Posted: 6/29/2008 8:52:50 AM EDT
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IS there some kind of NY law that states that NY FFLs are required to have a invoice made out to them with purchase price(out of state purchase paid in full). Or is this just a shop policy to make a couple more bucks?  |
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agreed, as i see it, the sales tax is collected on the transfer fee only and any other items you purchase in the store at the time....the purchase cost of the firearm is paid direct by the purchaser to the out of state seller/dealer and stays outside of the NYS sales tax , if you really want to pay the sales tax to your home state there is a line on the state tax form that allows you to declare the purchase and send off the NYS tax for any interstate purchase you make..come on guys, NYS does such a fine job with the tax money..kick it up !!..., yeah right ...sales tax is collected as a seperate line item and rendered direct to NYS, the dealer can not "skim" any of the tax amount off the bill...what is collected must be sent in, NY is one of the few states that does not allow a merchant to retain a % of the state tax to offset the time , effort , and accounting fees it takes to collect, save and sent in the tax, hell , in NY if you go over a certain $ amount of collected tax for the year, you must pay 30 day in advance based on last years sales for that month...no, the tax folks do not send out "thank you" letters......come on, sing it boys...."I love New York" |
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NO....there isn't a law on the books that states this. Like others have stated here, the FFL will most likely pocket all that money and offset their own taxes due. If any FFL says that (tax bullshit), tell him that 1. Please put is in writing that their shop has to collect sales tax 2. That you're contacting the NY Dept of Taxation that their shop is practicing this. 3. Please post the shop name that is doing this. IMHO, go with choice 2 and ask questions. I remember this years ago that a buddy of mine before he moved to FL tranferred a rifle with a now defunct long island FFL. Same deal, they wanted an invoice for the purchase so that they could collect sale tax. My friend being an accountant smelled a crook since the FFL would not release the rifle since it was valued at over 4000.00. Buddy contacts choice 2, they flip out when they find out they might have found a "skimmer". In the end, said friend gets his hunting rifle, crook FFL has everything audited on his books. It's your choice but call the state and get informed. Also inform them that this practice is going on. FYI...they can only collect sales tax on the transfer fee...nothing more. Also get a receipt for the transfer fee. If you see them open the register and demand cash without a receipt....BUZZ.....they are wrong! |
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http://www.tax.state.ny.us/pdf/publications/sales/pub774_208.pdf Call and confirm section 1 with the State. As it reads, you are directly responsible to pay the Use and Sale Tax for your state on your tax returns. I don't live in your state, but google is thy friend. This turned up in a quick search. |
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Gunbroker FFL locator See if you can find anyone on that, I'd stay away from those rejects at collectors. |
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If it's coming from out of state you are responsible for the tax not the recieving FFL If it's coming from dealer to dealer in the state one of them has to collect the tax. My point of view, now that SCOTUS declares it an individual right, guns are no longer taxable. |
The whole story regarding the outfit I posted was so that they could collect sales tax and keep it for themselves. I know this first hand because he tried it with me once. I went elsewhere. |
| DID ANYONE CALL THE NEW YORK STATE TAX DEPARTMENT ON THIS MATTER OR ARE YOU BASING YOUR KNOWLEDGE ON HERESAY FROM THE SISSIES THAT HIDE BEHIND SCREEN NAMES ON CHAT SITES. WELL I HAVE CALLED THE TAX DEPT. ON THIS VERY MATTER ON EVERYONE'S BEHALF SINCE THAT'S THE LAST THING THAT ANYONE WOULD DO. GO RIGHT TO THE SOURCE. ANYWAY, THE ANSWER I GOT FROM THE NEW YORK STATE TAX DEPT. WAS THAT A FIREARM BEING BROUGHT INTO THE STATE OF NEW YORK TO AN FFL DEALER, THAT DEALER IS RESPONSIBLE FOR COLLECTING THE SALES TAX ON THE VALUE OF THE FIREARM AND ANY TRANSFER FEES THAT MAY BE ATTACHED TO THE SAME. |
