Avoiding California Use Tax - aircraft acquisition

PaulMillner

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Jan 14, 2011
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Berkeley, CA
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Paul Millner
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Hello Folks,

I wanted to share a success story. While my Cardinal RG was down for extensive repairs and restoration, a buddy offered to lend me his idle Cardinal RG... only he never had insured it, wasn't a licensed pilot, etc. Long story slightly shorter, they only way I could insure his aircraft was to transfer it to my name and add it to my existing policy as a second aircraft.

I was, though, concerned about paying a 10% California use tax upon transferring the aircraft into my name, and subsequently transferring it back to his name.

I contacted Aero & Marine Tax Professionals (A&MTP) in Sacramento, and they were a delight to deal with. In my first call, the founder of the firm told we exactly how to structure the transaction to avoid use tax... and told me I didn't need to retain them. Only in the 1/100 chance that the notorious California Department of Tax and Fee Administration denied me, and denied my appeal, would I have to retain A&MTP, and he quoted me his fee, and assured me in that eventuality, he would make short work of them.

Note: The CDoTaFA used to be called the BOE, the Board of Equalization, but their reputation was *so* bad, they had to change their name... but not their tactics. I could tell stories.

After months of deliberation, fighting with BOE's website that would NOT allow me to enter the transaction on their form as I'd been advised by A&MTP (I printed out the form, filled it out manually in the manner Tom had directed, and mailed it in instead), and answering a series of accusatory inquiries from staffers at BOE, I finally got my "no tax owed" determination letter.

Thanks Tom Alston for your pro bono help that saved me $10,000 so far!

Paul
Tom Alston card.jpg
 
Sounds like a pita, there’s no transaction or monies exchanged, so did you really save 10k or did you not owe the money to begin with. Overreach by the great state of this bill / form is known to cause cancer.
 
Sounds like a pita, there’s no transaction or monies exchanged, so did you really save 10k or did you not owe the money to begin with. Overreach by the great state of this bill / form is known to cause cancer.
I agree with you, but if everyone in California said that someone gave them a plane, they’d never collect a dime. And how could the state squander billions of dollars if they didn’t collect it from someone?
 
Rich airplane owners and their tax loopholes…sheesh. Someone isn’t thinking of the children.



I’m glad you found someone to steer you through that.
 
Hello Folks,

I wanted to share a success story. While my Cardinal RG was down for extensive repairs and restoration, a buddy offered to lend me his idle Cardinal RG... only he never had insured it, wasn't a licensed pilot, etc. Long story slightly shorter, they only way I could insure his aircraft was to transfer it to my name and add it to my existing policy as a second aircraft.

I was, though, concerned about paying a 10% California use tax upon transferring the aircraft into my name, and subsequently transferring it back to his name.

I contacted Aero & Marine Tax Professionals (A&MTP) in Sacramento, and they were a delight to deal with. In my first call, the founder of the firm told we exactly how to structure the transaction to avoid use tax... and told me I didn't need to retain them. Only in the 1/100 chance that the notorious California Department of Tax and Fee Administration denied me, and denied my appeal, would I have to retain A&MTP, and he quoted me his fee, and assured me in that eventuality, he would make short work of them.

Note: The CDoTaFA used to be called the BOE, the Board of Equalization, but their reputation was *so* bad, they had to change their name... but not their tactics. I could tell stories.

After months of deliberation, fighting with BOE's website that would NOT allow me to enter the transaction on their form as I'd been advised by A&MTP (I printed out the form, filled it out manually in the manner Tom had directed, and mailed it in instead), and answering a series of accusatory inquiries from staffers at BOE, I finally got my "no tax owed" determination letter.

Thanks Tom Alston for your pro bono help that saved me $10,000 so far!

Paul
View attachment 141934
So the BOE changed their name. I went through this with them back during Covid. Bought plane in Florida, home was Washington, I and plane spent 6 months in California on the way. First the County wanted Property Tax. I got that resolved in one contact with them explaining the plane was in transit. Not so easy with BOE. I spent a year going back and forth with them before getting it fixed.
 
Good reason not to use your N number when pumping gas too

Spent on and off a month in CA visiting friends years back, flew the plane in and out, CA tried to charge me as if I was a resident via a letter.


The only sense we could make is they have access to the fuel records and just automatically send out letters to the address in the FAA database.

If they only get a small percentage that’s still good money for a computer script, papers and a stamp.
 
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