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Posted: 1/15/2021 10:01:53 PM EDT
I am trying to transfer a personally owned item that is currently on a form 4 to my SOT and I'm wondering if I need to fill out section 12, CLEO notification.
Has anyone had experience in this rather odd situation before?
Link Posted: 1/15/2021 10:38:40 PM EDT
[#1]
No, the CLEO already gets a notification when an FFL gets their license.  They don't have to notify each time they get a title II gun in, it's part of being an FFL.
Link Posted: 1/16/2021 3:52:12 PM EDT
[#2]
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Quoted:
No, the CLEO already gets a notification when an FFL gets their license.  They don't have to notify each time they get a title II gun in, it's part of being an FFL.
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Ok, thanks. I'll leave that section blank then.
Link Posted: 1/16/2021 5:39:26 PM EDT
[#3]
Quoted:
I am trying to transfer a personally owned item that is currently on a form 4 to my SOT and I'm wondering if I need to fill out section 12, CLEO notification.
Has anyone had experience in this rather odd situation before?
View Quote


12. Law Enforcement Notification (See instruction 2f)

"(See instruction 2f)" is where you should find the answer.

Of course in true Gov fashion, 2d is where the actual answer is...
Link Posted: 1/16/2021 11:29:30 PM EDT
[#4]
I have heard different answers but do you need to pay the tax stamp for each item if you own the SOT?

Link Posted: 1/16/2021 11:51:10 PM EDT
[#5]
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Quoted:
I have heard different answers but do you need to pay the tax stamp for each item if you own the SOT?

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Yes, since you are transferring ownership from an individual or trust to the FFL/SOT, it would require a paid tax stamp on form 4 for each item being transferred.
Link Posted: 1/17/2021 8:38:41 PM EDT
[#6]
Just to clarify if you currently owe the items as a individual on a form 4.  Plus you now own a sole proprietor SOT.  I previously heard that it maybe possible to transfer to the business tax free.
I know this can not happen for a trust or between a individual and a trust.

Link Posted: 1/17/2021 9:10:01 PM EDT
[#7]
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Quoted:
Just to clarify if you currently owe the items as a individual on a form 4.  Plus you now own a sole proprietor SOT.  I previously heard that it maybe possible to transfer to the business tax free.
I know this can not happen for a trust or between a individual and a trust.

View Quote

You heard wrong.
The only "tax free" NFA transfers are Form 3 (SOT to SOT ) & Form 5 (transfer to lawful heir or government entity). As neither applies to your situation you pay $200.
Link Posted: 1/17/2021 9:13:17 PM EDT
[#8]
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Quoted:
Just to clarify if you currently owe the items as a individual on a form 4.  Plus you now own a sole proprietor SOT.  I previously heard that it maybe possible to transfer to the business tax free.
I know this can not happen for a trust or between a individual and a trust.

View Quote


As stated above, there is no transfer.

But a sp can just put their personally owned guns on their books.
Link Posted: 1/17/2021 10:07:52 PM EDT
[#9]
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Quoted:


As stated above, there is no transfer.

But a sp can just put their personally owned guns on their books.
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So are you saying as as SP, there is some way I can have my personally owned MG added to my book and not do a form 4 and pay the $200?
Link Posted: 1/17/2021 10:14:31 PM EDT
[#10]
If your a SP FFL/SOT and your MG is on a F4 as individual I don’t think you have to do anything.  It’s all registered to you.

Same reason as a SP SOT you can keep pre 86 dealer sample mg after you give up your FFL/sot.   It’s all registered to you as an individual.  

This is just my understanding.  I’m not and attorney and didn’t stay and a holiday inn express.
Link Posted: 1/17/2021 10:17:18 PM EDT
[#11]
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Quoted:



So are you saying as as SP, there is some way I can have my personally owned MG added to my book and not do a form 4 and pay the $200?
View Quote



You did the F4 and paid the $200.  Now you have FFL/SOT.  No need to transfer to yourself again.
Link Posted: 1/17/2021 10:51:23 PM EDT
[#12]
Yep
Link Posted: 1/18/2021 1:31:35 AM EDT
[#13]
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Quoted:



You did the F4 and paid the $200.  Now you have FFL/SOT.  No need to transfer to yourself again.
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I want it on a form 3 so I can list and sell it quick with efile.
Link Posted: 1/18/2021 1:45:54 AM EDT
[#14]
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Quoted:
I want it on a form 3 so I can list and sell it quick with efile.
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When you transfer it to another SOT it will be on Form 3.
Is there something preventing you from manually entering it into eForms at that time?

