Quote:
Originally Posted by Ruso
Thank you Montanan, My plan.. so far or one of the possible plans..
1. Make private party transaction - get bill of sale - run out of CA collecting all gas receipts as evidence.
2. Register the boat in the AZ (no AZ tax on private party transfer)
3. File USCG, travel to CA and RUN the boat out to Ensenada even hiring shipper to get her out of CA 3 mile line.
I can continue to my work from anywhere as long as I have internet and phone
Waiver is interesting concept.. could you elaborate on it more? I was thinking along this line sending letter to CA tax authorities outlining my plans and asking for reply letter.
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I'm pretty much 100% certain that if the boat is not to be kept in Arizona, you will not be allowed to register it there.
Registration is required in the jurisdiction the boat is located with temporary "visiting" periods of exemption from registering in the state your boat's
water or land it is transiting.
Let's cut to the chase here. So again, WHERE WILL THE BOAT BE KEPT. That situs determines
registration and property taxation.
Reference:
http://http://www.cdtfa.ca.gov/indus...de.htm#Vessels
Okay, so if you are considering
Mexico for your port of choice:
Vessel Purchases in California for Use Outside of California:
You may
not be required to pay California use tax if the only use of the vessel in California is to remove it from the state and it will be used solely thereafter outside this state.
This exclusion only applies to a
purchase that would otherwise be subject to use tax. No use of the vessel, other than to remove it from the state, can be made. This exclusion does not apply to a
purchase from a vessel dealer subject to sales tax.
For example, you purchase a vessel from a person (private party) in San Diego who does not hold a dealer's
license or a California seller's
permit and immediately leave for your
vacation home in Astoria,
Oregon. Along the way, you stop at Marina Del Rey, have dinner, and have a boat decal added. The next day you
fish in the Channel Islands. Later, you stop and visit friends in
San Francisco and take them for a ride on your boat. The exclusion from use tax does not apply because you did not simply remove the boat from the state.
Delays for
emergency repairs made to the vessel must be verified as functionally necessary for the vessel to continue its departure from the state. You must provide supporting
documentation such as
fuel,
repair,
mooring, and/or lodging receipts to verify the property's departure from California, plus documentation showing that the vessel did not return during the applicable test period.
General information:
You must report your purchase of a vessel subject to use tax. In general, use tax applies to purchases of vessels for use in this state when an amount for sales tax is not paid to a California dealer.
This includes purchases from out-of-state sellers, private parties, or California dealers when delivery of the vessel is taken out of state. Unless an exemption or exclusion applies, you must pay use tax on your vessel purchase. How you report your purchase and pay the use tax on your vessel purchase depends on whether the vessel is a "documented vessel" or an "undocumented vessel."
Documented Vessel
The term "documented vessel" means a vessel which is required to be documented with the United States Coast Guard (USCG) and for which the USCG has issued a valid
marine certificate. As a general matter, a vessel is required to be documented with the USCG if:
It will be used in international waters (outside the 3-mile limit); or
The vessel is a
commercial vessel of at least 5 net tons
displacement (typically 28.5' in length).
Pleasure vessels meeting the above size requirement may be documented at the owner's option.
If you owe use tax on your purchase of a documented vessel, you must pay the use tax directly to the California Department of Tax and Fee Administration CDTFA (see heading below, Reporting the Use Tax on Documented Vessels).
Undocumented Vessel
A vessel which is not required to be documented with the USCG, and which does not have a valid
marine certificate issued by the USCG, is an undocumented vessel. Undocumented vessels are generally required to be registered with the DMV. If you owe use tax on your purchase of an undocumented vessel, you generally must pay the use tax to the DMV when you register the vessel (see heading below, Reporting the Use Tax on Purchases of Undocumented Vessels).
Reporting Use Tax on Purchases of Documented Vessels
You must report your purchase of a documented vessel and pay the use tax directly to the CDTFA.
You can report your purchase of a documented vessel and pay the use tax by using the CDTFA's online services and selecting the option to File a Return or Claim an Exemption for a Vehicle, Vessel, Aircraft, or Mobile Home under Limited Access Functions.
Your tax payment is due on or before the last day of:
The month following the month you were contacted by the CDTFA, or
The twelfth month following the month in which you purchased the vessel, whichever period expires first.
Penalty and interest charges will begin to accrue once the due date has passed.
Reporting Use Tax on Purchases of Undocumented Vessels
Generally, the DMV will collect any use tax due on behalf of the CDTFA when you register your undocumented vessel.
You do not need to file a use tax return with the CDTFA if you registered your undocumented vessel with, and paid the use tax directly to, the DMV. However, if you purchased an undocumented vessel without completing registration with DMV, any use tax due on your purchase must be paid directly to the CDTFA. You can report your purchase of an undocumented vessel and pay the use tax by using the CDTFA's online services and selecting the option to File a Return or Claim an Exemption for a Vehicle, Vessel, Aircraft, or Mobile Home under the Limited Access Functions.
Your tax payment is due on or before the last day of the month following the month of purchase.
Penalty and interest charges will begin to accrue once the due date has passed.
Determining the Use Tax Rate
The use tax rate is the same as the sales tax rate and is based upon where you principally moor or berth a documented vessel or the address where you register your undocumented vessel.
For example, if you live in Anaheim, California, but moor your documented vessel in Long Beach, California, you must pay tax at the rate charged in the city of Long Beach.
