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taxes and transfer


laktrash

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Posted

Not sure this correct place to post this thread but, If you have a gun transferd from lets say a seller in west tenn to ffl in east tenn do have to pay taxes or is it like if you get one from out of state just pay transfer fee and tic?

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Posted

One dealer or the other will be charging sales tax, likely the west TN dealer.

Also, TDR has made vibes about the dealer receiving the firearm be responsible for sales tax on out of state sales. It isn't a sale until he completes that 4473 is their logic.

Posted
I always thought if the sale/purchase was between two private citizens, there are no taxes, even if an FFL is used to make the transfer.

He didn't say individual, only seller, leaving it open to whether it is a dealer or individual. If individual non-dealer, your thought is correct.

Posted
You are not buying the gun from the FFL,thus no tax can be charged by them,on either end.

You may wish to talk to the Discovery Unit at the Tennessee Department of Revenue before stating that as fact. They appear to want to differ.

Posted
You are not buying the gun from the FFL,thus no tax can be charged by them,on either end.

wrong, if the guns coming in from anywhere and is a brand new gun the state can demand collection of sales tax. On a transfer inside the state the purchase could have been made on the end of the shipping dealer, thus tax can be collected by them or the transfering dealer.

As dealers were required to inform the buyer/transferee if tax collection is needed, if the buyer refuses, then were required to forward a copy of a special form used to pay the tax to the buyer/transferee and document that on our return. Then its up to the buyer to pay it, if not then they may get a knock on the door one day by the state collecting the tax plus interest.

It kinda boils down to this. If the guns used or coming from a mom and pop outfit, your good to go. The state has no way to track it or know about it. If its coming from a gun wholesaler or distributor then your going to have to pay the tax because they have to report whats sent into our store to the state where they are and they forward that info to the State of Tennessee.

Back several years ago this want a big deal, now they have figured out they can track new guns pretty easy, thus the paying of an unfair tax.

Posted

Well,I'm assuming that he's speaking of buying it from a private seller,and having it transferred.

If thats the case,its no different then having a UPS store "transfer" a package between two parties in the sense of tax,and I'm not giving UPS tax for something their transferring for me.Its not their business to charge me tax no more then it's their business to know what I paid for the item.

Posted

agreed, and right now they have no way to know what you have purchased out of state. Theres no way to track it like a regulated item with a serial number. However if this state has their way we will have to pay tax on averything we buy on the net or over the phone, technically were supposed to "volunteer" that payment right now... but since they cant track it they cant enforce it.

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