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re: Sales tax now levied on private boat sales

Posted on 5/13/16 at 12:28 pm to
Posted by pt448
LA
Member since Nov 2013
502 posts
Posted on 5/13/16 at 12:28 pm to
I would question them if the boat does have LA registration and is purchased from a private party and not a dealer. I just checked out the updated paperwork for registration from LDWF and form 1331. Both indicate that a 1331 is only required if the boat is new (in which cases tax stuff should be handled by the dealer/builder), bought from a dealer (again, dealer should take care of tax stuff), or brought in from out of state. I've never dealt with LDWF in person. I've always registered my boats through the mail, but if the boat you buy from a private party has LA registration, all you have to do is transfer the registration. A 1331 shouldn't be required to transfer an existing LA registration.

quote:

Transfer: A current Louisiana registration number must be on all applications for transfer of ownership. In addition to the application , an ORIGINAL notarized bill of sale that includes the registration number, hull identification number, make and model year of the boat, signature of seller and purchaser must be submitted. If the boat is titled, the title must be surrendered. If the owner of the boat is deceased, the application must be accompanied by the Judgment of Possession awarding the boat to Heir(s). If there is no succession, the affidavit for transfer of decedent’s boat with a copy of the death certificate must be submitted. If the boat is sold by the heir(s), an original notarized bill of sale from the Heir(s) is required.
This post was edited on 5/13/16 at 12:30 pm
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 5/13/16 at 12:50 pm to
Give them a call and ask but they were very specific about all transfers needing proof of sales tax. I'm not exactly holding the employees to the highest standard so maybe they are wrong.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 5/13/16 at 1:06 pm to
quote:

If your boat is large enough you can register with the Coast Guard. LINK


quote:

All United States Coast Guard Documented boats used recreationally in Louisiana waters must also be registered. Application must be
accompanied by a completed tax payment certification form (R-1331) from La. Dept. of Revenue and a copy of the US Coast Guard
Documentation in the applicants name.





Posted by wickowick
Head of Island
Member since Dec 2006
45809 posts
Posted on 5/13/16 at 1:12 pm to
Well shite, it must have changed. I know my neighbor went this route about 10 years ago and LDWF was pissed, but he never had any problems
Posted by pt448
LA
Member since Nov 2013
502 posts
Posted on 5/13/16 at 1:22 pm to
Looks like they need to update the forms. This is from the department of revenue's website.

quote:

The sale of boats and vessels by Individual owners will be subject to state sales or use tax beginning April 1, 2016. The Department of Revenue requires a copy of a bill of sale and a copy of the previous -owner's registration with the US Coast Guard, and/or title registration with the state in which the boat was used. This documentation, along with a completed Boat Registration Tax Payment Certification (R-1331) should be forwarded to LDR (see Contact Options listed below). Once this has been done, the owner can proceed to the Department of Wildlife and Fisheries to complete the boat registration process.


Can't find any changes to the existing statutes online, but also found this, again dept. of revenue website:

quote:

Most current exemptions and exclusions on the 4 percent state sales tax are eliminated; all exclusions will be restored by July 1, 2018


These tax changes are a product of the recent special session and took effect April 1, 2016. I wouldn't hold my breath for the exemptions to come back in 2018 though.

Doesn't look like there's any standard for value; however, and a low sale price on the notarized bill of sale will lower your tax bill.

Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 5/13/16 at 2:00 pm to
This is not a good thing. I'm still trying to figure out how they got this passed without much, if any opposition.
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 5/13/16 at 2:08 pm to
quote:

Doesn't look like there's any standard for value; however, and a low sale price on the notarized bill of sale will lower your tax bill.

$50 boats for urrybody!
Posted by pt448
LA
Member since Nov 2013
502 posts
Posted on 5/13/16 at 2:11 pm to
Threats of massive cuts to higher ed and health care from the governor sent the legislature into a mad dash to find any source of revenue possible. Not sure who's bright idea it was, but they all (or most) signed off on it. I'm not happy about it either, and it won't be as easy to pass off a 2 year old 24 foot bay boat as being sold for $100 as it is a trailer.

Private party sales may still be exempt from parish tax, just not state tax. Not sure.
This post was edited on 5/13/16 at 2:13 pm
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 5/13/16 at 2:16 pm to
State government is bloated, we have to pay for it somehow. Laying off more people is viewed by many within state government as Non Bene.

Call up the secretary of WLF, it should have been him that brought this to light and not a couple of fricking new papers. He failed us.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 5/13/16 at 2:26 pm to
quote:

If you get a big enough boat, you can register with the Coast Guard and skip LDWF altogether...


You can do that with a pirogue. Just have to apply for numbers thru the CG and then glass them in. They have to be 3" block numbers that can't be easy removed.

Normally the numbers are installed on the main boat stringer, but any place inside the hull works.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81631 posts
Posted on 5/13/16 at 2:27 pm to
Looks like the dept. of revenue can't read statutes very well.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 5/13/16 at 2:29 pm to
quote:

Looks like the dept. of revenue can't read statutes very well.


What does this mean?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81631 posts
Posted on 5/13/16 at 2:34 pm to
The statute they reference does not apply to used boats from private party.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 5/13/16 at 3:46 pm to
I don't know what to tell you, man. Maybe they haven't updated it or you're looking in the wrong spot but they are for sure collecting sales tax on private party transfers.
Posted by wickowick
Head of Island
Member since Dec 2006
45809 posts
Posted on 5/13/16 at 3:49 pm to
I was at LDWF headquarters for a meeting on Wednesday night and the main doors had signs saying they were now collecting tax on second hand boat sales.
Posted by bayoudude
Member since Dec 2007
24956 posts
Posted on 5/13/16 at 3:56 pm to
With the state of the economy in LA and now this shite it will be almost impossible to sell a used boat that has any kind of value.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81631 posts
Posted on 5/13/16 at 4:45 pm to
quote:

don't know what to tell you, man. Maybe they haven't updated it or you're looking in the wrong spot but they are for sure collecting sales tax on private party transfers.
Just looks like revenue doesn't know what's going on.
Posted by wickowick
Head of Island
Member since Dec 2006
45809 posts
Posted on 5/13/16 at 4:54 pm to
Anyone know if this money is staying with LDWF or going to the general fund?
Posted by cdaniel76
Covington, LA
Member since Feb 2008
19699 posts
Posted on 5/13/16 at 5:28 pm to
This was all part of JBE's tax increases, right?

There's no way in hell the LDWF will see one penny of that money.
Posted by pt448
LA
Member since Nov 2013
502 posts
Posted on 5/13/16 at 6:25 pm to
LDWF doesn't collect the money. You have to provide a R-1331 form showing that you paid taxes at the state tax office. It goes into the same pot as all other state sales tax goes.
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