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Thread: Idaho sales tax on FFL transfers?

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    Regular Member oldbanger's Avatar
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    Idaho sales tax on FFL transfers?

    Anyone here been charged sales tax on an in Idaho FFL firearm transfer fee?

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    Regular Member BigDeeeeeeee's Avatar
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    I never have.
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    Regular Member solus's Avatar
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    Quote Originally Posted by oldbanger View Post
    Anyone here been charged sales tax on an in Idaho FFL firearm transfer fee?
    is there a specific point of reference you came up with this?

    searched 35.01.02 - Idaho Sales and Use Tax Administrative Rules there was nothing unless someone is skewing the intent and spirit of property transfer?

    provide a bit of context please?

    ipse
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    Regular Member oldbanger's Avatar
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    solus: I was charged 6% sales tax on an in Idaho FFL firearm transfer fee

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    Quote Originally Posted by oldbanger View Post
    solus: I was charged 6% sales tax on an in Idaho FFL firearm transfer fee
    https://adminrules.idaho.gov/rules/current/35/0102.pdf

    Page 16 ... drop shipments appears to be relevant

    If it answers your query post back as so

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    Regular Member OC Freedom's Avatar
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    Quote Originally Posted by oldbanger View Post
    solus: I was charged 6% sales tax on an in Idaho FFL firearm transfer fee
    I have not been charged sales tax on a FFL transfer. My question is what FFL charged you so I can avoid them.

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    Quote Originally Posted by OC Freedom View Post
    I have not been charged sales tax on a FFL transfer. My question is what FFL charged you so I can avoid them.
    Sounds like a gunbroker deal ...

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    Regular Member oldbanger's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    https://adminrules.idaho.gov/rules/current/35/0102.pdf

    Page 16 ... drop shipments appears to be relevant

    If it answers your query post back as so
    ------------------------------------------------------------

    There is no Manufacturer I am buying from a Retailer out of state

    The Customer (me) placed a purchase order with the Retailer
    the Retailer bills the Customer (me) for the product and receives payment

    The Retailer is not required to have an Idaho sellerís permit, (so) the Retailer is under no responsibility
    to collect Idaho sales tax from the Customer

    The FFL is not the Retailer, the FFL is "selling" nothing

    The FFL is not required to charge a fee to transfer a firearm

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by oldbanger View Post
    ------------------------------------------------------------
    --snipped--

    The FFL is not the Retailer, the FFL is "selling" nothing
    IMO, the FFL is "selling" to you.

    He/she must log it into their inventory (take possession/ownership) before transfering it to you.
    You will not rise to the occasion; you will fall back on your level of training.Ē Archilochus, 650 BC

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    Regular Member oldbanger's Avatar
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    Quote Originally Posted by gutshot View Post
    By the way, I don't have a clue to what the law is on sales tax in Idaho
    gutshot: Add to Ignore List

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    Regular Member solus's Avatar
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    Quote Originally Posted by oldbanger View Post
    ------------------------------------------------------------

    There is no Manufacturer I am buying from a Retailer out of state

    The Customer (me) placed a purchase order with the Retailer
    the Retailer bills the Customer (me) for the product and receives payment

    The Retailer is not required to have an Idaho seller’s permit, (so) the Retailer is under no responsibility
    to collect Idaho sales tax from the Customer

    The FFL is not the Retailer, the FFL is "selling" nothing

    The FFL is not required to charge a fee to transfer a firearm
    depends who on the internet you purchased you firearm from, e.g., gun broker collects the whole purchase price before they send the firearm to your approved ffl; gun genie only collects a portion of the advertised cost and the receiving ffl collects and pockets the remainder for their time and effort.

    now forgive me, but you keep saying 'not required to charge' w/o one shred of a cite, or other objective evidence to substantiate that statement...

    ipse

    added...dont like the statement made by member, do not pass go immediately to the ignore button ~ nice touch!

    btw...respond to his query as it germain to a proper understanding of what is truly got you in a tizzy.
    Last edited by solus; 09-25-2016 at 02:17 AM.
    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Quote Originally Posted by oldbanger View Post
    ------------------------------------------------------------

    There is no Manufacturer I am buying from a Retailer out of state

    The Customer (me) placed a purchase order with the Retailer
    the Retailer bills the Customer (me) for the product and receives payment

    The Retailer is not required to have an Idaho sellerís permit, (so) the Retailer is under no responsibility
    to collect Idaho sales tax from the Customer

    The FFL is not the Retailer, the FFL is "selling" nothing

    The FFL is not required to charge a fee to transfer a firearm

    Re-looked .. bottom of pg 15 could be relevant too ... if (for example gunbroker) gunbroker has in its agreement to collect sales tax, then if they only charged you for the transfer ~ you're ahead...not liable for use tax.

