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Old 07-05-2014, 10:46   #31
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Re: Anybody fight CA over hailing port/Tax BS?

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Originally Posted by DotDun View Post
It's CA's responsibility to prove the transaction happened within their jurisdiction, not the owner's responsibility to prove it didn't happen in CA. Innocent until proven guilty.
Sounds all nice and logical but is this your opinion or have you actually read the CA law?

In FL it is the buyers responsibility to furnish proof. That is what the law as passed states.

It is not unusual for "Fair" and "Legal" to be two different things.
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Old 07-05-2014, 10:46   #32
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Re: Anybody Fight CA over Hailing Port/Tax BS?

If you had to go through this every year, I could understand the outrage. As it stands, you chose a CA hailing port, it seems pretty reasonable that CA would attempt to get their pound of flesh.
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Old 07-05-2014, 12:06   #33
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Re: Anybody fight CA over hailing port/Tax BS?

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Originally Posted by sailpower View Post
Sounds all nice and logical but is this your opinion or have you actually read the CA law?

In FL it is the buyers responsibility to furnish proof. That is what the law as passed states.

It is not unusual for "Fair" and "Legal" to be two different things.
Tell me how CA law has jurisdiction over residents, personal property, and business transactions in WA? With the information given, the transaction happened outside CA by residents of WA.

If the transaction happened in CA, I would agree they have deserve information.

The owner is using the hailing port of Hollywood, CA for vanity reasons, the vessel is not located in CA, which is a requirement in order for CA to exercise jurisdiction.
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Old 07-05-2014, 12:14   #34
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Re: Anybody fight CA over hailing port/Tax BS?

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Originally Posted by DotDun View Post
Tell me how CA law has jurisdiction over residents, personal property, and business transactions in WA? With the information given, the transaction happened outside CA by residents of WA.

If the transaction happened in CA, I would agree they have deserve information.

The owner is using the hailing port of Hollywood, CA for vanity reasons, the vessel is not located in CA, which is a requirement in order for CA to exercise jurisdiction.
Yeah! We need a hero to take CA to court IN WASHINGTON! If they want to come up and be at the hearing maybe they will think twice about this BS.
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Old 07-05-2014, 12:20   #35
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Re: Anybody fight CA over hailing port/Tax BS?

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Yeah! We need a hero to take CA to court IN WASHINGTON! If they want to come up and be at the hearing maybe they will think twice about this BS.
I agree, someone needs to be a hero and put a check on the state overreach!
Where did the OP go? In a holding cell in Sacramento?
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Old 07-05-2014, 12:20   #36
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Re: Anybody fight CA over hailing port/Tax BS?

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Originally Posted by DotDun View Post
Tell me how CA law has jurisdiction over residents, personal property, and business transactions in WA? With the information given, the transaction happened outside CA by residents of WA.

If the transaction happened in CA, I would agree they have deserve information.

The owner is using the hailing port of Hollywood, CA for vanity reasons, the vessel is not located in CA, which is a requirement in order for CA to exercise jurisdiction.
CA most likely does not have jurisdiction here but they don't know that until the questions are answered.

Personally, I don't see the need to to go to war over this when it appears so easy to clear up. However, if you and others want to fight on principle and your sense of fairness, then go for it. Let us know how it turns out.
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Old 07-05-2014, 12:33   #37
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Re: Anybody fight CA over hailing port/Tax BS?

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Originally Posted by sailpower View Post
CA most likely does not have jurisdiction here but they don't know that until the questions are answered.

Personally, I don't see the need to to go to war over this when it appears so easy to clear up. However, if you and others want to fight on principle and your sense of fairness, then go for it. Let us know how it turns out.
Whew, a voice of logic and sanity.

Here's an edited version of the OP:

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Originally Posted by xymotic View Post
in 2011 I bought ...

... I thought it'd be fun to put 'hollywood' on the hailing port when I registered it with the USCG

just a few months later; I got a letter from CA saying I owed them use tax; I called them and politely explained the situation

The woman was unbelievably nasty and said that I was "required" and "must" and "responsible" to prove that the boat was purchased in WA and not CA

This all rubbed me very much the wrong way and struck me as very "nigerian prince" like; that is when I get a spam from nigeria asking for money; I usually don't go to a lot of effort to explain why they should kiss my butt

So like a year later CA sent me a "proposed Tax Liability" letter that was kind of amazing #1 they " Proposed" $5000 in tax on a $6000 boat
...


