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California sales tax may apply to YOU!

dwilson

Well Known Member
Recently spoke with Tom Alston about California sales tax.

I live in Washington. I bought and am building my RV-10 in Washington. I don't own anything in California. I don't have kids in school in California.

BUT, if I fly my newly built airplane into California airspace within the first year, California will consider me a resident and will apply their sales tax to my airplane!!!!!

Guess I won't be going to Disneyland any time soon!!!!!!!
Guess I can't fly down for the day and visit Mike S. at Cameron park. BUMMER!
 
I hadn't heard that but I do own income property in California.... The California legislature passed a "law" several years ago essentially helping themselves to an INTEREST-FREE LOAN of my money! The state's financial woes have it underhandedly trying to reach into whoever's pocket it can. I grew-up in California (San Jose) but I'm much happier in TEXAS! :D
 
You sure?

Recently spoke with Tom Alston about California sales tax.

I live in Washington. I bought and am building my RV-10 in Washington. I don't own anything in California. I don't have kids in school in California.

BUT, if I fly my newly built airplane into California airspace within the first year, California will consider me a resident and will apply their sales tax to my airplane!!!!!

Guess I won't be going to Disneyland any time soon!!!!!!!
Guess I can't fly down for the day and visit Mike S. at Cameron park. BUMMER!

That doesn't sound right to me. Who is Tom Alston? Can this be confirmed? If true, all should know. If not true, it will scare folks from flying into beautiful CA.

The way I understand it, if you really do live in CA, and you buy a plane outside of CA, you owe sales tax on it unless you keep it outside of CA for a year, plus some other requirements.

I don't think that rule applies to non-CA residents.

Disclaimer: I'm not a lawyer, nor do I want to be. I didn't sleep in any motel/hotel last night. YMMV, and ignore everything I just said! I have no idea what I am talking about. (You get the idea.) ;)
 
BUT, if I fly my newly built airplane into California airspace within the first year, California will consider me a resident and will apply their sales tax to my airplane!!!!!

Uh, sure. Hey, would you like to buy a bridge I own in California? I need cash so I'll sell it cheap...it's a toll bridge so great cash flow. You may have seen it in pictures, painted a reddish-orange color...

More seriously, for decades rich Californians bought yachts and aircraft and parked them out-of-state for 6 months to avoid paying sales tax. Finally a few years ago the Legislature upped the time to one year. That has got turned into an urban legend apparently.
 
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No, you misunderstood

What Tom was talking about was California residents who buy an airplane out of state, or register an airplane out of state, cannot bring the plane into California without risking sales/use tax. It doesn't apply to transient visitors.

I am an aircraft dealer and broker, and I attend Tom's seminars annually to keep up on new tax laws and regulations. Check back with him for clarification.
 
Recently spoke with Tom Alston about California sales tax.

I live in Washington. I bought and am building my RV-10 in Washington. I don't own anything in California. I don't have kids in school in California.

BUT, if I fly my newly built airplane into California airspace within the first year, California will consider me a resident and will apply their sales tax to my airplane!!!!!

Guess I won't be going to Disneyland any time soon!!!!!!!
Guess I can't fly down for the day and visit Mike S. at Cameron park. BUMMER!

It's called THE ROBBENHOOD EFFECT!

Take from the rich aircraft owners that fly in and give it to the people that walk in
and are considered residents immediately.....................:mad:
 
Ah the California airplane taxers

I don't want to know anything about the tax people but I do know they are agressive. I used to live in Orange County and flew to Los Angeles each day. Every year of so I would get a tax bill from Los Angeles and I had to send them documentation to prove that I paid the tax to Orange county. In other words they are actively trying to catch people to tax.

Bob Axsom
 
What Tom was talking about was California residents who buy an airplane out of state, or register an airplane out of state, cannot bring the plane into California without risking sales/use tax. It doesn't apply to transient visitors.

I am an aircraft dealer and broker, and I attend Tom's seminars annually to keep up on new tax laws and regulations. Check back with him for clarification.

That is not the take I got when I talked to him last Friday. I will listen again.
 
That is not what his video intro says

What Tom was talking about was California residents who buy an airplane out of state, or register an airplane out of state, cannot bring the plane into California without risking sales/use tax. It doesn't apply to transient visitors.

I am an aircraft dealer and broker, and I attend Tom's seminars annually to keep up on new tax laws and regulations. Check back with him for clarification.

Craig,
I respectfully disagree with you.
I just went back and listened to his intro video again and Tom states that it doesn't matter what state you are a resident of, CA can assess tax on your aircraft if you fly it into California within 12 months of purchasing it.
 
Wasn't there a similar issue with Florida recently? Seems like people were considering not flying there,to Sun n Fun, etc.
 
I think you want this section

http://www.boe.ca.gov/lawguides/business/current/btlg/vol1/sutr/1620.html

and these paragraphs

(3) PURCHASE FOR USE IN THIS STATE. Property delivered outside of California to a purchaser known by the retailer to be a resident of California is regarded as having been purchased for use in this state unless a statement in writing, signed by the purchaser or the purchaser's authorized representative, that the property was purchased for use at a designated point or points outside this state is retained by the vendor.