You can look up the
current tax rate by address on our Find a Sales and Use Tax Rate webpage. You may also find a list of
current and historical rates on our California City & County Sales & Use Tax Rates webpage.
Determining the Amount Subject to Tax
The total purchase
price of your vessel is subject to tax. The total purchase
price includes any type of payment, such as cash, checks, the payment or assumption of a loan or debt, and the fair market value of any property and/or services traded, bartered, or exchanged for the vessel.
For example, if you purchase a vessel for $50,000 and give the seller your current vessel valued at $30,000, and $20,000 in cash, you owe tax on the entire $50,000 purchase price.
Credit for Tax Paid to Another State
If you paid tax to another state when
purchasing your vessel, you may be entitled to claim a credit for the tax previously paid to another state.
For example, if you previously paid $1,500 sales or use tax to another state for the purchase of the vessel, and the California use tax due is $2,000, the balance of the use tax due to California would be $500.
Dealer vs. Broker Purchase
In general, if you purchase your vessel from a dealer who has a California seller's
permit, the dealer is responsible for paying the sales tax to the CDTFA, unless the dealer is acting as a
broker. However, if you purchase your vessel through a broker, the broker may, but is not required to, collect and report the tax to the CDTFA. If the broker does not collect any amount for sales or use tax, you are required to report and pay the use tax to the CDTFA
A broker is a person who arranges transactions between buyers and sellers, and who does not have the
power or authority to transfer title of the vessel to the purchaser. A broker is not considered the retailer, and therefore is not responsible for the payment of tax. If the broker collects and reports the correct amount of tax to the CDTFA, you have no additional liability. However, if the CDTFA determines that an insufficient amount of tax was collected and reported, you will be billed for the additional tax. For example, if the broker incorrectly collects tax based on an 8 percent tax rate when the applicable tax rate was really 9 percent, you will be billed for the additional remaining tax due.
If the broker collects an amount for sales or use tax but fails to report it to the CDTFA, you will be credited for the amount of tax paid to the broker provided you have a receipt from the broker showing the amount of tax paid to the broker.
Claiming an Exemption or Exclusion from the Use Tax
If you claim that your vessel purchase is exempt or nontaxable, you must submit documentation to the CDTFA to support your claim.
You can report your purchase of a documented vessel and claim an exemption or exclusion using the CDTFA's online services and selecting the option to File a Return or Claim an Exemption for a Vehicle, Vessel, Aircraft, or Mobile Home under the Limited Access Functions.
Many tax exemptions and exclusions for vessel purchases have a test period of 6 to 12 months. If the applicable test period has not elapsed before the due date of your use tax payment, we recommend that you submit copies of documentation currently available. You may submit the remaining required documentation after your test period has expired. (See the below exemptions and exclusions for information on what documentation is needed to support your claim.)
The process for claiming an exemption for an undocumented vessel is the same as for a vehicle. Please see our Vehicle section, Claiming an Exemption from the Use Tax, for more information.
Vessel Not Purchased for Use in California
If you purchase your vessel for use outside of California, your purchase may not be subject to use tax.
However, when a vessel purchased outside of California , is first functionally used outside of California, and is brought into California within 12 months from the date of its purchase, it is presumed that the vessel was purchased for use in California and is subject to use tax if any of the following occur:
The vessel is purchased by a California resident.
The vessel is subject to property tax in California during the first 12 months of
ownership.
If purchased by a nonresident of California, the vessel is used or stored in California more than one-half of the time during the first 12 months of
ownership.
If the vessel enters California within the first 12 months of purchase, you may overcome the presumption that the vessel was purchased for use in California by providing the following documentation to support your claim:
A copy of your purchase agreement.
A statement signed by the seller verifying the date and location of the vessel's
delivery out of state.
Documentation showing the location and use of the vessel between the date of
sale and date of delivery, if different.
Evidence of tax paid to another state.
A copy of the
insurance policy which indicates the navigational limits of the vessel.
Slip rental/mooring receipts,
repair invoices,
maintenance receipts, and
fuel receipts from the date of out-of-state delivery and for the next 12 months. These documents should identify the vessel by name or documentation number.
Foreign port of entry documents, if applicable.
Credit card/bank statements supporting the location and use of the vessel from the date of out-of-state delivery and for the next 12 months.
Notes
*Pursuant to Article 3, Section 2 of the California Constitution, California's territorial boundaries extend three nautical miles beyond the outermost islands,
reefs, and rocks of this state and include all waters between those islands and the coast.
Additionally, use tax does not apply to the purchase of a vessel brought into this state within the first 12 months of ownership exclusively for the purposes of repair, retrofit, or modification. Any repair, retrofit, or modification to a vessel must be done by a licensed repair facility. Therefore, the exclusion is inapplicable when a vessel that enters California during the first 12 months of ownership for the purpose of repair, retrofit, or modification performed by any person other than a licensed repair facility.
Notes
**For purposes of this exclusion, a licensed repair facility must hold an appropriate permit issued by the CDTFA and must be licensed to do business by the city, county, or city and county in which it is located if the city, county, or city and county so requires.
Personal Property Tax
In addition to sales or use tax, personal property tax may be due.
Please contact your local county assessor's office for more information
List of county assessor office contacts:
Listing of County Assessors, Auditors and Auditor-Controllers, Clerks of the Board, and Tax Collectors – California State Board of Equalization