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Posted: 1/20/2015 7:46:51 AM EST
Is the $200.00 tax stamp a yearly tax, or a one time fee?

I have been searching the web and finding all sorts of information that contradicts each other...could someone please provide me with some direct BATFE links as my searching is coming up with no concrete information.

Thanks,

Fury.
Link Posted: 1/20/2015 7:53:38 AM EST
[Last Edit: 1/20/2015 7:54:16 AM EST by Synyster06Gates]
One time. You are paying for the transfer.
Link Posted: 1/20/2015 8:03:04 AM EST
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Originally Posted By Synyster06Gates:
One time. You are paying for the transfer.
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I know. The problem is I am trying to win an argument, but can not find any links on the BATFE page that states exactly that. When using Google to find the answer, I found a lot of information that contradicts other information that I found.

There seems to be a lot of misinformation about SBR's, Suppressors, and NFA altogether.
Link Posted: 1/20/2015 8:36:26 AM EST
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Originally Posted By R_Fury:


I know. The problem is I am trying to win an argument, but can not find any links on the BATFE page that states exactly that. When using Google to find the answer, I found a lot of information that contradicts other information that I found.

There seems to be a lot of misinformation about SBR's, Suppressors, and NFA altogether.
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Originally Posted By R_Fury:
Originally Posted By Synyster06Gates:
One time. You are paying for the transfer.


I know. The problem is I am trying to win an argument, but can not find any links on the BATFE page that states exactly that. When using Google to find the answer, I found a lot of information that contradicts other information that I found.

There seems to be a lot of misinformation about SBR's, Suppressors, and NFA altogether.



R fury you gotta be kidding me. You have like 70k posts. You really must be one of those couch warriors.
Link Posted: 1/20/2015 8:55:33 AM EST
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Originally Posted By fbmbirds:



R fury you gotta be kidding me. You have like 70k posts. You really must be one of those couch warriors.
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Originally Posted By fbmbirds:
Originally Posted By R_Fury:
Originally Posted By Synyster06Gates:
One time. You are paying for the transfer.


I know. The problem is I am trying to win an argument, but can not find any links on the BATFE page that states exactly that. When using Google to find the answer, I found a lot of information that contradicts other information that I found.

There seems to be a lot of misinformation about SBR's, Suppressors, and NFA altogether.



R fury you gotta be kidding me. You have like 70k posts. You really must be one of those couch warriors.


Nope, I have a job that requires me to be on the internet all the time....
Link Posted: 1/20/2015 8:56:28 AM EST
So far here is the information that I have found:

Title 2 firearms are not as commonly known nor as straight forward as the Title 1s. All title 2 weapons fall into 1 of 6 different categories. 1) Machineguns, 2) Short Barreled Rifles (SBRs), 3) Short Barreled Shotguns (SBSs), 4) Suppressors, 5) Any Other Weapon (AOWs) and 6) Destructive Devices.

All title 2 firearms are regulated by what's known as the National Firearm Act or what we like to refer to as NFA. One could spend months reading about NFA but I’ll hit the major misconceptions... which are (contrary to the assumptions by many individuals AND even law enforcement) that NFA weaponry ...

1) Is legal in almost every state. Most all 6 categories above are allowed in just about all states within the Continental United States. A few states restrict machinegun ownership, others may restrict short barreled shotguns (SBSs) or suppressors, etc..

2) One does not need or obtain a "Class 3" license to own. In fact there really is no such thing as a class 3 license. When a Title 1 FFL dealer pays what's known as a Special Occupation Tax, he/she then becomes a SOT that can then deal in NFA/Title 2 weapons. SOTs have several classes too and they are based on the type of FFL license you currently hold. The term Class 3 comes from when a normal Type 1 (standard dealer) FFL holder pays his SOT tax. He becomes a Type 3 SOT hence the term Class 3. When a manufacturer like myself (a type 7 FFL) pays his/her SOT, they become a Type 2 SOT and can both MAKE and DEAL in NFA weapons.

