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Started By
Message
re: New Louisiana Used Boat Tax question
Posted on 5/24/16 at 11:42 am to mdomingue
Posted on 5/24/16 at 11:42 am to mdomingue
So, I emailed Revenue re: the legislation. Here's what they sent me.
So, the first part seems to indicate that casual sales will be taxed. Then, casual sales are specifically not retail sales under 301. Casual sales are not taxed under 302 or 303. Screw tax law.
quote:
Good morning
Thank you for contacting the Louisiana Department of Revenue. Below is some information from our FAQ section website in regards to registering a boat with the department. Boat Registration FAQ
? Isolated or Casual Sales:
? Taxed at 4% on purchases from April 1, 2016 through June 30, 2016 then taxed at 2% from July 1, 2016 through June 30, 2018.
Louisiana R.S.47:301(10)(c)(ii) excludes casual or isolated sales from the definition of "retail sale", when the property is sold by persons who do not hold themselves out to be dealers of such items.
Person to Person Sales of Boats (includes out-of-state). A boat purchased from a prior owner or someone not in the business of selling boats is a casual or isolated sale.
? The prior owner’s title, certificate of origin, or Wildlife and Fisheries registration certificate must be properly signed over to the new owner with a notarized bill of sale signed by both parties.
? Retail Sales
Taxed at 5%
So, the first part seems to indicate that casual sales will be taxed. Then, casual sales are specifically not retail sales under 301. Casual sales are not taxed under 302 or 303. Screw tax law.
2
Posted on 5/24/16 at 1:48 pm to cdaniel76
Sold a boat recently and the notary informed the new buyer that LA recently started collecting sales tax on used boats. Not sure if they hit him or not but it was news to both of us at the time. She was adamant about it.
Posted on 5/24/16 at 1:58 pm to AlxTgr
quote:
So, the first part seems to indicate that casual sales will be taxed. Then, casual sales are specifically not retail sales under 301. Casual sales are not taxed under 302 or 303. Screw tax law.
Still not an ounce of clarification in their reply...
First it says it's taxed at 4%. Then the very next sentence says isolated or casual sales are jot retail sails when the seller does not present themselves as a dealer.
So we ended up getting a boat but from a Mississippi seller, who was not in the business of selling boats...
Posted on 5/24/16 at 2:32 pm to AlxTgr
So retail is 5% and casual is 4%?
Thanks John Bel
Thanks John Bel
Posted on 5/24/16 at 3:03 pm to tigerfoot
Now you're even supposed to collect tax when you have a garage sale. Yea ok. I'll have one and say someone came and stole everything.
Democrats gonna democrat.
Democrats gonna democrat.
Posted on 5/24/16 at 3:12 pm to LSUchuck
quote:
I'll have one and say someone came and stole everything.
Posted on 5/24/16 at 3:23 pm to AlxTgr
The online statutes and forms that we all have access to do not yet reflect the changes made in the recent special session. (Surprise, surprise it's taking them awhile to actual do some work) LDWF will not issue registration without an R1331. They're doing it because with boats they actually have a way of making you pay up, holding out the registration. With other casual sales, there's no way to actually make you pay. You buy your neighbors lawnmower and no one's gonna collect anything.
Posted on 5/24/16 at 3:32 pm to pt448
quote:Any idea how long it takes Westlaw to get those? Know which number the casual sales will be in?
The online statutes
Posted on 5/24/16 at 3:39 pm to AlxTgr
Unfortunately no. I'm interested to see them as well.
Posted on 5/24/16 at 3:58 pm to pt448
quote:
The online statutes and forms that we all have access to do not yet reflect the changes made in the recent special session. (Surprise, surprise it's taking them awhile to actual do some work) LDWF will not issue registration without an R1331.
The DOR website page pertaining to boat registration is updated. Mid-way down the page there's a link to an updated R1331 form that was amended in 04/16.
The new form also includes a tax rate breakdown table for the next 3 years on the 2nd page.
This post was edited on 5/24/16 at 4:57 pm
Posted on 5/24/16 at 4:12 pm to Barf
sold mine about a month ago, 7250 in cash and I don't think thats what was on the bill of sale.
This post was edited on 5/24/16 at 4:14 pm
Posted on 5/26/16 at 1:05 pm to bayouvette
Anyone seen the June issue of Louisiana Sportsman yet? I got mine in the mail yesterday.
Page 16...
Page 16...
Posted on 5/26/16 at 2:07 pm to bayouvette
I bought a used boat a month ago. The seller was gracious enough to leave the sale amounts blank on the BOS.
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