# Attention FL buyers - Have you been able to avoid Sales/Use Tax with E.D.?



## L Seca (Apr 22, 2005)

beewang said:


> Now... that is interesting...
> 
> The Publication I pulled online is listed on their website as the current Pub 61 (see link below) http://www.boe.ca.gov/sutax/staxpubsn.htm
> 
> ...


Yes, the DMV info is correct, and Pub 61 (2007) is out of date. I didn't take the DMV clerk's word; I made them show me the law. I still have never found it online, however.


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## ncarter124 (Dec 17, 2009)

Just got off the phone with Florida. I tried the tax collector and they sent me to Department of Revenue who had absolutely no idea. What a surprise. He thinks I pay tax in SC but really doesn't know. Good times.

Oh well, I am just going to forget it and wing-it when the time comes. I'll just let the dealer collect it and call it a day. Thanks to everyone for the help.


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## mason (Jun 8, 2006)

So you are not going to try it? 

In a sense, I was looking forward to it. Everything has a first time. I was hoping this was a test case even though I thought it wouldn't work.


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## ncarter124 (Dec 17, 2009)

mason said:


> So you are not going to try it?
> 
> In a sense, I was looking forward to it. Everything has a first time. I was hoping this was a test case even though I thought it wouldn't work.


Well, in the beginning when I thought the 6 month thing would start when my VIN was assigned, then at least the timeline was somewhat close (by the time you add in the build, vacation time, 6 weeks at sea, 2 weeks in customs, time in SC, 30 days on temp tags, and so on), but the guy on the phone at the dept of revenue said the date the 6 months would start according to Florida law would be "when tax is paid in South Carolina"... so at this point I am going to have to talk to somebody more knowledgable about this in order to say if I will try it or not, because while I am no expert on this obviously, but I am pretty sure I wouldn't pay SC tax. And even if I did, I don't understand what he would be talking about if that was the case... would I get a refund then? The guy just didn't know what he was talking about, so I am going to call back in a week or so and hopefully get somebody else.
Before that though I am going to call the actual DMV here and see what paperwork they will require for a new car registration and go from there. So at this point, if I can find somebody that has a slight idea about this and can tell me something regarding this 6 month rule that would make it even close to feasable, I'll give it a shot, heck it can't hurt. But for right now, my next call is to the DMV.


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## beewang (Dec 18, 2001)

ncarter124 said:


> ... but the guy on the phone at the dept of revenue said the date the 6 months would start according to Florida law would be "when tax is paid in South Carolina"... ....


Did you ask him which section of the "law" he is citing from so you can verify what he said (and not just another "know it all" guy working at the Dept of Rev??)

ALWAYS look for "collaborating evidence"



ncarter124 said:


> .... so at this point I am going to have to talk to somebody more knowledgable about this in order to say if I will try it or not, because ...


Unless you know someone or have someone in mind already... GOOD LUCK!!:eeps: Unless you know of someone who is a personal friend of yours who is an Accountant or an Attorney in this field... otherwise you can forget about it and you are better off doing your own research,



ncarter124 said:


> .. because while I am no expert on this obviously, but I am pretty sure I wouldn't pay SC tax. ...


No you wouldn't as 1) Sales transaction did NOT occur in the state of SC (thus no sales tax is relavant to SC) and 2) since you are NOT a residence of SC and you are merely transporting your property thru the state of SC, use tax is not applicable here.



ncarter124 said:


> ..I am pretty sure I wouldn't pay SC tax. And even if I did, I don't understand what he would be talking about if that was the case... would I get a refund then? The guy just didn't know what he was talking about, so I am going to call back in a week or so and hopefully get somebody else....


Yes... you would get a refund had you paid it... You would have to file the appropritate form and request for a refund.

Like i said.. either he doesn't know what he is talking about or you didn't explained it fully (or as is usually the case.. a lil of both). 

Look, I have to say you are wasting your time by relying on a call center guy at the Dept. Of Revenue with respect to technical interepretation of the sales/use tax codes. You need to go here and start reading chief http://dor.myflorida.com/dor/taxes/sales_tax.html 

here is a couple PDF that may be of interest:

http://dor.myflorida.com/dor/forms/2008/dr26s.pdf

http://dor.myflorida.com/dor/forms/2009/gt800030.pdf

If you find something and need some help, post it back here and am I sure this forum will chip in


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## ncarter124 (Dec 17, 2009)

beewang said:


> Did you ask him which section of the "law" he is citing from so you can verify what he said (and not just another "know it all" guy working at the Dept of Rev??)
> 
> ALWAYS look for "collaborating evidence"
> 
> ...


Thank You for all of this! I didn't ask him because I knew he was just guessing more or less, and I was at work when they called so I was a bit rushed. I plan on getting all of mu ducks in a row and then trying again so I can get some answers. I have actually already read the link you provided but like I said, I'll get an answer one way or another eventually.


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## beewang (Dec 18, 2001)

ncarter124 said:


> .. on getting all of my ducks in a row and then ...


Listen PUNK!! Are you trying to be funny??!!:dunno: and exactly what are going to do when you lined my DUCKS in a row??!!


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## Bombay Jay (Mar 20, 2006)

In our state, you have to go to the clerk of courts to get your memo title before you can register the car. They will collect the tax there, because if you paid it at the dealership you would already have the memo title to take to get it registered. One way or another they are going to get their tax, even if you haven't used the car in the last 6 months.


