OT: Tax resident of NY, bought car in Oregon to be store in Oregon
#31
SJW, a Carin' kinda guy
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#32
Wow...so much misinformation
Every state has a department of revenue which, depending on the state, oversees the DMV of that state. You want to find out the rules on what it takes to register a car in Oregon while living in another state? Go to the Oregon's department of revenue website. Once you have read and UNDERSTOOD the 50+ pages, then go to the Oregon's DMV website and read what determines residency, what determine what it takes to have a drivers license, what it takes to register a vehicle. Once you have done that, now go to your OTHER state of residence and do the exact same procedures you just did in Oregon.
Then, ensure that there are no overlapping or contradictory rules between the 2 states (which happens in 99% of situations because STATES LIKE MONEY). Then take a gamble on which set of rules you want to apply. Then, presuming you are wealthy enough to hire a CPA as you own 2 homes and a Porsche, GO TALK TO YOUR CPA.
And, if you think this is complicated, you can turn to each of those 2 states tax rules on recognizing income and where it is "earned".
I can't believe there are this many people on this forum who "wing it" when it comes to complex tax law or maybe they just don't give a F.
Every state has a department of revenue which, depending on the state, oversees the DMV of that state. You want to find out the rules on what it takes to register a car in Oregon while living in another state? Go to the Oregon's department of revenue website. Once you have read and UNDERSTOOD the 50+ pages, then go to the Oregon's DMV website and read what determines residency, what determine what it takes to have a drivers license, what it takes to register a vehicle. Once you have done that, now go to your OTHER state of residence and do the exact same procedures you just did in Oregon.
Then, ensure that there are no overlapping or contradictory rules between the 2 states (which happens in 99% of situations because STATES LIKE MONEY). Then take a gamble on which set of rules you want to apply. Then, presuming you are wealthy enough to hire a CPA as you own 2 homes and a Porsche, GO TALK TO YOUR CPA.
And, if you think this is complicated, you can turn to each of those 2 states tax rules on recognizing income and where it is "earned".
I can't believe there are this many people on this forum who "wing it" when it comes to complex tax law or maybe they just don't give a F.
#33
#34
True. If you own the car, and are a resident in the state, you have to register the car in that state within a certain time period. (usually within 30 days). This is true unless you are military or you don't actually own the car (i.e. on the title). But this is rarely enforced. I have lived in Louisiana for almost 2 years now and both of my Porsches still have Delaware plates. No one has bothered me and I have been pulled over once for speeding with Delaware tags, registration and with a Louisiana driver's license. The cop asked me and I just told him I have property in multiple states.
LOL. Nope. I've done a significant amount of research on this. Louisiana (where I live) Supreme court already ruled on the Montana LLC tax work around. It's legal until the state passes a law specifically forbidding it which would be impossible to enforce anyway, "pierce" the entire purpose of an LLC, and prevent anybody from driving a car with out of state plates in Louisiana. But to be absolutely safe, the name of my LLC is Montana Porsche Rentals. I will have a legal rental contract agreement between me and my LLC and monthly transactions to document the rental if challenged in a court which will never happen. I even got an EIN for my LLC for free in about 5 minutes online.
Bottom line is that the LLC will actually own the cars and I am just renting them. (of course I own the LLC). No sales tax, no annual inspection. It will save me $30k on my two cars. More cars to come I am sure.
LOL. Nope. I've done a significant amount of research on this. Louisiana (where I live) Supreme court already ruled on the Montana LLC tax work around. It's legal until the state passes a law specifically forbidding it which would be impossible to enforce anyway, "pierce" the entire purpose of an LLC, and prevent anybody from driving a car with out of state plates in Louisiana. But to be absolutely safe, the name of my LLC is Montana Porsche Rentals. I will have a legal rental contract agreement between me and my LLC and monthly transactions to document the rental if challenged in a court which will never happen. I even got an EIN for my LLC for free in about 5 minutes online.
Bottom line is that the LLC will actually own the cars and I am just renting them. (of course I own the LLC). No sales tax, no annual inspection. It will save me $30k on my two cars. More cars to come I am sure.
#35
Legally Maverick is correct. Wherever you have as your permanent residence is where you pay and license your vehicle. Having said that plenty find the loopholes and illegal way of doing things. I guess it really depends on your comfort level for getting caught and what the ramifications are if you do. Plenty have Montana LCs and they have never even been to the state much less run a business. You can read plenty of those folks finally getting their time in the spotlight.
#36
Legally Maverick is correct. Wherever you have as your permanent residence is where you pay and license your vehicle. Having said that plenty find the loopholes and illegal way of doing things. I guess it really depends on your comfort level for getting caught and what the ramifications are if you do. Plenty have Montana LCs and they have never even been to the state much less run a business. You can read plenty of those folks finally getting their time in the spotlight.
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evilfij (02-10-2020)
#38
#39
Share why not I’ve done it for 10 years working in Manhattan, and a city apartment/GA resident. If I buy a car in NY it’s titled and GA plated with GA taxes. I can drive in Manhattan with my GA licenses where all my cars are insured because that’s my permanent residency. All my state audits have passed 100% ......not scamming any state playing by the rules of both states I choose the cheaper to reside.
#40
#41
End of the day, you just need to understand the risks and the pain, legal, and accounting fees it will be to untangle if it gets challenged.
15k in taxes on a car might cover the retainer, audits, etc.
15k in taxes on a car might cover the retainer, audits, etc.
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AlexCeres (02-08-2020)
#42
Bottom line is that the LLC will actually own the cars and I am just renting them. (of course I own the LLC).
Are you the only client? If this is a for profit LLC, I would be careful to allow the LLC to make some profit on the deal and flow that back to yourself via ordinary income. Three out of five years need to be profitable as far as I know. If not the IRS will look at the deductions and claim that this is a not for profit Corp, consider this activity a “hobby” through at lease 2025 under TCJA and deny the deductions.
#43
lives in OR and buys car there and stores in NY all legal. The key is residency and your drivers licenses. I use a GA license vs NY, and use to keep a car in NY with GA plates. I get pulled over I show my GA license with my GA address no issues. Also GA will let my bypass smog check in GA as the car is in NY for work. Never a problem.
now if in NY for 6 months plus one day you have a problem because you’re now a legal NY residents. I’ve had this fight twice with NY and won both times as it’s legit. 51% of people win residency in NY, and they will audit the crap out of you. Not worth it if you’re cheating.
now if in NY for 6 months plus one day you have a problem because you’re now a legal NY residents. I’ve had this fight twice with NY and won both times as it’s legit. 51% of people win residency in NY, and they will audit the crap out of you. Not worth it if you’re cheating.
#44
Share why not I’ve done it for 10 years working in Manhattan, and a city apartment/GA resident. If I buy a car in NY it’s titled and GA plated with GA taxes. I can drive in Manhattan with my GA licenses where all my cars are insured because that’s my permanent residency. All my state audits have passed 100% ......not scamming any state playing by the rules of both states I choose the cheaper to reside.
#45
Mav- I think you are mixing income tax rules with motor vehicle registration rules. My only point is that legal residency doesn't dictate where a vehicle gets registered. If the car in question is primarily in Manhattan, the NY DMV will tell you they should be registered in NY. The DMV is simply unable to enforce the rules as they apply to myriad different factual situations. I'm sure I would take the exact same approach as you if I was in a similar situation. I'm all for saving taxes. Other more blatant registration tax avoidance schemes carry far more risk. How much risk one is willing to take is a personal business decision.