Forum Discussion

Axle_Gremlin's avatar
Axle_Gremlin
Explorer II
Oct 08, 2025

Sales Tax

Hello, having a weird edge case situation on paying sales tax on new to me TT.

TL;DR Sales tax was charged on a casual sale of used TT from non business living trust to me. Tag office cites non existent laws that all trusts are entities thus all are business/dealers. I plan to appeal to GA DOR and or Tribunal as its ridiculous.

I am in GA. Trailer was sold to me by a living trust that for legal sake did not engage in any business nor held the TT for commercial reasons and it was stipulated on the BOS. The tag office has slapped me with a big sales tax(few thousand as its a quality TT) as trust = entity = dealer. Note this isnt TAVT but specifically  a sales tax on a trailer.

What im struggling with is that you cant just blanket call all trusts a "dealer" and skirt the whole casual sale exemption as for all intents and purposes thats what it was. Georgia law is very clear on its definition of a "dealer/business" and this is not it. I cant find any Georgia law that also blanket cover all "entities or trusts" as dealers. Only thing I see that sales tax only applies if the sale of tangible property was done by an entity engaged in business which this living trust isnt. 

I wanted to post here to see if people ever tried to appeal similar or exact situation because this situation simply ludicrous. If folks are experienced with GA law ill take specific statutes that either support or take apart my case. 

 

 

9 Replies

  • Well, you’re out the $ and the state has it. So not a great chance of getting it back I think. Wish I had better advice. 
    But in general (and in the future for you) if I don’t like how a DMV office is handling or categorizing something (could be them being wrong, could be me being sneaky) I just leave and try another office if I don’t get the answer I like. Even as a govt agency or private business conducting govt transactions, there are differences in what people understand or do for the customers. 
    Hell, a few years ago I didn’t want to pay tax on my new to me snow bike and WA title/reg/tax law was fuzzy around snowbikes as they are a motorcycle with an add on kit for the snow and can be turned back into a bike with some work. 
    I convinced the dmv of a new brand of snow machine which was the brand of the kit and they registered it the way I wanted. First guy to do it. He had to call Olympia and get it put into the system. In front of me. 

    • Axle_Gremlin's avatar
      Axle_Gremlin
      Explorer II

      I kind of have to register it in county im in and it apperared that thats how Georgia system classified the sale. It was pointless to get the clerk to do anything about it as it was automated, and all 4 of them would get uppity when challenged.

      Theres an appeal process with DOR. I found statute Ga. Comp. R. & Regs. R. 560-12-1-.07 - Casual Sale along with some definitions that state this sale was casual so no sales tax regardless what entity it is so im going to file their forms and argue that as BOS verbiage specifically has it written on it that sellers trust is not engaging in business and this sale was one time irregular sale. Again I can also take it to tax tribunal which is is focused on the law and not admin shortcuts tag office wants to use. 

      Yeah moneybis gone, so either Ill get it back or its a 2 thousand dollar lesson not to buy from trusts in GA.

      • Grit_dog's avatar
        Grit_dog
        Navigator II

        Best of luck sir. Sounds like you’re as prepared as you can be to refute it. 

  • Deme's avatar
    Deme
    Explorer II

    You can try Reddit,  maybe someone can give free advise for what its worth. as in FREE!! I do use reddit for all kinds of helps. Some tips have been good some has not, however I know good advise when I hear it. LOL  
    https://www.reddit.com/r/legaladvice/

    • Axle_Gremlin's avatar
      Axle_Gremlin
      Explorer II

      Thanks, yeah, im not here for free lawyers or legal advice but to see if people ran into something similar. Ill try reddit. 

      • Grit_dog's avatar
        Grit_dog
        Navigator II

        We know. All good. 
        But where you’re at right now is the state got your money and you ain’t getting it back. 
        What you gonna do? Go argue the interpretation of RCWs with a $20.31/hr govt employee or their $23.47/hr supervisor?  You’re dealing with menial employees of a state run organization. Only 2 types of people work there  The kind that are too lazy to take a private job that pays more and just don’t want to extend or burden themselves hard enough to think for themselves or analyze anything.  And those who aren’t very ummm smart but are smart enough to know they have job security punching buttons for the govt and it’s really hard to get fired  

        Send an email straight to the junk folder of the Georgia AG?  Hahaha he’s the one that ultimately taxed you.

        pursuant to my example above (except they didn’t already have my money) imo your only/best bet is try to bend the ear of a supervisor at a dmv and be very polite and apologetic and complimentary (especially if a woman and absolutely, if a “larger” woman….seriously).

        Explain that you don’t realize at the time that your purchase was mis-categorized when you registered it.  And that your very sorry for the trouble but that this is a financial strain on you, at a time of loss (you loved great aunt Edna dearly and she loved that RV almost as much).

        Dont start out with the legal eze, just that it was taxed as if it was bought from a dealer (simple words, there are 2 types of transactions, well only 1 in WA you get taxed the same dealer or private) and this was a private sale from dear Edna’s estate and there was a mixup.  Only if you’re not getting anywhere or if you are but the person seems uncertain do you bring the 3 letters into it (rcw). 
        Remember 9 of 10 people you’d ask walking down the street what RCWs are would A. not know the definition of acronym.  And B. Wouldn’t know what it stood for.  You’d get answers like Really Cool Wigs or something.  
        so use that language sparingly and use words like “I looked up the law to make sure I wasn’t mistaken.”  

        That’s how I’d approach it  

         

         

  • Hire an attorney. This forum is not the place to come for legal advice. 

    • Grit_dog's avatar
      Grit_dog
      Navigator II

      Why would you say that after you just asked very specific questions surrounding multiple subjects concerning tax?