Form 3 vs. Form 4

gyvel · March 20, 2010, 06:47 AM

What is the difference between an item on a Form 3 vs. a Form 4?

Willie Lowman · March 20, 2010, 08:45 AM

Form 3 is for tax free dealer to dealer transfer. Form 4 is the $200 tax transfer to an individual.

Crosshair · March 20, 2010, 08:49 AM

I see I was already beaten to the punch as I was writing this.

gyvel · March 21, 2010, 02:53 AM

So, in a hypothetical instance, if an NFA weapon is advertised as being "on a Form 3" (assuming it's not any sort of dealer sample) can it be transferred to an individual if the individual submits the proper paperwork (i.e. Form 4) to ATF?

1911rocks · March 21, 2010, 05:43 AM

Transfer a Form 3 to an individual? Not necessarily a Form 3 is also used when a Foreign made NFA weapon (like a MP5 in select fire, not converted in the US) is transferred from a Dealer to a Dealer, or to a Government Agent (Fed, LEO,etc). This type of NFA weapon cannot be transferred to a Private Individual.

David Hineline · March 21, 2010, 01:28 PM

If a gun is listed on form 3 that means it is in dealer inventory and ready to transfer directs in an individual in the state of the dealer's license or transfer to a dealer tax free in the state of residence of the buyer so that dealer can transfer on form 4 to the buyer.

There are guns that transfer on form 3 only to other dealers but stating such in a for sale post would be silly since all dealer sample guns would transfer on a form 3 and that would be assumed.

If a gun is listed as on a form 4 the downside to that is is selling out of state the transfer tax is doubled. One tax to get it to a dealer one tax to get it to an individual both on form 4.

gyvel · March 22, 2010, 05:28 AM

Quote:

If a gun is listed as on a form 4 the downside to that is is selling out of state the transfer tax is doubled. One tax to get it to a dealer one tax to get it to an individual both on form 4.

So, in this case, if the weapon is owned by an individual and NOT in the inventory of a dealer, the individual must pay $200.00 to transfer it to an SOT3, who, presumably, will sell it to the purchaser who must pay another $200.00?

Joat · March 22, 2010, 08:39 AM

Quote:

... if the weapon is owned by an individual and NOT in the inventory of a dealer, the individual must pay $200.00 to transfer it to an SOT3, who, presumably, will sell it to the purchaser who must pay another $200.00?

If the weapon is transfered in state there is no need for it to be transfered to a SOT3 prior to transferring to the buyer. If the transaction crosses state lines than yes, it would need to be transferred to a SOT3 (tax paid) then transferred to the buyer (tax paid).

joat

March 20, 2010, 06:47 AM	#1
gyvel Senior Member Join Date: August 30, 2009 Location: Northern AZ Posts: 7,172	Form 3 vs. Form 4 What is the difference between an item on a Form 3 vs. a Form 4?

March 20, 2010, 08:45 AM	#2
Willie Lowman Senior Member Join Date: March 5, 2009 Location: Uh-Hi-O Posts: 3,006	Form 3 is for tax free dealer to dealer transfer. Form 4 is the $200 tax transfer to an individual. __________________ "9mm has a very long history of being a pointy little bullet moving quickly" --Sevens

March 20, 2010, 08:49 AM	#3
Crosshair Senior Member Join Date: December 16, 2004 Location: Grand Forks, ND Posts: 5,333	I see I was already beaten to the punch as I was writing this. __________________ I don't carry a gun to go looking for trouble, I carry a gun in case trouble finds me.

March 21, 2010, 05:43 AM	#5
1911rocks Senior Member Join Date: September 9, 2006 Posts: 424	Form 3 items Transfer a Form 3 to an individual? Not necessarily a Form 3 is also used when a Foreign made NFA weapon (like a MP5 in select fire, not converted in the US) is transferred from a Dealer to a Dealer, or to a Government Agent (Fed, LEO,etc). This type of NFA weapon cannot be transferred to a Private Individual.

March 21, 2010, 02:53 AM	#4
gyvel Senior Member Join Date: August 30, 2009 Location: Northern AZ Posts: 7,172	So, in a hypothetical instance, if an NFA weapon is advertised as being "on a Form 3" (assuming it's not any sort of dealer sample) can it be transferred to an individual if the individual submits the proper paperwork (i.e. Form 4) to ATF?

March 21, 2010, 01:28 PM	#6
David Hineline Senior Member Join Date: December 23, 1999 Location: South Sioux City, Nebraska Posts: 704	If a gun is listed on form 3 that means it is in dealer inventory and ready to transfer directs in an individual in the state of the dealer's license or transfer to a dealer tax free in the state of residence of the buyer so that dealer can transfer on form 4 to the buyer. There are guns that transfer on form 3 only to other dealers but stating such in a for sale post would be silly since all dealer sample guns would transfer on a form 3 and that would be assumed. If a gun is listed as on a form 4 the downside to that is is selling out of state the transfer tax is doubled. One tax to get it to a dealer one tax to get it to an individual both on form 4.