Well gee , pardon me for not relying on some faceless Bureaucrat  .Sales Tax can only be collected in ONE STATE for any given purchase. If the state the gun was shipped from HAS a sales tax and it wasn't collected that means the State of origin was cheated. If the state of origin HAS NO SALES TAX , the buyer must pay sales tax in his home state. So the situation being discussed means the NY FFL is a SCUMBAG CHEAT!  |
Charlie is that you?  Let's get the NYS Tax Dept. to answer the question in writing. Are you game? |
 The only sales tax I have ever payed on an out of state purchase was tax on the actual transfer fee. So around $1.40 or so. I'm sure you have a name of the person you talked to who gave you these words of wisdom? And sissies who hide behind screen names on a chat site, now that's the pot calling the kettle black isn't it. Do us all a favor, go away. I see nothing wrong with a thread that warns people about crooked FFL's who are just trying to line their pockets a little more, after all this is an online COMMUNITY, that's what communities do, they look out for each other. |
| An FFL is not authorized to collect sales tax on an out of state transfer. The FFL is not "selling" you anything except his services to facilitate the transfer as required by federal law. He/she is authorized to collect sales tax only on the transfer fee and trigger lock (if the gun was not shipped with one). As a practical matter how would the FFL even know what you paid fro the gun? |
| IT'S UNFORTUNATE THAT SOME PEOPLE DID NOT UNDERSTAND MY MESSAGE OR MAYBE ENGLISH. SO, I WILL TYPE S---L---O---W---E---R. IF YOU CALL THE TAX DEPARTMENT, THEIR NUMBER IS 800-972-1233. ASK FOR ONE OF THEIR INVESTIGATORS. THEY WILL EXPLAIN TO YOU THAT THE TAX MUST BE COLLECTED ON ANY FIREARM COMING INTO THE STATE OF NEW YORK. AND WHILE YOU'RE THERE, ASK THEM WHAT HAPPENS IF THE GUN IS RECEIVED WITHOUT AN INVOICE. THEY WILL EXPLAIN TO YOU THAT IN LIEU OF AN INVOICE YOU CAN USE BOOK VALUE. THIS APPLIES TO FIREARMS, CARS, BOATS, ETC. LET ME KNOW HOW YOU MADE OUT. |
Let's get the auditors out to your store to verify, how about it? |
I'm sure you are explaining to said investigators that the firearm in question was purchased from a store residing outside the territorial bounds of new york state and that has no physical connections with this state. Or did you fail to mention that? Per NYS dept of taxation and finance website.
Hmm it says "YOUR CUSTOMERS," are responsible not your "CROOKED FFL" |
+ 1, failing to remit monies collected is actually listed right on the website under the "Report tax fraud and evasion" link. |
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Since D500 is scared to say it, it is definitely Collectors in hopewell. Red is a piece of shit, and I feel bad for you NY guys that have to deal with him cause there is no one else. I told D500 to go to another FFL but there arent that many to choose from... D500 why not D501 or D54 or D30? Whats with the D500 that tickles your fancy. Oh by the way,you better not be doing any more shooting on company time! And I found out today that Northville is located right next to Bumblefuck. |
| Its up to the buyer to claim his purchase and pay the tax not the ffl.The wife is a ffl dealer.When she started it was the first question that came up.She called the tax office and asked if she was supposed to collect sales taxe on an out of state transfer.She explained what that was and what she did to the person on the phone.The tax person told her that what she was doing was considerd administrative work and was not taxable. |
Are you sure? I did my first ever transfer (every other gun I've bought in person) recently, through Accurate Sports in Yonkers. There was a receipt for the payment with the gun, the guy took one look at it, said 'you haven't paid sales tax in the state you bought it, I have to collect NYS sales tax'. He was totally adamant - said that was the law, the NYS tax inspectors are really hot on this, they go through all my paperwork and check to make sure I collect sales tax on all out-of-state transfers. So I paid nearly $200 in sales tax on the FS2000 I was transferring... Mike |