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Taxing question on dealer transfers ? The result!

kimberkidkimberkid Member Posts: 8,858 ✭✭✭
edited October 2001 in General Discussion
Well the "Skinny" in the State of Kansas is that you DO have to pay sales tax on a on any "Purchased" firearms transferred to a Kansas dealer ... the states way of thinking is that since you cant legally own the firearm without the transfer, you "in essence" purchased it from the dealer ... regardless if the dealer was involved in the sale or not.When I asked "How does the dealer know what to base the tax on?" At first the gal I was talking to played dumb (or maybe not actually playing) and asked "What do you mean?" so I played along and said "For instance, I buy a shot gun through an internet auction from an individual, send him the payment and he ships the gun to my dealer" Here she interrupted me and said "He can't do that if he's not a dealer" And of course I corrected her and told her only he receiving person or company has to be a dealer. She wanted to argue that point until she finally called FedEx and found I was correct (this didn't set too well with her) So I finally continued, since this person is an individual, there is no receipt for the transaction ... so I restated my original question: "How does the dealer know what to base the tax on?" Her reply was as expected: "All I know is that in Kansas you have to pay the sales tax to the dealer that transfers the weapon." Next I asked her "What about guns purchased at a gunshow from an out of state dealer, that dealer has to collect sales tax ... correct?" She was getting a little peeved by this time and said "Correct." So I asked, "Then I have to pay sales tax AGAIN to the dealer that handles the transfer?" And again her reply was as expected: "All I know is that in Kansas you have to pay sales tax to the dealer that transfers the weapon." When I objected to paying sales tax twice she just said "Well, that's the way it is!" Even though it was obvious she was tired of dealing with me I asked her "Would you pay the sales tax twice?" and she just said; "Why would I want a gun?" ... then she just walked away and left me standing there.
GUN CONTROL: If you're not outraged, you're not paying attention!kimberkid@gunbroker.zzn.com
If you really desire something, you'll find a way ?
? otherwise, you'll find an excuse.
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Comments

  • bartobarto Member Posts: 4,734 ✭✭
    edited November -1
    i AM outraged!!
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  • JudgeColtJudgeColt Member Posts: 1,790 ✭✭✭
    edited November -1
    I think what the tax department worker was really discussing was "use tax." Most states have a "use tax," which is supposed to be paid on any product that is brought into a state on which sales tax has not been paid. If sales tax was paid in another state, the difference, if any, is payable in the receiving state as use tax. (One is credited against the other. If the sales tax exceeds the use tax, there is no refund.)THe question about how the taxable amount is determined also has an answer. The person obligated to pay the use tax makes a sworn statement of the amount of the purchase price. It is a self-assessed tax, like income tax. Making a false statement is usually a felony. Obviously, the use tax is more honored in the breach than the observance, but it is the law in most states.
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