3) Transfering ownership of an NFA weapon - All NFA weapons regardless of category (machineguns, silencers, etc.) are controlled during their transfership from one person/entity to another. These weapons transfer to another entity on what is called ATF tax forms. Each ownership transfer MUST be approved by the ATF before the transfer takes place. This approval takes sometimes many months. Generally individual transfership is approved in 3-4 months, dealer to dealer in 3-4 weeks. When the ATF approves the transfer, they cancel a tax stamp and this is why you sometimes hear some say class 3 stamp. Transfers from/to individuals require a one time $200 tax stamp to be paid for EACH transfer (AOWs require just a $5 stamp). These are considered tax paid transfers and usually are on ATF form 4s. Dealers can transfer to other dealers using a tax free Form 3. If a person buys a NFA item from someone outside his/her domicile (home) state, the weapon must be transferred 1st to a SOT holder within the buyer's state. Similar to a Title 1 firearm transaction. It must go to a FFL/SOT dealer in the buyer's state before going to the buyer.

http://www.lawenforcementsalestn.com/NFA_-_Title_2_Weapons.php


Per the BATFE:

c. Payment of /Exemption from Payment of Tax. As provided in 26 U.S.C. § 5821, there is a $200.00 tax on each firearm made, except as provided in 26 U.S.C. §§ 5852 and 5853, when an NFA firearm may be made without payment of the tax when made by, or on behalf of the United States or any State or political subdivision thereof. Documentation that the firearm is being made for a government entity, such as a United States government contract or a State or local government agency purchase order, must accompany the application. The reactivation of a registered unserviceable firearm is subject to the making tax.

https://www.atf.gov/files/forms/download/atf-f-5320-1.pdf


Some other Good information:

http://quarterbore.com/library/pdf_files/shortbarreledriflefaq.pdf


And some more:

THE NATIONAL FIREARMS ACT OF 1934 (NFA 34 ): This law placed certain classes of firearms into a registered ownership category. Private individuals can possess a functional machine gun, suppressor ( silencer ), short-barreled rifle or shotgun, smooth-bore pistol, cane gun, destructive device (certain shotguns, grenade launchers, hand grenades, bazookas, mortars, cannon, etc..)only after first paying a Federal Transfer Tax of either $5 or $200 per firearm / device. The $5 tax applies to pen guns, cane guns, smoothbore pistols, or any other such firearm that the Bureau of Alcohol, Tobacco and Firearms classifies as "ANY OTHER WEAPON" ( AOW ). All other functional guns or devices in the NFA registry require payment of a $200 federal tax for each private transfer. The is not an annual tax. It only is paid each time a functional NFA firearm is being transferred to or from a private owner ( excepting inheritance ).

http://www.nfagear.com/title-ii-laws-explained-nfa-weapons.html
Link Posted: 1/20/2015 10:29:30 AM EST
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Originally Posted By R_Fury:


I know. The problem is I am trying to win an argument, but can not find any links on the BATFE page that states exactly that. When using Google to find the answer, I found a lot of information that contradicts other information that I found.

There seems to be a lot of misinformation about SBR's, Suppressors, and NFA altogether.
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Originally Posted By R_Fury:
Originally Posted By Synyster06Gates:
One time. You are paying for the transfer.


I know. The problem is I am trying to win an argument, but can not find any links on the BATFE page that states exactly that. When using Google to find the answer, I found a lot of information that contradicts other information that I found.

There seems to be a lot of misinformation about SBR's, Suppressors, and NFA altogether.


You really shouldn't argue with idiots. The form 1 (google "atf form 1") mentions absolutely nothing about a yearly fee. If someone wants to send them $200 every year, go for it.

Link Posted: 1/20/2015 10:34:32 AM EST
[Last Edit: 1/20/2015 10:35:16 AM EST by danb35]
Originally Posted By R_Fury:
Is the $200.00 tax stamp a yearly tax, or a one time fee?
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On a Form 1, the tax is on the making of the NFA "firearm". The firearm is only "made" once, so the tax is paid once. Similarly, on a Form 4, the $200 (or $5 for an AOW) tax is a transfer tax--it's paid each time the firearm is transferred if there isn't an exemption. The Special (Occupational) Tax to be a dealer or manufacturer of NFA firearms is paid annually--perhaps that's where the confusion lies?

What does your correspondent cite as authority for the tax being an annual tax?
Link Posted: 1/20/2015 10:52:09 AM EST
Link Posted: 1/20/2015 10:58:09 AM EST
OK.........so where is the contradictory information concerning the 200 dollar tax? You've cited several sentences that state it is a one time/per firearm tax.
Link Posted: 1/20/2015 12:28:42 PM EST
Link Posted: 1/20/2015 12:28:59 PM EST
[Last Edit: 1/20/2015 12:28:59 PM EST by tony_k]
Dupe thread about myths.
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