CA Dept. of Tax and Fee

Discussion in 'Flight Following' started by GMascelli, May 17, 2019 at 9:25 AM.

  1. GMascelli

    GMascelli En-Route

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    I received a strange request....

    The California department of tax and fee administration selected my "former" aircraft for the verification process authorized by section 7054 of the sales and use tax law. They are requesting the date of sale, price, and buyer info.

    Do I have to submit this? It's been a year since the sale, and what is my obligation to their process....it's always something.
     
  2. kayoh190

    kayoh190 En-Route PoA Supporter

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    Man if this thread doesn't drag @James331 out of the woodwork, we really need to consider sending someone out to make sure he's okay. ;)


    (sorry Gary, I'm sure someone will have a real answer for you soon)
     
  3. Ventucky Red

    Ventucky Red Line Up and Wait

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    Had a similar thing a few years back with an RV and I just tossed it in the trash and that was it... and I am a California resident..
     
  4. luvflyin

    luvflyin Final Approach

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    Looks like they have the authority to do it. What happens if you refuse I dunno, but I’m sure that’s covered somewhere in another Title, Chapter, Article and Section of California Law. Why do you think it’s a strange request?
     
  5. luvflyin

    luvflyin Final Approach

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    Do you remember if it was the Department of Tax and Fee Administration? Never heard of them before. I went through this a few years ago also but it was from the Board of Equalization.
     
  6. luvflyin

    luvflyin Final Approach

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    They may just be collecting information for research. This Department is the new kid on the block, created just a couple years ago.
     
  7. Jeff Oslick

    Jeff Oslick En-Route

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    They changed the name last year.
     
  8. GMascelli

    GMascelli En-Route

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    Yes, The California Department of Tax and Fee administration.
     
  9. luvflyin

    luvflyin Final Approach

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    I had asked that question to @Ventucky Red. He had got something like that a few years ago and I was trying to find out if this Department was even around back then. They weren’t. Just noticed you’re in Maryland. Your buyer must be in California. They are probably just checking to see if that buyer is lying to them about his purchase price.
     
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  10. Sam D

    Sam D Cleared for Takeoff

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    Try letting them know you can respond but have a $100 processing fee. It will take up to 90 days. Or they can pay an extra $250 for expedited service.
     
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  11. GMascelli

    GMascelli En-Route

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    :yeahthat:

    Sam D, for the win !!

    I’m still laughing, best idea yet.:D
     
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  12. luvflyin

    luvflyin Final Approach

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    Or, I'll need a Subpoena for that. Or as this guy calls them, Supeenies
     
    Last edited: May 17, 2019 at 11:34 AM
  13. luvflyin

    luvflyin Final Approach

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    Ah, just a name change. I was thinking it was like a new thing that was above both Equalization and the FTB to handle the 'administration' of their stuff.
     
  14. IK04

    IK04 Line Up and Wait

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    When I was in the Army and lived in Texas, I still had my California address on my Pilot Certificate. When I bought an airplane, I got a letter from the Kalifornistan department of Confiscation requiring me to verify my address and to state where my aircraft was parked. They needed to know which county the aircraft was parked in, so they could send me a bill for $850+ for some made up tax.

    There was no interwebs back then, so I had to write and call to tell them I lived in Texas and it was all settled after another year of correspondence...
     
  15. luvflyin

    luvflyin Final Approach

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    About a year or so of being on the phone and a lot of printing and mailing expenses is what it took me. I had to go through it with both California and Washington. California got all exited that my airplane was in their State and hadn't been paying Taxes. Had to do it with both the Property Tax folk and the Sales Tax folk. Property was first and I got that one done with a letter of explanation. Had do it again the next year also. The Board of Equalization got a hold of me about a year later and wanted Use Tax on the purchase. They went anal and I had to provide proof of the exact dates the plane entered California and the exact date it left. I hadn't anticipated this so I didn't have that stuff ready to go. I'd a been screwed if the FBO at KMFR wasn't able to send me a copy the receipts for my overnight there and gas purchase. I was right at the 180 day cut off point. If I hadn't pressed on past KRBL that afternoon, which I was considering because of the winds in the pass by Mt Shasta and spent the night there, It would have been 180 days in California and I would have owed. Washington got excited because I was a resident and owned an airplane and I hadn't paid Use tax on the purchase. That one just took a sit down with them, showing my Hangar receipts in Oregon and my Oregon Aircraft Registration.
     
  16. Dean V

    Dean V Pre-takeoff checklist

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    I wonder how they would respond if you simply replied you did not maintain a record of the sales price.
     
  17. Bell206

    Bell206 Cleared for Takeoff

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    Had a client go through something similar. He sent a simple reply that he longer had the information requested and to contact the FAA aircraft registration office in Oak City for any details.
     
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  18. Dana

    Dana Line Up and Wait

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    Which, if it was done like most owners do it, will show a sales price of "$1 & ovc".
     
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  19. John221us

    John221us En-Route

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  20. Pilawt

    Pilawt Final Approach PoA Supporter

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    Hm. "California Department of Tax and Fee Administration" ... appropriate that they name it after the state's two biggest industries.
     
