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Posted: 10/29/2009 3:16:11 PM EST
A few years back I bought a rifle from ORF and had it transferred to a dealer in East Texas. The total cost of my transfer - excluding the sales price and shipping, which I paid ORF - was $20. I was told by a local dealer that the cost of doing a transfer is the transfer fee + 8.25% sales tax on the price of the firearm.

Is this right? If so, when did this change occur?
Link Posted: 10/29/2009 3:27:02 PM EST
[Last Edit: 10/29/2009 3:32:38 PM EST by RenegadeX]

Originally Posted By RickyRifle:
A few years back I bought a rifle from ORF and had it transferred to a dealer in East Texas. The total cost of my transfer - excluding the sales price and shipping, which I paid ORF - was $20. I was told by a local dealer that the cost of doing a transfer is the transfer fee + 8.25% sales tax on the price of the firearm.

Is this right? If so, when did this change occur?

No.

In fact, you do not even pay sales tax on the service of the xfer.

Dogtown has the link.

Edit:

Found it.


http://www.window.state.tx.us/taxinfo/taxpnw/tpn2009/tpn902.html#issue8
Firearms Sold by Out-of-State Dealers: Transfer Fees Charged by Texas Dealers
When a gun is purchased from out of state by an individual in Texas, federal law provides that the out-of-state seller must ship the gun to a Texas dealer for transfer to the individual.

Frequently, the Texas dealer will charge the purchaser a transfer fee to cover the costs of paperwork and handling. Because the gun was not purchased from the Texas dealer, the transfer fee does not represent a sale. Therefore, the transfer fee is not taxable.

For example, assume an individual paid $1,500 to an out-of-state seller for a gun. The out-of-state seller shipped the gun to a Texas gun dealer. The customer picked up the gun at the Texas dealer's place of business and was charged a $25 transfer fee by the dealer. The $25 transfer fee is not considered a sale for Texas sales and use tax purposes and therefore is not subject to sales tax.

Link Posted: 10/29/2009 3:34:48 PM EST
[Last Edit: 10/29/2009 3:36:01 PM EST by DogtownTom]
Originally Posted By RickyRifle:
A few years back I bought a rifle from ORF and had it transferred to a dealer in East Texas. The total cost of my transfer - excluding the sales price and shipping, which I paid ORF - was $20. I was told by a local dealer that the cost of doing a transfer is the transfer fee + 8.25% sales tax on the price of the firearm.

Is this right? If so, when did this change occur?


I'm an FFL.

There is no Texas Sales Tax paid on a firearm purchased out of state and transfered to a Texas FFL.

Unless.............the firearm was purchased from a seller who has a business location in Texas. For example, Cabelas has an online gun library showing firearms from several of its stores in various states. If a Texan buys a gun from an out of state Cabelas, it will be Cabelas who is responsible for collecting Texas sales tax, not your local FFL.

Texas Use Tax is another story- but an FFL does not collect the tax.

http://www.window.state.tx.us/taxinfo/sales/faq_use.html#use3
3. Do I owe tax on goods purchased via mail-order catalogs or Internet merchandise?
Yes. A seller who uses catalogs or the Internet to sell goods is treated the same as any other seller of taxable items. If you purchase merchandise through a catalog or the Internet from a seller located in Texas, you owe Texas sales tax on the purchase. If you purchase merchandise through a catalog or the Internet from a seller located outside of Texas and use the taxable item in Texas, then you owe Texas use tax on the purchase. An out-of-state mail-order company or an Internet company may hold a Texas Sales and Use tax permit and collect Texas tax. If the out-of-state seller does not have a Texas permit or does not collect Texas use tax, the use tax is due and payable by the purchaser.


I don't think I've ever met anyone who has actualy paid Texas Use Tax.
Link Posted: 10/29/2009 3:35:45 PM EST
[Last Edit: 10/29/2009 5:31:34 PM EST by RickyRifle]

Originally Posted By RenegadeX:

Originally Posted By RickyRifle:
A few years back I bought a rifle from ORF and had it transferred to a dealer in East Texas. The total cost of my transfer - excluding the sales price and shipping, which I paid ORF - was $20. I was told by a local dealer that the cost of doing a transfer is the transfer fee + 8.25% sales tax on the price of the firearm.

Is this right? If so, when did this change occur?

No.

In fact, you do not even pay sales tax on the service of the xfer.

Dogtown has the link.

Edit: Found it:


http://www.window.state.tx.us/taxinfo/taxpnw/tpn2009/tpn902.html#issue8
Firearms Sold by Out-of-State Dealers: Transfer Fees Charged by Texas Dealers
When a gun is purchased from out of state by an individual in Texas, federal law provides that the out-of-state seller must ship the gun to a Texas dealer for transfer to the individual.

Frequently, the Texas dealer will charge the purchaser a transfer fee to cover the costs of paperwork and handling. Because the gun was not purchased from the Texas dealer, the transfer fee does not represent a sale. Therefore, the transfer fee is not taxable.

For example, assume an individual paid $1,500 to an out-of-state seller for a gun. The out-of-state seller shipped the gun to a Texas gun dealer. The customer picked up the gun at the Texas dealer's place of business and was charged a $25 transfer fee by the dealer. The $25 transfer fee is not considered a sale for Texas sales and use tax purposes and therefore is not subject to sales tax.


Thanks! I thought the guy was blowing smoke - wanted to charge another $40 plus on top of the transfer fee. Don't mind a guy making money off a transfer considering he's got to keep the paperwork nearly forever but this guy was plain lying about it.

Link Posted: 10/29/2009 3:40:05 PM EST
NAME NAMES!
Link Posted: 10/29/2009 5:35:08 PM EST

Originally Posted By StealthCRF:
NAME NAMES!

It's the guy listed under 'Dallas/Mesquite' here: http://www.ar15.com/content/page.html?id=522
Link Posted: 10/30/2009 12:23:05 AM EST
Originally Posted By RickyRifle:

Originally Posted By StealthCRF:
NAME NAMES!

It's the guy listed under 'Dallas/Mesquite' here: http://www.ar15.com/content/page.html?id=522


Question...How do I get my name on the FFL list?
Link Posted: 10/30/2009 5:01:46 AM EST
Originally Posted By TXGUNNER308:
Originally Posted By RickyRifle:

Originally Posted By StealthCRF:
NAME NAMES!

It's the guy listed under 'Dallas/Mesquite' here: http://www.ar15.com/content/page.html?id=522


Question...How do I get my name on the FFL list?


Do something dishonest?

Link Posted: 10/30/2009 5:04:33 AM EST
Originally Posted By TXGUNNER308:
Originally Posted By RickyRifle:

Originally Posted By StealthCRF:
NAME NAMES!

It's the guy listed under 'Dallas/Mesquite' here: http://www.ar15.com/content/page.html?id=522


Question...How do I get my name on the FFL list?


IM or e-mail soowah

Link Posted: 10/30/2009 4:23:31 PM EST
This guy?

Dallas/Mesquite Texas Star Gun Sales 3501 Point East Dr. (972) 270-3012 $20 12/21/2002 Walter Pennington


Link Posted: 11/2/2009 4:09:55 PM EST
Yup
Link Posted: 11/2/2009 4:13:48 PM EST
Originally Posted By Doc_Strangelove:
This guy?

Dallas/Mesquite Texas Star Gun Sales 3501 Point East Dr. (972) 270-3012 $20 12/21/2002 Walter Pennington




Walter is still around?!



mm
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