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Message
CPA's -2nd Amendment Tax Holiday - Boat Purchase
Posted on 8/5/14 at 8:44 am
Posted on 8/5/14 at 8:44 am
Calling CPA's - Tax Question
I have ordered a mud boat for duck hunting. It should be ready in the next couple of weeks. Louisiana's 2nd Amendment tax holiday is Sept 6th. The manufacturer said the boat does qualify for the tax break for individuals, not businesses. The boat I'm buying will ultimately be owned by an LLC which I own with another person.
Is it legal - Can I purchase the boat as an individual and then donate it to the LLC? What would be the costs and processes involved with that? Thanks for any help.
I have ordered a mud boat for duck hunting. It should be ready in the next couple of weeks. Louisiana's 2nd Amendment tax holiday is Sept 6th. The manufacturer said the boat does qualify for the tax break for individuals, not businesses. The boat I'm buying will ultimately be owned by an LLC which I own with another person.
Is it legal - Can I purchase the boat as an individual and then donate it to the LLC? What would be the costs and processes involved with that? Thanks for any help.
Posted on 8/5/14 at 9:16 am to Big Worm
quote:
Can I purchase the boat as an individual and then donate it to the LLC?
Yes. You can purchase it as an individual. And what you do with it at that point is up to you. Is this to save on Sales Tax? Your tax basis in it when you donate it to the LLC would probably be your purchase price, since it was so close to the purchase date. FYI, Sales Tax has nothing to do with the tax treatment on income for individuals or businesses, like the LLC.
Posted on 8/5/14 at 9:17 am to Big Worm
Purchase as an individual, then donate to the llc and take the full cost as contributed capital. But ask a guy on here named xenon. He knows a hell of a lot more than me. You could also ask this on the money board
Posted on 8/5/14 at 9:47 am to Big Worm
I think you will run into a problem when contributing to an LLC. Generally, use tax is due upon the transfer, but there is an exemption if you previously paid sales/use tax (which aren't exactly the same, but close enough for this) in formation of the business.
In your case, you wouldn't have... so you may get caught up in that.
I'm not super familiar with the intricacies of the use tax, but you may be able to contribute it to a one-owner LLC without use tax issues. Then later bring the other person in on the partnership/LLC. A single member LLC is disregarded for FEDERAL INCOME tax... but I don't know the state's sales/use tax policy on them.
Does the LLC have a true business purpose or is it merely a holding company for sharing expenses and such?
There are a few quirks in partnership law (which is the default treatment of an LLC) with resale and disguised sales that you want to watch out for. Basically, hold on to it for 2+ years and you shouldn't have anything to worry about.
Watch out for insurance or loans. Once you change the name of who owns it, they may have a problem with this and raise the rates or call the loan. Generally they won't call the loan if you are actually adding a cosigner to it.
In your case, you wouldn't have... so you may get caught up in that.
I'm not super familiar with the intricacies of the use tax, but you may be able to contribute it to a one-owner LLC without use tax issues. Then later bring the other person in on the partnership/LLC. A single member LLC is disregarded for FEDERAL INCOME tax... but I don't know the state's sales/use tax policy on them.
Does the LLC have a true business purpose or is it merely a holding company for sharing expenses and such?
There are a few quirks in partnership law (which is the default treatment of an LLC) with resale and disguised sales that you want to watch out for. Basically, hold on to it for 2+ years and you shouldn't have anything to worry about.
Watch out for insurance or loans. Once you change the name of who owns it, they may have a problem with this and raise the rates or call the loan. Generally they won't call the loan if you are actually adding a cosigner to it.
Posted on 8/5/14 at 9:49 am to xenon16
Here's a read for you regarding LA's stance on the SMLLC in a recent Supreme Court decision
LINK
I recommend calling LDWF and asking them. They would be the ones to issue the registration (either this time or the next). See if they would issue it if you had purchased it on a sales tax holiday and transferred it to an LLC.
LINK
I recommend calling LDWF and asking them. They would be the ones to issue the registration (either this time or the next). See if they would issue it if you had purchased it on a sales tax holiday and transferred it to an LLC.
This post was edited on 8/5/14 at 10:04 am
Posted on 8/5/14 at 10:51 am to xenon16
quote:
Does the LLC have a true business purpose or is it merely a holding company for sharing expenses and such?
Just sharing expenses. There will be no loans.
Thanks. I will give LDWF a call and ask them.
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