    Really, its up to you to provide information (ie all information) needed for the assessment you desire.

    You maybe right, you maybe wrong about the sales tax. You don't provide enough info IMO.

  13. #13
    Regular Member oldbanger's Avatar
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    I asked the FFL:

    "are you required to charge sales tax on FFL transfers in Idaho"?

    They answered:

    "Since its a service it should only be a flat $$$, if it happens again you can mention it at the point of sale and they can make the adjustment.
    Odds are they just didnt know not to charge tax".

    I'm happy, are you all?

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by oldbanger View Post
    gutshot: Add to Ignore List
    Sir, you are a foolish man.

    Back to regular programming. Some states charge a sales tax on goods only and some states charge sales tax on goods and services.

    I wish my sales tax was only 6%......

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    Quote Originally Posted by oldbanger View Post
    I asked the FFL:

    "are you required to charge sales tax on FFL transfers in Idaho"?

    They answered:

    "Since its a service it should only be a flat $$$, if it happens again you can mention it at the point of sale and they can make the adjustment.
    Odds are they just didnt know not to charge tax".

    I'm happy, are you all?
    Looks like you found one who would not charge it. Penny saved is a penny earned !

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    Quote Originally Posted by Grapeshot View Post
    IMO, the FFL is "selling" to you.

    He/she must log it into their inventory (take possession/ownership) before transferring it to you.
    That is not "selling" nor "ownership."

    It's a glorified form of the same thing when the UPS truck shows up with something requiring an adult signature for delivery.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by gutshot View Post

    OH NO!!! Please, please no,no, no not that. I am begging you, don't do it. Now I am humiliated, crestfallen, woebegone, disappointed, dejected and dismayed. Now my words will no longer be see by you. That, sir, is a deep and meaningful loss for me, personally. I had so hoped that you and I could become chums. That close relationship is now impossible. What can I do to make you change your mind? I'd do anything to make that happen.
    Anything??????????

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    Regular Member oldbanger's Avatar
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    Join the GunBroker.com FFL Dealer Network

    Last edited by oldbanger; 09-30-2016 at 09:28 AM.

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    Regular Member solus's Avatar
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    what are you jumping all about...would you get a life...a FEE is not what you were whining about in your first post regarding a 6% sale tax to process your firearm transfer.

    tell ya what, spend 30 minutes dealing, out of the blue, with someone like yourself and see if a fee isn't warranted and just revenue for the FFL's time and patience.

    this is a normal occurance and me thinks you are beating the horse now just for fun and to torment the onlookers.

    ipse
    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by solus View Post
    Originally Posted by oldbanger
    "You may, at your discretion, charge a fee for handling the transfer."

    gunbrokerffl.jpg
    what are you jumping all about...would you get a life...a FEE is not what you were whining about in your first post regarding a 6% sale tax to process your firearm transfer.

    tell ya what, spend 30 minutes dealing, out of the blue, with someone like yourself and see if a fee isn't warranted and just revenue for the FFL's time and patience.

    this is a normal occurance and me thinks you are beating the horse now just for fun and to torment the onlookers.

    ipse
    Isn't it against the rules pointing out someones skulduggery?
    Last edited by color of law; 09-27-2016 at 05:45 PM.

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    Quote Originally Posted by solus View Post
    what are you jumping all about...would you get a life...a FEE is not what you were whining about in your first post regarding a 6% sale tax to process your firearm transfer.

    tell ya what, spend 30 minutes dealing, out of the blue, with someone like yourself and see if a fee isn't warranted and just revenue for the FFL's time and patience.

    this is a normal occurance and me thinks you are beating the horse now just for fun and to torment the onlookers.

    ipse

    I don't see him complaining too much relating to the fee .... just the tax on it. I miss something?

