale" and you would be responsible for the Use Tax. In this case, your local FFL would not collect sales tax. Pretty damn stupid but that's how it works. So if he ships it himself (FL) then they don't have to charge tax. Legally that is correct. You have to make sure that your local FFL accepts shipments from a non-FFL....So do and some don't. And as mentioned above, some simply do whatever they want. _________________ aka Big_Daddy Nitro Products FFL Dealer SOT Dealer |
| Tue Jan 26, 2021 8:55 pm |
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Site Supporter / FFL Dealer  Location: Tacoma, Washington Joined: Fri Nov 21, 2014 Posts: 8351
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Nitro_Guns wrote: Marine3019 wrote: scrid2000 wrote: Private sales between non-FFLs that go through an FFL are exempt from use tax under 594. Even if its coming from another state? My local ffl says they have to charge tax on a trade from out of state. If the gun is shipped to your local FFL from an FFL out of state, then the local FFL is required to charge sales tax. If the gun is shipped to your local FFL from a private party (non FFL) then the transaction is a "private sale" and you would be responsible for the Use Tax. In this case, your local FFL would not collect sales tax. Pretty damn stupid but that's how it works. GOSPEL _________________ BLACK HAMMER ARMS Buy A Suppressor http://www.silencershop.com/blackhammerarms Type 7 Class 2 SOT NFA Dealer 1911 Pistolsmithing Firearm Refinishing GLOCK Certified Armorer CMMG Authorized Dealer NEMO Arms Authorized Dealer http://www.blackhammerarms.com http://www.facebook.com/blackhammerarms https://www.instagram.com/blackhammerarms/ |
| Tue Jan 26, 2021 9:58 pm |
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Site Supporter  Location: Lynnwood and at large Joined: Wed May 1, 2013 Posts: 21256 Real Name: Vick Lagina
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IIRC, if you paid any tax at the point of sale (charged by the ffl in the other state) you can offset/reduce your obligation for the use tax here, by that amount.
_________________ “Finding ‘common ground’ with the thinking of evil men is a fool’s errand” ~ Herschel Smith "The “A return to First Principles in a Republic is sometimes caused by simple virtues of a single man. His good example has such an influence that the good men strive to imitate him, and the wicked are ashamed to lead a life so contrary to his example. Before all else, be armed!” ~ Niccolo Machiavelli Láodòng zhèng zhūwèi zìyóu FJB |
| Wed Jan 27, 2021 9:24 am |
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Site Supporter / FFL Dealer Location: Lynnwood Joined: Mon Mar 14, 2011 Posts: 2499
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jukk0u wrote: IIRC, if you paid any tax at the point of sale (charged by the ffl in the other state) you can offset/reduce your obligation for the use tax here, by that amount. Good luck dealing with that.....  _________________ aka Big_Daddy Nitro Products FFL Dealer SOT Dealer |
| Wed Jan 27, 2021 4:02 pm |
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Site Supporter  Location: Faxon, OK Joined: Sat Mar 19, 2011 Posts: 17816 Real Name: Chuck
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I-5 charged me use/sales tax on a rifle that was my dad's that he sent me. Included a "bill of sale" so I wouldn't be charged for the actual vale of the gun.
_________________ "The beauty of the Second Amendment is that it will not be needed until they try to take it." Thomas Jefferson "Evil often triumphs, but never conquers." Joseph Roux |
| Tue Feb 09, 2021 9:05 am |
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Site Supporter / FFL Dealer Location: Tacoma, Washington Joined: Fri Nov 21, 2014 Posts: 8351
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golddigger14s wrote: I-5 charged me use/sales tax on a rifle that was my dad's that he sent me. Included a "bill of sale" so I wouldn't be charged for the actual vale of the gun. Did your dad send it or did a dealer send it? _________________ BLACK HAMMER ARMS Buy A Suppressor http://www.silencershop.com/blackhammerarms Type 7 Class 2 SOT NFA Dealer 1911 Pistolsmithing Firearm Refinishing GLOCK Certified Armorer CMMG Authorized Dealer NEMO Arms Authorized Dealer http://www.blackhammerarms.com http://www.facebook.com/blackhammerarms https://www.instagram.com/blackhammerarms/ |
| Tue Feb 09, 2021 9:55 am |
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Site Supporter  Location: Airway heights Joined: Sun Mar 20, 2011 Posts: 12246 Real Name: Michael
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dreadi wrote: golddigger14s wrote: I-5 charged me use/sales tax on a rifle that was my dad's that he sent me. Included a "bill of sale" so I wouldn't be charged for the actual vale of the gun. Did your dad send it or did a dealer send it? this _________________ ANZAC wrote: That one that says "From my cold dead hands..... will require a background check" He who does not punish evil commands it to be done. --- Leonardo DaVinci When its time to go in: That place of steel and stone. I pray that you will keep me safe, so I will not walk alone. Help me to do my duty, please watch me on my rounds. Amongst those perilous places and slamming steel door sounds. God, keep my fellow Officers well and free from harm. Let them know I'll be there too, whenever there's alarm. Above all when I walk my beat, no matter where I roam. Let me go back whence I came, to family and home Author unknown. |
| Tue Feb 09, 2021 10:24 am |
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