I am going to be intentionally vague as I am only looking for feedback from those who have legally gone through this process or have looked into it for themselves. Seems very straightforward as long as your motives are legit (ours are). Any tips or advise?

Buying out of state?Keep it out of CA for 12 months and prove it with documentation for those 12 months....OK

California is intentionally vague in some areas but very specific in others....Excerpt:For purchases or binding purchase contracts entered into prior to October 2, 2004, and on or after July 1, 2007,through September 30, 2008, use tax is generally due if a vehicle or vessel was purchased outside California, andbrought into this state within 90 days of purchase, not including any time of shipment to California, or time ofstorage for shipment to California. Use tax will not apply if the vehicle, or vessel was used, stored, or both used andstored outside of California one-half or more of the time during the six-month period immediately following itsentry into this state.For purchases beginning October 2, 2004, through June 30, 2007, and on or after October 1, 2008, a vehicle orvessel purchased outside of California and brought into California within 12 months from the date of its purchase ispresumed to have been purchased for use in California and subject to tax if that vehicle or vessel is:Purchased by a California resident as defined in section 516 of the California Vehicle Code, orIn the case of a vehicle, subject to California vehicle registration during the first 12 months of ownership, orIn the case of a vessel, subject to property tax in California during the first 12 months of ownership, orUsed or stored in California for more than one-half of the time during the first 12 months of ownership.Effective January 1, 2010, a California resident is defined to include a closely held corporation or limited liabilitycompany if 50 percent or more of the shares or membership interests are held by shareholders or members who areresidents of California as defined in section 516 of the Vehicle Code.In our case, we gave up our California residency prior to buying our coach in Arizona. We then took possession of it in New Mexico and registered it in South Dakota, our resident State. I was retiring in July and we left the State in September so as to California, no use tax was due nor were any registration fees. If you are still a resident of California, the above would only apply if the vehicle was out of the State for 6 months and a day. If taking delivery out of state, it must be taken to the out of state location by the seller or a seller's agent ONLY. You cannot hire someone to take it out of state for you as California will deem you control it and the use tax would apply. I had the Arizona dealer deliver it to me in New Mexico and had a notarized statement from NM so stating.If you decide to keep it out of California there are a bunch of receipts and documentation necessary to prove it did not enter California. They are vague as to what records you will need. One thing they are specific about, though, is those records must be kept for EIGHT YEARS.My answer may or may not clear up whatever it is you're trying to accomplish. That said, I do know that as of 2008 California has a separate task force assigned to assist the CDMV in collecting taxes and such. They investigate many cases looking for slip ups. The C.H.E.A.T.E.R. system also funnels cases through this task force. They quietly investigate Montana LLCs and the like. The rules are there but I would make doggone sure all my I's were dotted and T's crossed. Finally, "motive" honorable or otherwise has nothing to do with it. Follow the rules and you should be ok unless someone in Sac gets a wild hair, slip up and you could be toasted......just sayin.....Dennis

The enforcement probably costs more than what the DMV recovers ... when you count sages, enforcement costs, retirement, medical ... vacation paid.I often wonder why the states that have these kinds of problems don't lower the tax rates, collect all of it, and quit spending money on folks that obey the law (technically obey the law) ... If these states (Such as California, and Mass is another one) would charge a reasonable tax - people wouldn't get so upset it, nor would they spend additional money to abide by laws in other states.MASS for example, charges an annual tax nearly equal to the sales tax (The first year, it then becomes EVERY years after, but declines as vehicle ages)SO, someone that pays sales tax is quickly sent a bill for nearly the same amount ... so, a sales tax of $2500 becomes $5000 overnight - what these states need to do instead is streamline the DMV / RMV so it functions as an agency rather than a police force.

Thanks for the response Executive. We are residents of CA, located out of CA, buying an out of state rig, from an out of state seller, and taking possession out of state. We do not plan on bringing the rig back into state during the next 365 days.The only hiccup now is trying to get an out of state law enforcement official to verify vin on a CA dmv form.