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    Regular Member OC Freedom's Avatar
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    Quote Originally Posted by solus View Post
    what are you jumping all about...would you get a life...a FEE is not what you were whining about in your first post regarding a 6% sale tax to process your firearm transfer.

    tell ya what, spend 30 minutes dealing, out of the blue, with someone like yourself and see if a fee isn't warranted and just revenue for the FFL's time and patience.

    this is a normal occurance and me thinks you are beating the horse now just for fun and to torment the onlookers.

    ipse



    You are such a bully. Why Grape lets you get away with so much bulls**t on this site is unknown too me.

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    Quote Originally Posted by OC Freedom View Post
    You are such a bully. Why Grape lets you get away with so much bulls**t on this site is unknown too me.
    Ignore him. Use the iggy list as I do, it makes me think, primus, do I want to read this poster at all, second, should I respond to trollery? Think twice, be nice.
    Aristotle describes the modes of persuasion in his Rhetoric as Ethos, Logos, Kairos and Pathos. Donít be pathetic or, worse, bathetic! Alexander Pope 1727 Many Painters who could never hit a Nose or an Eye, have with Felicity copied a Small-Pox, or been admirable at a Toad or a Red-Herring. And seldom are we without Genius's for Still Life, which they can work up and stiffen with incredible Accuracy. Peri Bathous vi

    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by OC Freedom View Post
    You are such a bully. Why Grape lets you get away with so much bulls**t on this site is unknown too me.
    Quote Originally Posted by Nightmare View Post
    Ignore him. Use the iggy list as I do, it makes me think, primus, do I want to read this poster at all, second, should I respond to trollery? Think twice, be nice.
    +1 on both counts. Not to mention the complete lack of any attempt at proper English usage.

    Only a single poster, alone, resides on my ignore list. But since the not a savant seems to play the role of my personal troll and does have some gift for raising my ire, ignoring him entirely makes the experience here so much the better.

    All others I can either ignore or converse with with some mutual degree of minimum civility. But for the truly exceptional cases, of which I've found one, the ignore list is a great benefit.

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    Quote Originally Posted by oldbanger View Post
    I asked the FFL:

    "are you required to charge sales tax on FFL transfers in Idaho"?

    They answered:

    "Since its a service it should only be a flat $$$, if it happens again you can mention it at the point of sale and they can make the adjustment.
    Odds are they just didnt know not to charge tax".

    I'm happy, are you all?
    Sounds about right. I can't get any of the Idaho.gov sites to load tonight, but according to this site, sales tax in Idaho does not apply to services except the following:

    The sales tax does not apply to sales of services except for the following:

    -producing property to the special order of the customer
    -producing property for consumers who furnish the materials used
    -food, meals, and drinks for a consideration
    -admission charges and charges to use property or facilities for recreational purposes
    -providing hotel and trailer court accommodations
    -leasing or renting tangible personal property
    -intrastate transportation for hire by air of freight or passengers except as part of a flight by a certified air carrier or an air ambulance service

    FFL transfers for an out-of-State purchase do not seem to fall into any of these categories. So it seems an FFL in Idaho should not be collecting sales tax on the FFL transfer fee.

    However, Idaho does impose a "Use tax" for items purchased from out-of-State retailers for use within the State of Idaho. You get a credit for sales taxes paid in another State. But if the purchase was made tax free, from a retailer, then use tax is due. It appears that sales tax is not generally due if the purchase was from a private (ie non-retailer) seller.

    From the same website I linked above:


    Idaho Imposes a Use Tax on Out-of-State Purchases

    In Idaho, the use tax is imposed on the privilege of storing, using, or consuming within the state tangible personal property that was acquired for storage, use, or other consumption in the state. Use tax applies when property is purchased outside of Idaho or from a retailer not subject to the Commission's jurisdiction and is used, stored, or consumed in Idaho. You will generally be allowed a credit for sales or use tax paid in another state for tangible personal property used in Idaho. The amount of the credit may not exceed the amount of the Idaho tax.

    Responsibility for collecting use tax.
    Persons storing, using, or consuming tangible personal property in Idaho are liable for the use tax, but a retailer engaged in business in Idaho is responsible for collecting the tax from the purchaser.


    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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