Forum Discussion

Kevin_Landrus's avatar
Sep 15, 2014

Purchased-Delivered out of state not for use in California

Sharing what I have learned, regarding a California Resident taking sales/delivery of RV outside California. As too how it affects "Use Tax".

www.boe.ca.gov/pdf/pub52.pdf


Purchased or delivered out-of-state—not intended for use in California
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, and brought into this state within 90 days of purchase, not including any time of shipment to California, or time of storage for shipment to California. Use tax will not apply if the vehicle, or vessel was used, stored, or both used and stored outside of California one-half or more of the time during the six-month period immediately following its entry into this state.
For purchases beginning October 2, 2004, through June 30, 2007, and on or after October 1, 2008, a vehicle or vessel purchased outside of California and brought into California within 12 months from the date of its purchase is presumed 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 Code1, or
? In the case of a vehicle, subject to California vehicle registration during the first 12 months of ownership, or
? In the case of a vessel, subject to property tax in California during the first 12 months of ownership, or
? Used 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 liability company if 50 percent or more of the shares or membership interests are held by shareholders or members who are residents of California as defined in section 516 of the Vehicle Code.
Note: Please see the Frequently Asked Questions—Use Tax on Purchases of Vehicles, Vessels and Aircraft page on our website at www.boe.ca.gov/sutax/faqtrans.htm.
  • So, if a California resident (as defined in the rule), makes a purchase of a taxable item (as defined in the rule), outside the State of California, and does not bring it into the state for 12 months, and can verify that it has not been in the state for 12 months, he can bring it home and register it in California after that 12 month period without paying the tax.
    Is that correct?
  • That is true. As you've always said, you must be able to prove it's been out of state for the 12 months. The state BOE has a book of rules that you must follow to the letter.
  • Jon, I think that in eliminating all the confusing legal speak and just figuring out the meaning of the tax code, "Yes". There are or were several caveats, one being the vehicle or vessel cannot be purchased, put in storage and left unused for at least 365 days and then brought into CA without paying the use tax. Many if not all adjusters require proof of use, i.e., fuel receipts, campground receipts etc.

    The tax code has been carefully crafted to confuse and deter the average buyer from evading the use tax. Very wealthy can however buy a boat in lets say Mexico and keep it there for a year and use it (or not) for a year and then bring it to CA. The provisions, however, do deter RV buyers from doing the same unless they are fulltiming.

    I usually don't add disclaimers, but this time I feel the need to say I am not a professional or experienced tax consultant.
  • mowermech wrote:
    So, if a California resident (as defined in the rule), makes a purchase of a taxable item (as defined in the rule), outside the State of California, and does not bring it into the state for 12 months, and can verify that it has not been in the state for 12 months, he can bring it home and register it in California after that 12 month period without paying the tax.
    Is that correct?
    :C

    The OP has had an "epiphany" late in life, LOL..:W

    "mowermech" - The answer is - *YES* !!

    CA "bashers" note:
    Nice legal "perk" for a State with 8-9% sales tax!
    (Especially for high/mega dollar MH buyers!)

    Been that way for years..:S - it used to be 90 days..;)

    Search the archives for "90 Day Rule" - threads dating to 2002, and working their way forward with the various "modifications".

    RVs, Aircraft, Boats.

    The CA resident will be expected to show (prove) the RV has been *used* out of the state ( -not merely stored somewhere- ) by receipts, etc. to the State Board of Equalization (Franchise Tax Board).

    Easy for retired folks - but a bit more difficult for folks still working (unless you can take your "work" on the road with you).

    At one time, after the "one year" replaced the "90 day" - the owner could bring the RV back to a CA dealer for "pre-scheduled" repairs or maintenance - for a period of up to 2 weeks.
    Don't know if that one is still in effect - or was phased out.

    BTW - when my neighbor took his receipts to the BOE, the nice lady complimented him, saying: "That's the most comprehensive documentation I've ever seen!"

    This was when 90 days was still in effect. - She also asked if he had registered it in any other state.
    Ans = No. (No problem - take your paperwork to the DMV)

    Sooo - (2005) he paid less for his new $85K gas-burner MH *registration* than I did for my new $40K 1T pickup registration.
    (No choice - pickups are "commercial" with load cap fee)

    AND - I paid about $3K in state sales tax - he paid zero.
    I knew that in advance - - It is what it is.


    ~
  • Bought 2 motorhomes in CA and took out of state delivery. No problems if you follow BOE PUB52 and keep excellent documentation
  • I bought a luxury car in Marin County and had to apply for a duplicate title. The car was shipped directly out of the state by an auto carrier, and I never was there.

    The State wanted their 9.25% sales tax before the title would be issued. I even furnished copies of the state laws on motor vehicles, vessels and aircraft saying out of state purchases were non-taxable.

    I finally petitioned the Board of Equalization and found a nice state employee that handled the deal for me.

    I know that home is home, but I have no idea why anyone would live under such regulations, extra high sales taxes and ridiculous state income taxes. It's bad enough houses cost 5 times a normal price and property taxes are out of sight. No wonder so many Los Angeles citizens are running Oregon license plates using their relatives' addresses.
  • I am going thru this now and it is a pia. DMV will not register the trailer because their computer can not accept a future date. Purchased in March and still no title or plates. Have not been cited yet but when it does I will have damages and can/will seek civil recovery. The advise I received on this forum early on was invaluable... get everything in writing and only follow what is in writing. When speaking with the dmv you will get all sorts of wild answers. BOE is okay to deal with but not the DMV.

About RV Tips & Tricks

Looking for advice before your next adventure? Look no further.25,102 PostsLatest Activity: Jan 18, 2025