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## ncarter124 (Dec 17, 2009)

beewang said:


> Listen PUNK!! Are you trying to be funny??!!:dunno: and exactly what are going to do when you lined my DUCKS in a row??!!


LMAO! I didn't even put two-and-two together. :rofl:


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## ncarter124 (Dec 17, 2009)

Bombay Jay said:


> In our state, you have to go to the clerk of courts to get your memo title before you can register the car. They will collect the tax there, because if you paid it at the dealership you would already have the memo title to take to get it registered. One way or another they are going to get their tax, even if you haven't used the car in the last 6 months.


Yeah every state is different. The guy did speficially tell me that the 6 month rule was true and valid, but as far as when that 6 months starts paperwork-wise, that's a different story.


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## c0mr8d3 (Sep 16, 2006)

Not too sure, but my experience might help a little. I purchased my car through military sales and took delivery in January 2009. In April 2009, I PCS'd (moved) back to the states, new station in Florida. I picked up my car in June 2009 and finally got around to registering it in August 2009, drove around with overseas military plates for about two months. 
I still had to pay the Florida sales/use tax, even though I am not a Florida resident, just there because of military orders. But instead of paying tax on the full price of the car, they take the current value of the car and tax it base on that. In my case, my car was still too new, about seven months old, that the NADA guide they used didn't have it in there. So instead, they asked me to get a letter from my bank showing the pay off amount of the car and taxed me based on that. So instead of being taxed for a $47k car, I paid tax based on a $20k car, since that was my payoff amount at that time. Hope this can shed some light for you.


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## ncarter124 (Dec 17, 2009)

c0mr8d3 said:


> Not too sure, but my experience might help a little. I purchased my car through military sales and took delivery in January 2009. In April 2009, I PCS'd (moved) back to the states, new station in Florida. I picked up my car in June 2009 and finally got around to registering it in August 2009, drove around with overseas military plates for about two months.
> I still had to pay the Florida sales/use tax, even though I am not a Florida resident, just there because of military orders. But instead of paying tax on the full price of the car, they take the current value of the car and tax it base on that. In my case, my car was still too new, about seven months old, that the NADA guide they used didn't have it in there. So instead, they asked me to get a letter from my bank showing the pay off amount of the car and taxed me based on that. So instead of being taxed for a $47k car, I paid tax based on a $20k car, since that was my payoff amount at that time. Hope this can shed some light for you.


Thanks that does help, and thank you for your service. :thumbup:


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## Sputnik1961 (Apr 22, 2010)

Stipulation - I am lazy and did not read the entire line of posts ... just skimmed it. If i repeat something or say something that has already been shot down then whatever.

Also this is for Military members only.

I recieved my VIN in early June and picked up my car in mid August. That is 2.5 months. I did rush the system so that time period can of course be longer.

I am stationed in VA but maintain my residency in FL. The is an exemption from FL sales/use tax if you register in FL. The stipulation is that you must still by tax in the state in which you buy the vehicle. This is a great way to save money on sales tax if you live in a state with a lower tax than Floridas 7%. Also the car will is not allowed to be in FL for six months (this is most likely from the day you register it not the day you get the VIN). Here is the link to the page on the FL DMV website: http://www.flhsmv.gov/html/forms.html

Since you are buying the vehicle overseas then you to not owe any tax to another state so that is the way around it. Now many states do have a use tax and I am not sure as to the exact nature of that tax and if you are still required to pay that tax (which is usually the same as sales tax).


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## JSpira (Oct 21, 2002)

Sputnik1961 said:


> Since you are buying the vehicle overseas


 How's that? Who is buying the car overseas here? :dunno:


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## RBinDC (Aug 8, 2010)

beewang said:


> Actually... that is *NOT* true. Under the UCC, unless otherwise stated on the contract that the buyer will take possession of the designated goods without delivery by the seller. Simply by "paying" for the goods does NOT complete the sales transaction. In short the item has to be;
> 1) Paid for
> 2) Take physical posession of the goods (Delivery)
> Title and risk will transfer to the buyer when Delivery occurs. That is in fact when you "own" the vehicle and in this case, it will be the day you take the keys and drive off from the Welt.


I think the purchase date for ED delivery occurs about 2 weeks before delivery. The contract that the buyer signs with BMW NA clearly states that it is irrevocable 11 days after the buyer receives a Confirmation from BMW NA that the Purhase Order has been accepted - unless BMW defaults by not delivering the vehicle as scheduled. Seems to me that contract trumps the UCC (but I'm not a lawyer, I just play one on the internet).


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## Sputnik1961 (Apr 22, 2010)

JSpira said:


> How's that? Who is buying the car overseas here? :dunno:


Well i see the original post was for a European Delivery (i.e. ED - obviously overseas).

My experience was buying using the Military Sales Program (MSP) for deployed military member


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## JSpira (Oct 21, 2002)

Sputnik1961 said:


> Well i see the original post was for a European Delivery (i.e. ED - obviously overseas).


Ja it was for ED but it is clearly NOT an overseas purchase


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## Sputnik1961 (Apr 22, 2010)

JSpira said:


> Ja it was for ED but it is clearly NOT an overseas purchase


I guess I just saw it as an ED so they were taking ownership overseas (i.e. overseas purchase). Thank you so much for pointing that out.

I am sorry that I was trying to pass on some information that may help someone else save a few thousand dollars that I was not because no one showed me the paperwork. Also the mouth breathers at the three separate DMVs I spoke to did not even know about this paperwork. Just trying to help out. if it works for you great if not then oh well


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