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Posted: 1/22/2006 4:00:23 PM EDT
I haven't bought a gun from out of state for a while and can't remember about taxes. Will the FFL who is handling the transfer be required to collect the taxes even if the purchase was out of state?

Thanks
Link Posted: 1/22/2006 5:10:19 PM EDT
i has a ffl recieve 3 long guns for me last summer he charged me 25 each to recieve them and 2 dollars each for the call in and tax on the money i payd him. but i do think this guy is a thief. i dont really know if they can charge you tax on the gun unless they order it for you . if you orderd it and paid for it via check or card and it was on line then it is not taxible. but i guess they can tax you on the 25 you pay the ffl to recieve the gun.
Link Posted: 1/22/2006 5:15:19 PM EDT

Originally Posted By Rickinva:
i has a ffl recieve 3 long guns for me last summer he charged me 25 each to recieve them and 2 dollars each for the call in and tax on the money i payd him. but i do think this guy is a thief. i dont really know if they can charge you tax on the gun unless they order it for you . if you orderd it and paid for it via check or card and it was on line then it is not taxible. but i guess they can tax you on the 25 you pay the ffl to recieve the gun.



Did all 3 guns come in at the same time, or did you pick up all 3 at the same time (listed on one form)?
Link Posted: 1/22/2006 5:27:30 PM EDT

Originally Posted By Rickinva:
i has a ffl recieve 3 long guns for me last summer he charged me 25 each to recieve them and 2 dollars each for the call in and tax on the money i payd him. but i do think this guy is a thief. i dont really know if they can charge you tax on the gun unless they order it for you . if you orderd it and paid for it via check or card and it was on line then it is not taxible. but i guess they can tax you on the 25 you pay the ffl to recieve the gun.

Thats what I seemed to remember. Just thought I'd check.

Thanks
Link Posted: 1/22/2006 6:10:23 PM EDT
Link Posted: 1/23/2006 8:49:08 AM EDT
I have purchased several firearms via the internet and have never been charged with state sales taxes. Make sure the package is shipped to you through your FFL. It is no different than purchasing any thing else via the internet. As long as the store/shop you are purchasing from does not have a store in your state.
Link Posted: 1/23/2006 9:09:06 AM EDT
[Caveat: I'm not a tax attorney,but I do work with S/T and U/T somewhat]
As a general rule when you buy a product out of state,you either owe use tax to your state of residence or sales tax to the state you bought it from. In mail or internet order,partly this depends on where and to whom title transfers. If you paid the out of state FFL for the weapon ,and had it transfered to your FFL who then charged you a fee for service, then you owe VA use tax on the weapon. If the FFL paid for the weapon, brought it into their inventory, then you pay VA sales tax on the weapon's price.
I think Dark Sun is operating under the theory that as the FFL,since they have to enter the transaction in their bound book, that they have taken possession of the weapon and have then sold it to you in a VA taxable sale of a good. As mentioned, the service isn't taxable.
If you didn't pay VA sales tax to your local dealer, and you didn't pay out of state sales tax to the other FFL, then you owe use tax to Virginia (via a form on your income tax return),just as with all internet and most catalog mail order purchases that you buy from out of state. In practice, almost no one pays use tax on small retail items.
The weird part that I'm not sure about is when the title transfers,and whether it actually must go through the FFL's ownership. You still owe tax either way. I'd imagine the nebulous nature of this title transfer is what allows FFL shops to not charge S/T. The onus is supposed to lie on you to pay U/T instead.
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