Out of curiosity, how do you plan on driving it around since you won't be registering it for 12 months? Most temp tags only last 30-90 days.

Anyone from CA ever use BOE Pub 52 Rules? | Good Sam Community

falconman
Explorer
Feb 21, 2014
You better follow up and make sure it's been updated or the next notice you might get will be they took your state tax refund. It happened to me yeers ago when the new owner never re registered it.
CA_Traveler
Explorer III
Feb 20, 2014
The CA DMV just sent me a notice indicating that I have not registered the above vehicle since 2007 and a $2000 bill. I sent them a copy of their form submitted in 2007 indicating the vehicle was registered in another state. And the MH was sold 2 years ago. They should know that I was also not a resident of CA at that time.

They sure are prompt with their notices - only a 7 year delay!
CA_Traveler
Explorer III
Feb 20, 2014
I submitted multiple receipts per page with over 100 numbered pages for our 3 month verification. Receipts included MH/car fuel, CGs and groceries. A index showed our locations and page number for the receipts.

After submitting the information they suggested I could pay the use tax and if I qualified I'd get a refund. I declined.
tsetsaf
Explorer III
Feb 20, 2014
CA Traveler wrote:
Well you need to get to the bottom of this for your own satisfaction. But based on my experience this and any other discussion doesn't matter and what does count is the actual submitted final paper trail. I also got good and bad advice on the phone.
Thanks and I agree. I went back and re-read what I submitted and can understand, from the perspective of a bureaucrat, how it could be confusing. So I re-worded the statement and will include highlighted copies of the law straight from their own documentation and FAQ. I will also include an over-abundance of supporting documentation. Will post back when this process runs it course.
CA_Traveler
Explorer III
Feb 20, 2014
Well you need to get to the bottom of this for your own satisfaction. But based on my experience this and any other discussion doesn't matter and what does count is the actual submitted final paper trail. I also got good and bad advice on the phone.
tsetsaf
Explorer III
Feb 20, 2014
exgman wrote:
CA Traveler wrote:
exgman wrote:
You can bring it in state for warranty work. When I had my discussions with the BOE no time limit for getting the work done was mentioned.
Be extremely careful with these type of discussions.

It doesn't matter what they say or tell you. When you submit your request it it evaluated based on the rules and interpretation at that time. Any incorrect information that you may have received will not be considered.

I agree. If you talk to three different people you could get three different answers. If I had decided to pursue this route I would have made sure I found it in the regulations.

Well we are experiencing this now first hand. I have spoken to 3 different people and received three different responses. In our case we qualify perfectly for the exemption and our matching example is even included in their FAQs! Submitted the appropriate document and received a call back from the prototypical government employee (from his voice tenor and speaking style this dude hates his life). The first statement out of his mouth "I don't see how you qualify for this exemption" Oh boy...
tahiti16
Explorer
Feb 08, 2014
This has to be one of the best discussions I have seen on this subject since I joined the board several years ago.

BTW CA also has a snitch line that if you turn someone in with out of state plates and the state collects you get a "finders fee" so the people playing games with LLC's are just one ticked off neighbor away from buying their rig a second time in government fees and penalties.

Doing it right and playing by the rules, what ever they are at that time, and you won't care about the neighbors.
:B
Rollnhome
Explorer
Feb 01, 2014
I personally stayed out of CA. Why stir the pot? There are other shops in other states.
exgman
Explorer
Feb 01, 2014
CA Traveler wrote:
exgman wrote:
You can bring it in state for warranty work. When I had my discussions with the BOE no time limit for getting the work done was mentioned.
Be extremely careful with these type of discussions.

It doesn't matter what they say or tell you. When you submit your request it it evaluated based on the rules and interpretation at that time. Any incorrect information that you may have received will not be considered.

I agree. If you talk to three different people you could get three different answers. If I had decided to pursue this route I would have made sure I found it in the regulations.
tsetsaf
Explorer III
Feb 01, 2014
Thanks everyone!

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