Now; OBVIOUSLY I "could" waste a few hours digging up paperwork and mailing them 'proof' but this offends me on principle to have to prove I am innocent to a state I left behind because of exactly this kind of crap so I kinda want to make their lives hell

I think they are WAY past not only their jurisdiction but even their own law on this

THe hailing port is part of the boat name to distinguish boats; to my mind this is no different than them going after anyone that named their boat "California Girl" Bam you owe CA sales tax!

Can they do a lien or garnishment without a hearing? That's my only real worry because I'm right I'm Right I'm Right nanananana!
He ignores it for a year and wonders why? "Waste a few hours? Doesn't he keep a receipt for work done, mooring/dock fees, fuel, electricity bills from where he lives, his WA registration.

He coulda been done with this in the time it took me to type this post.

sheez...

This is not a consitututional issue, it's a tax law issue, like it or not.

Many CA boats go to Mexico and take care of advising their property tax agencies before they leave that they are no longer residents (back to sailorchic's post). Happens all the time.
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Old 07-05-2014, 12:41   #38
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Re: Anybody fight CA over hailing port/Tax BS?

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This is not a consitututional issue, it's a tax law issue, like it or not.
The point is: It's a CA tax law that has no jurisdiction over the OP.
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Old 07-05-2014, 12:53   #39
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Re: Anybody fight CA over hailing port/Tax BS?

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The point is: It's a CA tax law that has no jurisdiction over the OP.

OK. What do you suggest that the OP do at this point?
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Old 07-05-2014, 13:20   #40
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Re: Anybody Fight CA over Hailing Port/Tax BS?

The OP still has two choices. They can spend tons of time and money to fight the fact that CA is asking for something they have no business asking for.

Or they can simply take the time needed to gather necessary paperwork and send it to CA to prove they have no right asking for it.

I don't think anyone here likes the fact that this is the way it works, but the fact is it is the way it works. There's really nothing to fight - the only fight is if they aren't provided with the paperwork to show they aren't owed any money.
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Old 07-05-2014, 13:27   #41
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Re: Anybody fight CA over hailing port/Tax BS?

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The point is: It's a CA tax law that has no jurisdiction over the OP.
Have you read the CA tax law?
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Old 07-05-2014, 13:31   #42
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Re: Anybody fight CA over hailing port/Tax BS?

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Have you read the CA tax law?
No! Why would someone outside CA need to read it.
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Old 07-05-2014, 13:33   #43
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Re: Anybody fight CA over hailing port/Tax BS?

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No! Why would someone outside CA need to read it.
I asked because of your comment:

Originally Posted by DotDun
The point is: It's a CA tax law that has no jurisdiction over the OP.


And also because of the OP.
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Old 07-05-2014, 13:38   #44
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Re: Anybody fight CA over hailing port/Tax BS?

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You could do a lot of things, but interesting that the OP hasn't even answered the basic questions we asked here yet. Boat was in CA at one time. It's quite reasonable for them to ask for evidence it was moved prior to the sale and wasn't purchased brought back to the state. It's not just the hailing port that brought the attention. It's that it was previously in CA and probably being taxed in CA.
Jeeze lighten up I'm not on here 24/7 it's been less than ONE day (do you work for the State of California!?)

THe boat was in California in the FIFTIES; but it's been in WA since at least 1995

I guess I'm more interested in knowing if they have ANY legal right to use the USCG data like they are.

Since there is **NO** federal requirement that hailing port be current; or accurate; or in fact even a real place (I've seen "katmandoo" or "lala Land" listed for example) is there ANY california legislation that actually gives them this authority?

(and how would that apply to a transaction between two Washington residents in Washington?)

Yes; OBVIOUSLY I could waste 30 minutes or an hour of my time and give them what they want. I have ample proof that the boat has been in WA the entire time; but like I said it really does rub me wrong. The only reason they keep getting worse and worse is that they usually get away with it; and frankly once in a while a bully needs to be punched in the face


Also; I have called them twice and AND I sent back a form they sent me asking for an explanation (signed under penalty of perjury BTW) I mean a 30 second google search of the boat would likely find a blog FULL of pictures of the boat that are dated AND geotagged
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Old 07-05-2014, 13:44   #45
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Re: Anybody fight CA over hailing port/Tax BS?

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I asked because of your comment:

Originally Posted by DotDun
The point is: It's a CA tax law that has no jurisdiction over the OP.


And also because of the OP.
It common knowledge that states have no jurisdiction outside their boundaries, especially on non-CA-residents and commerce happening in another state.

And the whole point of my tirade is the USCG NVDC is poor evidence of a vessel's location. This has been the only evidence mentioned in this thread that CA has to go on.
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