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  21. Ventucky Red

    Ventucky Red Line Up and Wait

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    I think it was from the Board of Equalization.. I remember my wife gave me a hard time because I didn't do the Release of Liability on the DMV website which asks for a selling price.. I just took the cash, signed the title, canceled the storage space, watched it drive off, and washed the damn thing out of my hair.

    Edit.. just checked with the wife, the request came from the DMV... all the more reason for it to filed under useless CA government krap
     
    Last edited: May 17, 2019 at 8:11 PM
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  22. sourdough44

    sourdough44 Cleared for Takeoff

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    https://www.ca.gov/agencysearch/

    CA has so many State agencies, it boggles the mind. Truth be known, other States have plenty of Gov’t employees too. Of course we need most, look through the list, plenty could be cut. It’s not like CA is awash in $$$.
     
  23. Jumpmaster

    Jumpmaster Pre-takeoff checklist

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    For a more serious answer (although I did like some of the responses above) where did the transaction take place? If outside of California, and you are not a California resident, then you probably can just ignore it. If there is any sales tax due on the transaction, it’s the buyer’s responsibility to pay the tax unless you are considered a “dealer” and most casual sellers are not considered “dealers” in most states. Some, if not most states have reporting requirements for sales of titled vehicles by the sellers. However, airplanes don’t have titles and in any event, registration is by federal law. Wouldn’t surprise me though if some state somewhere has a requirement to report the sale of federally registered or documented vehicles such as airplanes and boats. I imagine Florida must be one given all of the federally documented boats in that state.
     
  24. luvflyin

    luvflyin Final Approach

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    Gotta love the Acupuncture Board. The Bureau of Sticking to You
     
  25. GMascelli

    GMascelli En-Route

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    Actually, the transaction took place in Delaware. The new owner flew the plane home to California from Maryland.
     
  26. jaxcessnadriver

    jaxcessnadriver Filing Flight Plan

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    Sounds like you can throw it in the garbage then. Buyers responsibility for where it will be used and taxed.
     
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  27. kyleb

    kyleb En-Route PoA Supporter

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    This. You are not subject to California laws, tax or otherwise, unless you're in California.
     
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  28. Ventucky Red

    Ventucky Red Line Up and Wait

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    California is probably looking for the proper assessment for the property tax.
     
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  29. bflynn

    bflynn En-Route

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    Which you are under no obligation to assist with.
     
  30. 1RTK1

    1RTK1 Cleared for Takeoff

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    You want to hear a good komnifornia story.

    I have a friend that I went to school with. He had kept his license (medical field) active in the state of kalifornia since graduation and passing the boards.

    He had NOT lived in komnifornia for the last 20 years.
    One day he tries to use his credit card and it is declined. Hmmm that’s funny, he then goes to his bank and tries to draw out some cash. They tell him his accounts are frozen, not only that but he finds out his IRA and stock accounts are frozen too.

    He Learns this has been done by the state of komnifornia stating he hasn’t payed taxes for years. He replies that he hasn’t lived in komnifornia for 20 years.
    They want him to prove he has lived elsewhere and are requesting 10 YEARS of back taxes be Faxed to the state. It took over two weeks to straighten this matter out for him.
     
  31. BillTIZ

    BillTIZ Final Approach

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    Many years ago, Nevada club sold a Scout to a Calif buyer. Transaction occurred in Nevada. Some time later a similar letter was received and ignored. Never heard anything else.

    Private sales of used vehicles are not subject to sales tax in NV.
     
  32. Sundancer

    Sundancer En-Route

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    If it came first class mail, toss it out. You didn't get it if you didn't sign for it. Post office is the sender's agent. . .I have seen mortgage documents and contracts that call out contact by first class mail is OK. I'd have that modified before agreeing, though. . .
     
  33. Ted DuPuis

    Ted DuPuis Administrator Management Council Member

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    I would throw it in the trash. You have no obligation to tell California anything.

    Anyone can ask for anything. That doesn’t mean you have to answer.
     
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  34. Fiveslide

    Fiveslide Pre-Flight

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    I drove to San Diego about thirteen years ago, surprised I haven't been taxed for that yet.
     
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  35. Palmpilot

    Palmpilot Touchdown! Greaser!

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    Were any of the frozen accounts in institutions that were located in California?
     
  36. 1RTK1

    1RTK1 Cleared for Takeoff

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    Not specifically, BofA, Schwab, and a local bank according to him.
    Funny they can find just about everything concerning him except for the fact he doesn’t live or work there....
     
  37. Jamie Kirk

    Jamie Kirk Pre-takeoff checklist

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    Ignore it. Don’t let CA screw over the new owner.
     
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  38. Palmpilot

    Palmpilot Touchdown! Greaser!

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    B of A and Schwab at least have offices in California. I'm surprised that a state would have the authority to unilaterally freeze an account at an institution with no in-state presence.
     
  39. 1RTK1

    1RTK1 Cleared for Takeoff

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    The one thing I do know, he was pi$$ed beyond belief. Guilty until proven innocent
     
  40. bbchien

    bbchien Touchdown! Greaser!

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    Worse in Illinois. Here you have to pay the assessment b4 you can contest it in the courts