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Old December 26, 2012, 08:38 PM   #1
GunXpatriot
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Is There Tax on a Firearm Transfer?

So I transferred 3 long guns today. The guy charged $30 for the first and $15 for both others, $60 didnt seem bad.. He then charged me tax. I'm not gonna make a thing out of it or anything, but would there be a tax on the $60 transfer/tranfer fee? Just curious to see if I got robbed or not.

My state is NY btw.
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Old December 26, 2012, 09:32 PM   #2
carguychris
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I assume you're talking about sales tax. This is a matter of state law. Many states consider a transfer to be a nontaxable service, but a few states tax them.

I'm not familiar with NY state law in this regard.
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Old December 27, 2012, 08:35 PM   #3
Doyle
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A quick Google search indicates that NY does indeed have a sales tax on at least some services. Looks like it could be legit.
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Old December 28, 2012, 12:26 PM   #4
Pahoo
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Need more info.

Quote:
So I transferred 3 long guns today.
Just not enough detail on this. Do you mean that you actually bought these guns from an FFL dealer that also has a state tax stamp. If so, then he is paying sales tax is in-line. However, if it was a private sale or he does not have a tax stamp, then he is trying to pull a fast one. ....

I once bought a handgun from a private party and I did have a leagal permit to buy. We settled on a price and then he wanted to tack on the tax that he had paid when he bought it new. No way and he backed off. ...

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Old December 28, 2012, 02:16 PM   #5
GunXpatriot
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Pahoo, I hope you read this, I didn't 100% understand your reply.

I got these 3 guns off gunbroker from 3 different people, all are FFL holders. All out of state. I paid them by credit card for the gun, the shipping and whatever.

They were shipped to this guy, who then charged me the transfers, a total of $60.

He THEN charged me tax on the transfers. Was that legit? Sorry, not sure if I made it any easier to understand, but I hope so!
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Old December 28, 2012, 03:02 PM   #6
Pahoo
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That's what I was looking for !!

Quote:
Pahoo, I hope you read this, I didn't 100% understand your reply.
They were shipped to this guy, who then charged me the transfers, a total of $60.
I did read and now, with your last reply, I understand. Bottom line is that your local dealer, probably took advantage of you. I say this without knowing your state's tax laws and you will have to do your homework on this. ....

Now then, this exact thing happened to a buddy of mine, in "Iowa" . My buddy paid for the item and shipping to his local FFL. The local FFL, had no expenses of his own. The local FFL, charged my buddy $25.00 for the transfer and then proceded to charge tax. .....

I have had simular purchases from GB and manufacturers; all requiring an FFL on my end and paid the tranfer fee but not once, have I had to pay any taxes for as I stated, the only money that was working, was mine.
Your dealer did not sell you anything so how can he tax you?? .....

Check it out and;
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Old December 28, 2012, 03:26 PM   #7
Xfire68
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Did he charge you tax on the total cost of the gun sale or just taxes on the $60 transfer fee?

If it was on the total sale price he took advantage of you. I have a few gun shops in my area that try that crap as well.

I know some states are trying to pass laws so they can tax internet sales but, I don't know which if any have done so yet.
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Old December 28, 2012, 07:09 PM   #8
RickB
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A guy I know ordered a gun, and had it shipped to a local gun store, when he went to pick-up the gun, he was told that it was shipped from a wholesaler, so the gun store was going to add profit - their normal mark-up - on top of the transfer!!!! Caveat emptor.
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Old December 28, 2012, 07:15 PM   #9
leadchucker
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Quote:
A guy I know ordered a gun, and had it shipped to a local gun store, when he went to pick-up the gun, he was told that it was shipped from a wholesaler, so the gun store was going to add profit - their normal mark-up - on top of the transfer!!!! Caveat emptor.
That's happened to me, and that was after he had said he would handle the transfer for a flat $20 fee. Needless to say I'll no longer deal with the guy, and I'll make a serious point to inform anyone else I can about him.
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Old December 28, 2012, 07:37 PM   #10
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It's a taxable event in NY.
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Old December 28, 2012, 08:17 PM   #11
GunXpatriot
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Xfire68, he taxed me on the $60 transfer, all other expenses has already been paid to the sellers of the items.

JimPage, I want to take your word for it, but how do you know?

Last edited by GunXpatriot; December 28, 2012 at 08:35 PM.
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Old December 28, 2012, 08:25 PM   #12
Brian Pfleuger
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I've never been charged tax on a transfer. It's possible that the stated price includes tax, but I've always paid exactly the stated price. Usually $25.
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Old December 28, 2012, 08:58 PM   #13
Hogeman
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I only paid the transfer price, no tax.
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Old December 29, 2012, 12:12 AM   #14
Black_Sheep
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Around here the brick and mortar shops charge state sales tax (MN) but the private party FFL holder that handles transfer paperwork charges a flat fee.
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Old December 29, 2012, 02:39 PM   #15
langenc
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In NY--most likely legal.

They will soon be taxing breathing AND exhalling cause of the CO2.
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Old December 31, 2012, 05:49 PM   #16
buck460XVR
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I've seen it both ways. In brick and mortar stores where they take credit cards or have a cash register, they'll generally add the tax to the fee. FFLs operating outta their home or less formal situations generally include it in the fee. Both have to pay the tax to the state, it's just how they charge it. For many, the extra 5-8% is worth the effort. Similar to sales tax when eating out. Restaurants and other formal eating establishments add the tax while places like concession stands and barkers include the tax in the price to keep making change easier. Regardless of how they charge you, they still must pay the state.
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