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Page Hometown » Ohio
Posted: 1/19/2006 4:06:40 PM EDT
OK, so I went into Aumillers tonight to look at their NFA stuff and see about having them do a Class 3 transfer for me. They have an FNC there for $8,900, without the burst, unknown conversion origin, and it looks OK, but the guy said he wont do anything on the price. I said that was fine, I had an excellent condition one lined up in Texas with the burst installed for $6,900, so I asked him about the transfer. Of course he wanted me to buy his, and I explained that was why I asked if he would deal on it, which he again said he wouldn't. Anyways, after his less than helpful instructions on the transfer, he said "You do know you will have to pay Ohio sales tax on that rifle." I asked if this was something specific to Class 3 because I've never paid taxes for an out of state transfer at various gunstores (besides the transfer fee), and he acted like he was just bowled over. After that I decided I'd find another Class 3 dealer to do my transfer.

I remember reading something like this happening to someone else around here, so is there any legitimacy to this, or is this guy trying to line his pockets?
Link Posted: 1/19/2006 4:31:23 PM EDT
Find another guy. I used to like Aumiller, but he pulled the same BS on me. I will never step foot in there again. He is wrong. He is not obligated to collect sales tax unless you pay him for the gun, period. All he is doing for you is processing a transfer.

Check with New Albany Shooing Range. They have some C3 stuff, so they must have a C3 FFL. There's also a guy named Dave Scoffield (spelling?) from Lancaster... do a google on Dave's World guns, and you should find him.

You should also check with Scott Cousino. He's in Toledo, but he is a great guy!
Link Posted: 1/19/2006 4:32:36 PM EDT
Interstate commerce is not taxable.

How do you know a Class III is interstate commerce? Easy - it's regulated by ATF according to what? You guessed it. Interstate commerce.

The only thing that could be taxable is the transfer fee itself. You're not paying Aumiller for the rifle are you? That's the only way you could be taxed for it. He's providing the service, not the gun for sale.
Link Posted: 1/19/2006 4:54:59 PM EDT
Technically, the buyer is supposed to pay "use tax" on out of state purchases for things that are normally subject to sales tax.

Ohio vendors are required to collect sales tax on goods they sell within Ohio. People (and companies) who "use" goods in ohio that were bought outside Ohio (and therefore the vendor didn't collect sales tax) are supposed to file a use tax return and remit the tax to the state. Of course, people don't normally do that... But, the state does go after lcompanies that may buy supplies from an out of state source... So, none of this is taxing of interstate commerce... It's a "use tax," as bogus as that may sound.

None of this means that Aumiller should collect "sales" tax... he didn't sell anything. Technically, however, the purchaser is supposed to remit the equivalent amount as "use" tax. Nor should he collect use tax on your behalf.

He's just ignorant... Don't even get me started about NFA transfers to corporations... He said it wasn't valid, and there's no way around geting a CLEO signature. For being a C3 dealer with a fairly large inventory, he is clueless.

Sorry... rant of.
Link Posted: 1/19/2006 5:00:53 PM EDT

Originally Posted By CZ-75Jeff:
Technically, the buyer is supposed to pay "use tax" on out of state purchases for things that are normally subject to sales tax.



Oh yeah, the "use" tax. I forgot about that little voluntary gem. I'll be sure to add up all my internet sales and send that check right on in. Right after I go to Sweden and get that sex change.

Link Posted: 1/19/2006 5:39:21 PM EDT
Link Posted: 1/19/2006 6:09:50 PM EDT
If you go to Vances and ask Ritchie Vance nicely he just might do the transfer for you... likley without all of the B.S.

Mike
Link Posted: 1/19/2006 6:46:48 PM EDT
I almost built their website for them a few years ago (they put the brakes on when they merged with BO), and I worked with Doug trying to get it all set up. Now that you mention that, I wonder if he could help me out.
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