Use taxes in Georgia

[lfabio]

The boatUS website says 60 days, not 90, for registration. The GA state website says 60, but it looks like it was last updated in 1776. Nobody official has been able to give me a straight answer, that is to say, when you call they will say '90' and when told that the website says '60' the answer becomes 'well, then it must be 60'.

I am also unclear on the property tax: is there a time limit on that? I am presently coming up the coast, waiting to leave for the Med in April. To the best of my knowledge <182 days / solar year in each state should mean no property tax liability but I'm reading otherwise in several threads here.

Boat is DE registered and owned.

[sailorboy1]

Originally Posted by skipmac

OK, then that's one exception. Not the case in FL, GA, RI for certain and pretty sure it's the case in MA, CT, SC and would make a small wager on NJ, NC, DE. NY or ME don't know.

If CG documented you don't have to State register in MA.

[rwidman]

Originally Posted by Moody46CC

It almost does not matter where you pay sales tax if you have to register the boat in a state. If state registration is required, state officials will ask to see proof of sales tax and will demand the difference if what you paid is less than theirs or their "use" tax. The only way around this in a few cases is federal documentation. .

That is incorrect. Documentation does not relieve you of sales tax or personal property tax.

To the OP - If you think you can avoid taxes because nobody checks, you will spoon be faced with a tax bill and a fine for trying to evade taxes. Keep your boat somewhere else of follow the law and pay your taxes.

[Phantoms]

Originally Posted by lfabio

The boatUS website says 60 days, not 90, for registration. The GA state website says 60, but it looks like it was last updated in 1776. Nobody official has been able to give me a straight answer, that is to say, when you call they will say '90' and when told that the website says '60' the answer becomes 'well, then it must be 60'.

Frequently Asked Questions (FAQs) | Georgia DNR - Wildlife Resources Division states:
My boat is registered in another state. Can I use it in Georgia?
If a boat is fully registered and valid in another state, the boat may be used in Georgia. However, after 60 days of continuous use in Georgia, the boat must have Georgia registration.



Everything you need on Georgia Boating (regulations, laws, FAQs, etc.) can be found at Boating Regulations | Georgia DNR - Wildlife Resources Division.


-James

[lfabio]

Thank you James. That is indeed the website I was quoting.

But. But, if you go talk to the coast guard people, they say '90' as I said.

And noone is clear on the property tax thing *for a non-resident*.

I thought I was clear but then, as I said, so many differing opinions on the website made me wonder...

[rwidman]

Originally Posted by skipmac

Which is the case in the other east coast states. Registration is required, state title and USCG documentation is not allowed.

USCG documentation is never "not allowed". You may have to register a documented boat with your state or you may not, depending on the state. You may have to pay a yearly registration fee or you may not. You will be taxed the same regardless of whether the boat is documented or registered.

[Phantoms]

Originally Posted by lfabio

Thank you James. That is indeed the website I was quoting.

But. But, if you go talk to the coast guard people, they say '90' as I said.

And noone is clear on the property tax thing *for a non-resident*.

I thought I was clear but then, as I said, so many differing opinions on the website made me wonder...

I think property taxes are handled in January, but I'm not 100% certain. As for the Coast Guard people, they are in a federal agency, not a State one. Georgia Registration is a State Issue.

You can contact Georgia DNR directly if you want an answer. From the website I linked, they have a contact us section in which you can find office addresses and phone numbers for many agencies. Try Find Office Addresses and Phone Numbers | Georgia DNR - Wildlife Resources Division for boat registration for starters.

[lfabio]

That is surprisingly easy and yet I hadn't thought of it - when I go back down I'll start with doing that.

As to the CG being federal and therefore not being clear on federal issues, allow me my little illusions about government employees.

[Phantoms]

Originally Posted by lfabio

As to the CG being federal and therefore not being clear on federal issues, allow me my little illusions about government employees.

Read that again. CG is "not" the agency to go to on "State" issues.

[skipmac]

Originally Posted by rwidman

USCG documentation is never "not allowed". You may have to register a documented boat with your state or you may not, depending on the state. You may have to pay a yearly registration fee or you may not. You will be taxed the same regardless of whether the boat is documented or registered.

Sorry my wording was very badly chosen. What I was trying to say was if your boat is USCG documented you cannot also have a state title on the boat. You can have a state title or USCG documentation but not both.

[lfabio]

Phantoms, I was clear the first time.

What I meant was that I would expect that the Coast Guard people who are stationed in GA would have knowledge of state laws.

This is not the case - and I am somewhat perplexed to note that you don't even expect this to be so.

