paying taxes to a ffl for item from internet

[fnfalsar48]

http://www.mdshooters.com/search.php?searchid=11764849


Post #18

 

[t84a]

Bad link

 

[OEH]

The Comptroller's office has decided that since you can't receive the gun directly from the internet seller your FFL has become a part of the transaction. As such he/she is responsible for collecting the sales tax. Call the Comptrollers office and ask.

 

[fnfalsar48]

Sorry Click the link then the 4th post then #18

 

[t84a]

Sorry Click the link then the 4th post then #18

This is what I get:

 

[t84a]

The Comptroller's office has decided that since you can't receive the gun directly from the internet seller your FFL has become a part of the transaction. As such he/she is responsible for collecting the sales tax. Call the Comptrollers office and ask.

Well, did this start in the last couple of weeks? I've paid no sales tax to a FFL for an online purchase.

 

[fnfalsar48]

http://www.mdshooters.com/showthread.php?t=111685

try this one post #18
This will out the dealer

 

[swinokur]

If you have a suspicion that the dealer is pocketing the tax you could follow up with the state. I was under the impression that it was the buyer's responsibility to pay the "use tax" on their yearly tax filing...not the dealer.

Post the shop so others can make an informed decision on whether to transfer there.

I believe this is the correct answer. I stand corrected.

ETA pending a cite for the comptrollers opinion.

 

[swinokur]

The Comptroller's office has decided that since you can't receive the gun directly from the internet seller your FFL has become a part of the transaction. As such he/she is responsible for collecting the sales tax. Call the Comptrollers office and ask.

Cite?

 

[sykesville]

I got screwed like that ONCE.

 

[fred2207]

Cite?

+1, The MD Comptrollers opinion does not establish MD tax law. If the “purchase” transaction is completed out of state, MD cannot legally collect sales tax, unless the practice is established by legislated and signed MD law, as with out of state vehicle purchase sales tax assessments.

Fred

 

[platoonDaddy]

Gunsmith|FFL in Bowie, will also charge you tax for an out-of-state purchase.

 

[alucard0822]

http://www.mdshooters.com/showthread.php?t=111685

try this one post #18
This will out the dealer

Jeebus, so after all the sneaky stuff looks like Accurate guns and ammo is charging "tax" when not required to, let them defend themselves here or post a resolution if they make it right. If it's a different shop then post them up and I'll delete this

 

[Mooseman]

I have heard of this happening before. It is not right. The FFL doing the transfer is selling you nothing but a service. Service is not taxable. If you purchase out of state on the internet, YOU are responsible for paying the sales tax to the State of Maryland.

 

[K.C.Dean]

Here is the post from the Spikes Tactical group buy.

http://www.mdshooters.com/showpost.php?p=1630394&postcount=1

yup thats the one!!

 

[fred2207]

I have heard of this happening before. It is not right. The FFL doing the transfer is selling you nothing but a service. Service is not taxable. If you purchase out of state on the internet, YOU are responsible for paying the sales tax to the State of Maryland.

Bingo---that's the way it's supposed to work...

Fred

 

[Mark75H]

+1, The MD Comptrollers opinion does not establish MD tax law. If the “purchase” transaction is completed out of state, MD cannot legally collect sales tax, unless the practice is established by legislated and signed MD law, as with out of state vehicle purchase sales tax assessments.

Fred

MD's tax is not exclusively "sales" it is "sales AND use"
Try buying a piece of heavy machinery out of state and using it in MD ... the Comptroller's Office WILL be there looking for their cut ... it is both "opinion" and LAW. Boaters know this by heart; everyone knows it doesn't work to buy a boat in DE or PA, register it there and use it in MD ... 190 days later, you will be getting the letter

I have heard of this happening before. It is not right. The FFL doing the transfer is selling you nothing but a service. Service is not taxable. If you purchase out of state on the internet, YOU are responsible for paying the sales tax to the State of Maryland.

You are correct, as of this year, tax is not collected on services. Wait until 2015 ... then it will be on everything except law & real estate ... and I'll be relocating.

If the FFL charged tax on the service ... I'd be at the Comptroller's Office the next day and the Comptroller's Office would be at the FFL the following day, and I'd look like this:

 

[CSS]

http://www.mdshooters.com/showthread.php?t=111685

try this one post #18
This will out the dealer

Wouldn't be surprised...

 

[fred2207]

MD's tax is not exclusively "sales" it is "sales AND use"
Try buying a piece of heavy machinery out of state and using it in MD ... the Comptroller's Office WILL be there looking for their cut ... it is both "opinion" and LAW. Boaters know this by heart; everyone knows it doesn't work to buy a boat in DE or PA, register it there and use it in MD ... 190 days later, you will be getting the letter

It is up to the MD resident to pay the use tax, not the responsibility of the FFL to collect sales tax.

You are correct though, when it comes to such things as boats, airplanes, and farm equipment. The registration must match the owners domicile address. However, if registered out of state, and if kept primarily in MD, must be re-registered and applicable sales taxes paid to MD, if not already paid in the original state of registry. I went through this goat rope when I first moved to MD. The only thing that saved me was that I was active duty military, but the day I retired from the USAF, (if I hadn't already sold both), I would of been required to register and pay any tax, based on the retail value, minus any tax paid to the state of previous registry.

Fred

 

[bigboybrad1974]

a&d pawn in Glen Burnie collects tax also