Old February 23rd, 2021, 02:32 PM #1
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Taxes at time of FFL transfer ?

I have seen varied results on this. some ffl's charge sales taxes on a firearm delivered to them for transfer. What is the law on this ? have a big $$ rifle in the works and not sure if the vendor will tax me and the ffl too. Lots of out of state vendors now collecting tax money. any ffl's you are aware of that do not charge taxes on internet purchases?

thank you.
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Old February 23rd, 2021, 02:36 PM #2
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Quote:
Originally Posted by 10xclean View Post
I have seen varied results on this. some ffl's charge sales taxes on a firearm delivered to them for transfer. What is the law on this ? have a big $$ rifle in the works and not sure if the vendor will tax me and the ffl too. Lots of out of state vendors now collecting tax money. any ffl's you are aware of that do not charge taxes on internet purchases?

thank you.

You need a new FFL if you get charged taxes on a firearm you've... already been taxed on. The dealer should have charged you taxes, as is written in law. I have never heard of being taxed on a firearms that an FFL is transferring from an online dealer. Especially considering that many around here charge $25-$50 for a long gun or handgun trial, collecting an illegal tax on top of that would be insane.
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Old February 23rd, 2021, 02:41 PM #3
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the receiving FFL doesn't even know what you paid for the gun, so on what basis would he even charge/collect tax?
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Old February 23rd, 2021, 02:41 PM #4
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Sales tax is based on a sale. A transfer isn't a sale it's a service.
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Old February 23rd, 2021, 02:50 PM #5
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to add to my point above, for all the receiving ffl knows, your out of state brother is gifting you a gun.
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Old February 23rd, 2021, 04:14 PM #6
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If the vendor hasn’t collected MD sales tax, it’s not the transferring FFL’s job to do so. The end user is supposed to remit use tax to the state.

In WA state, the transferring FFL is actually supposed to collect the tax, but few if any other states do it that way.

https://www.marylandtaxes.gov/busine...-use/index.php

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Every time you purchase taxable tangible goods from businesses outside of Maryland, whether in person, over the phone, or on the Internet, the purchase is subject to Maryland's 6 percent use tax or 9 percent alcoholic beverage tax if you use the merchandise in Maryland.
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Old February 23rd, 2021, 04:20 PM #7
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There are FFL that try to do this. They are pocketing the money. Tell them to complete the transfer or you report them to the MD comptroller. They don't take kindly to people stealing money meant for them.
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Old February 23rd, 2021, 04:20 PM #8
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I've been told by gun stores that do transfers to ask the sender to not send an invoice with the firearm showing the sales price or that the store would be legally obligated to collect sales tax on that amount.
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Old February 23rd, 2021, 04:28 PM #9
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I've never paid sales tax to FFL on a transfer. Someone is being an asshole.
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Old February 23rd, 2021, 04:38 PM #10
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Taxes are supposed to be collected by the seller and remitted to the state. If an in state dealer tries to collect taxes for what you paid, find another dealer. I do believe the pieces of garbage in Annapolis are going to get around to taxing even the transfer fee as part of the service industry taxes they are beginning to impose on everything.
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