The concept of 'we operate in GA but since we're Federal employees we do not need to care about local legislation that applies to the items we're supposed to interact with' is particularly distressing, especially since we're talking about a general point of law, not a technicality that requires a law degree. There are countries in which I consider this normal and expected: I did not consider the US to be one of them, but I am being forced to change my mind by a number of experiences.

In any case, I get your point: there is no legal requirement for them to be clear on what is a state law. Of course that must mean that they are not allowed to check if you're complying with it - as long as you have a valid registration, they will be fine. And this indeed seems to be the case.

I will further note that the marina I'm presently at insists that 'nobody has ever had any problems with the putative 60 day limit for as long as we have operated, so you can ignore it'. I was ... not happy with the statement, but this is probably me being myself again.

[skipmac]

Originally Posted by lfabio

What I meant was that I would expect that the Coast Guard people who are stationed in GA would have knowledge of state laws.

This is not the case - and I am somewhat perplexed to note that you don't even expect this to be so.

The concept of 'we operate in GA but since we're Federal employees we do not need to care about local legislation that applies to the items we're supposed to interact with' is particularly distressing, especially since we're talking about a general point of law, not a technicality that requires a law degree. There are countries in which I consider this normal and expected: I did not consider the US to be one of them, but I am being forced to change my mind by a number of experiences.

Sorry lfabio but it is unrealistic and even unfair to expect someone in the USCG to advise you on the laws of GA or any other state.

For one thing, USCG is a bit like being in any other military branch meaning they could be stationed in any part of the US. So the guy you're contacting in GA could have been stationed in Alaska the previous month and Maine the year before that.

Then add the fact that every state has different rules and regulations that are confusing and very often not even understood or explained correctly by the very state employees in charge of enforcing those rules.

Originally Posted by lfabio

In any case, I get your point: there is no legal requirement for them to be clear on what is a state law. Of course that must mean that they are not allowed to check if you're complying with it - as long as you have a valid registration, they will be fine. And this indeed seems to be the case.

I have to say I have never heard any reports of USCG having anything at all to say about state tax or registration or any other state rules unless it is something that might directly conflict with federal regulations.

Originally Posted by lfabio

I will further note that the marina I'm presently at insists that 'nobody has ever had any problems with the putative 60 day limit for as long as we have operated, so you can ignore it'. I was ... not happy with the statement, but this is probably me being myself again.

On this point I will agree. Just because others report they have no problem violating a law and claim it is not enforced and no one really cares does not make me comfortable doing the same. There may be times when one has not practical choice but to do so but this does leave the potential for problems if you happen to encounter that one official who is having a bad day and decides to get tough.

[letsgetsailing3]

Think of it a little differently. The Coast Guard is a Federal organization and is concerned with Federal law.

State law enforcement organizations will be concerned with state laws.

[lfabio]

Thank you for the replies, folks.

I appreciate what you're trying to say, but I am one of those dogged people who maintain that if you're in law enforcement, then you're held to a higher standard. I would regard it as natural that anyone who got transferred from one station to the next would have a period in which they go to class and learn about the laws of their new station - and perhaps get a refresher course on everything else, which would certainly do no harm to many.

Be that as it may, I think I have found a fabled 'third way' which may work: since the law specifically states '60 continuous days' in the state of Georgia, it may be acceptable for me to leave say on day 58, go to Florida for 3 days (that is to say, be able to produce a receipt from a marina proving that I arrived on day 1 and left on day 3, thus insuring that I have spent the entirety of day 2 outside the state) and then come back. This is very obviously against the spirit of the law but it is not, technically, illegal.

The reason for this is that I much prefer the location of this particular marina to the ones further up the coast: it is more protected, the climate is better and it's arguably a better shot to Bermuda when I leave in April.

Does this make sense, in the real world?

[rwidman]

Originally Posted by lfabio

................. Be that as it may, I think I have found a fabled 'third way' which may work: since the law specifically states '60 continuous days' in the state of Georgia, it may be acceptable for me to leave say on day 58, go to Florida for 3 days (that is to say, be able to produce a receipt from a marina proving that I arrived on day 1 and left on day 3, thus insuring that I have spent the entirety of day 2 outside the state) and then come back. This is very obviously against the spirit of the law but it is not, technically, illegal.............

Does this make sense, in the real world?

In the real world, I think this would be classified as "tax evasion" and frowned upon by the state. You may feel its technically legal but you may find otherwise.

If you want to find out for sure, run it by the state's tax assessor. The penalties for tax evasion can be pretty severe.