Notwithstanding the filing of such a statement, property purchased outside of California which is brought into California is regarded as having been purchased for use in this state if the first functional use of the property is in California. For purposes of this regulation, "functional use" means use for the purposes for which the property was designed. Except as provided in subdivision (b)(5) of this regulation, when property is first functionally used outside of California, the property will nevertheless be presumed to have been purchased for use in this state if it is brought into California within 90 days after its purchase, unless the property is used, stored, or both used and stored outside of California one-half or more of the time during the six-month period immediately following its entry into this state. Except as provided in subdivision (b)(5) of this regulation, prior out-of-state use not exceeding 90 days from the date of purchase to the date of entry into California is of a temporary nature and is not proof of an intent that the property was purchased for use elsewhere. Except as provided in subdivision (b)(5) of this regulation, prior out-of-state use in excess of 90 days from the date of purchase to the date of entry into California, exclusive of any time of shipment to California, or time of storage for shipment to California, will be accepted as proof of an intent that the property was not purchased for use in California.

(4) PURCHASE FOR USE IN THIS STATE?VEHICLES, VESSELS AND AIRCRAFT.?90-DAY TEST (PRIOR TO OCTOBER 2, 2004, AND FROM JULY 1, 2007, THROUGH SEPTEMBER 30, 2008). The provisions of subdivision (b)(4) apply prior to October 2, 2004, and from July 1, 2007, through September 30, 2008. A vehicle, vessel or aircraft purchased outside of California which is brought into California is regarded as having been purchased for use in this state if the first functional use of the vehicle, vessel or aircraft is in California. When the vehicle, vessel or aircraft is first functionally used outside of California, the vehicle, vessel or aircraft will nevertheless be presumed to have been purchased for use in this state if it is brought into California within 90 days after its purchase, exclusive of any time of shipment to California or time of storage for shipment to California, unless:

(A) Physically Located Outside California. Use tax will not apply if the vehicle, vessel or aircraft is used, stored, or both used and stored outside of California one-half or more of the time during the six-month period immediately following its entry into this state.​

and

(5) PURCHASE FOR USE IN THIS STATE VEHICLES, VESSELS, AND AIRCRAFT?12-MONTH TEST (FROM OCTOBER 2, 2004, THROUGH JUNE 30, 2007, AND AFTER SEPTEMBER 30, 2008).

(A) Purchased for Use in California. Except as provided in subdivision (b)(5)(D) below, the provisions of subdivision (b)(5) apply from October 2, 2004, through June 30, 2007 , and after September 30, 2008. A vehicle, vessel, or aircraft purchased outside of California which is brought into California is regarded as having been purchased for use in this state if the first functional use of the vehicle, vessel, or aircraft is in California. When a vehicle, vessel, or aircraft is purchased outside of California, is first functionally used outside of California, and is brought into California within 12 months from the date of its purchase, it is rebuttably presumed that the vehicle, vessel, or aircraft was acquired for storage, use, or other consumption in this state and is subject to use tax if any of the following occur:

1. The vehicle, vessel, or aircraft was purchased by a California resident as defined in section 516 of the Vehicle Code, as that section now reads or is hereinafter amended.

2. In the case of a vehicle, the vehicle was subject to registration under Chapter 1 (commencing with section 4000) of Division 3 of the Vehicle Code during the first 12 months of ownership.

3. In the case of a vessel or aircraft, that vessel or aircraft was subject to property tax in this state during the first 12 months of ownership.

4. The vehicle, vessel, or aircraft is used or stored in this state more than one-half of the time during the first 12 months of ownership.

(B) Evidence Rebutting Presumption. This presumption may be controverted by documentary evidence that the vehicle, vessel, or aircraft was purchased for use outside of this state during the first 12 months of ownership. This evidence may include, but is not limited to, evidence of registration of that vehicle, vessel, or aircraft, with the proper authority, outside of this state.


Seems clear that the rules are, as said earlier, to prevent CA residents from "hiding" assets by locating them in a different state part of the time...not to tax transient aviators.

If someone believes differently, then could they please provide an exemplar of said taxation on a transient plane owned by a non-CA resident?
 
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I don't want to know anything about the tax people but I do know they are agressive. I used to live in Orange County and flew to Los Angeles each day. Every year of so I would get a tax bill from Los Angeles and I had to send them documentation to prove that I paid the tax to Orange county. In other words they are actively trying to catch people to tax.

Bob Axsom

But that is the yearly property tax. The original post was about use tax or sales tax.

I got ***** when Kern County and Los Angeles County debated over the location of my sailplane - in the process Kern County manged to put a lien on it, and it was over the year that I was not protesting!!
 
Craig,
I respectfully disagree with you.
I just went back and listened to his intro video again and Tom states that it doesn't matter what state you are a resident of, CA can assess tax on your aircraft if you fly it into California within 12 months of purchasing it.

Again, the distinction here between "for use in California" and a transient visit of an aircraft. Unlike the recent Florida rules, California will not tax you if you visit California during the first 12 months that you own your airplane.
 
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