The whole "on a Form []" thing is meaningless. All that matters is the status of the gun and the 2 parties doing the transfer.
Link Posted: 1/18/2021 1:43:32 PM EDT
[#15]
If you contact them, the ATF will tell you to file a tax free Form 5 (check the Other box and note that you're updating your inventory) to put NFA items that were personally owned prior to getting your FFL/SOT into your online inventory.  I had luck a while ago posting a question to Ask the Experts and then emailing the respondent a copy of my F4, took about a week to show up in my online inventory.  YMMV
Link Posted: 1/18/2021 1:48:02 PM EDT
[#16]
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Quoted:
If you contact them, the ATF will tell you to file a tax free Form 5 (check the Other box and note that you're updating your inventory) to put NFA items that were personally owned prior to getting your FFL/SOT into your online inventory.  I had luck a while ago posting a question to Ask the Experts and then emailing the respondent a copy of my F4, took about a week to show up in my online inventory.  YMMV
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I like this! Thanks!
Link Posted: 1/18/2021 1:53:34 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you contact them, the ATF will tell you to file a tax free Form 5 (check the Other box and note that you're updating your inventory) to put NFA items that were personally owned prior to getting your FFL/SOT into your online inventory.  I had luck a while ago posting a question to Ask the Experts and then emailing the respondent a copy of my F4, took about a week to show up in my online inventory.  YMMV
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That's pretty cool! Thanks for the pro tip.
Link Posted: 1/18/2021 2:27:07 PM EDT
[#18]
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Quoted:
That's pretty cool! Thanks for the pro tip.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
If you contact them, the ATF will tell you to file a tax free Form 5 (check the Other box and note that you're updating your inventory) to put NFA items that were personally owned prior to getting your FFL/SOT into your online inventory.  I had luck a while ago posting a question to Ask the Experts and then emailing the respondent a copy of my F4, took about a week to show up in my online inventory.  YMMV
That's pretty cool! Thanks for the pro tip.

+1
Link Posted: 1/18/2021 3:07:19 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you contact them, the ATF will tell you to file a tax free Form 5 (check the Other box and note that you're updating your inventory) to put NFA items that were personally owned prior to getting your FFL/SOT into your online inventory.  I had luck a while ago posting a question to Ask the Experts and then emailing the respondent a copy of my F4, took about a week to show up in my online inventory.  YMMV
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But then it is on form 5!

Seriously the efforts folks make to do it the hard way is amazing
Link Posted: 1/18/2021 3:44:30 PM EDT
[#20]
I'm assuming his whole reasoning is to make "fast transfer in eForms" part of the advertising.

How much slower is it when you manually enter a gun not currently on eForm's inventory?
Link Posted: 1/20/2021 1:08:09 AM EDT
[#21]
I am a new SOT, but an FFL for many years. If I have an H&K SP5 pistol in inventory and add a stock to it creating an SBR and want to keep it for myself, I assume I don't have to do a Form 4 for myself, do I? I have not done any SOT transaction since getting it. Can I just sign it out on my A&D book to myself?

New to all this so any help appreciated.
Link Posted: 1/20/2021 1:18:03 AM EDT
[#22]
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Quoted:
I am a new SOT, but an FFL for many years. If I have an H&K SP5 pistol in inventory and add a stock to it creating an SBR and want to keep it for myself, I assume I don't have to do a Form 4 for myself, do I?
View Quote
Not if you're a sole proprietor.

Are you a Class II SOT?  07/02?
Link Posted: 1/20/2021 1:36:13 AM EDT
[#23]
Class 1 FFL + SOT NFA Dealer. Sole proprietor, no LLC or Inc. No manufacturing licensing.

Don't even know how I differentiate between standard and NFA transactions yet. Just got the SOT so learning the ropes ...
Link Posted: 1/20/2021 1:43:30 AM EDT
[#24]
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Quoted:
Class 1 FFL + SOT NFA Dealer. Sole proprietor, no LLC or Inc. No manufacturing licensing.

Don't even know how I differentiate between standard and NFA transactions yet. Just got the SOT so learning the ropes ...
View Quote
If you are an 03/01 you can't manufacture NFA firearms and register them tax free on a Form 2.  You need to be an 07/02 in order to manufacture NFA firearms tax free.

If you are an 03/01 you will need to fill out a tax paid Form 1 like an individual and wait for approval before adding the stock to your SP5,  although there is a spot to add your FFL information on the Form 1.

However, if you make an NFA firearm on a tax paid Form 1 as an individual and you are also a sole prop  FFL/SOT 03/01 I believe you could then sell it via a tax free Form 3 should you choose to. (or just keep it as its registered to you)
Link Posted: 1/20/2021 1:47:28 AM EDT
[#25]
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Quoted:
Class 1 FFL + SOT NFA Dealer. Sole proprietor, no LLC or Inc. No manufacturing licensing.
View Quote
You'll have to pay an additional $200 tax to make a new SBR (unless you obtain an existing one).
You can do an eForm 1 to SBR the SP5. That's the quickest way. You don't have to submit fingerprint cards or a photo.
You'll need to engrave like a manufacturer. You can use your trade name if you have one.
Link Posted: 1/20/2021 3:27:03 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Class 1 FFL + SOT NFA Dealer. Sole proprietor, no LLC or Inc. No manufacturing licensing.

Don't even know how I differentiate between standard and NFA transactions yet. Just got the SOT so learning the ropes ...
View Quote


The easiest way to do this as an 01/03 FFL is to make friends with an 07/02, have them register it on an F2 and then F3 it back to you. You may or may not have to buy them a case of beer occasionally...
Link Posted: 1/24/2021 8:40:33 AM EDT
[#27]
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