GunBroker sales tax

[millerkiller77]

I’ve bought from gun broker and they charged me the sales tax for PA.
i have never been charged the tax a second time at my ffl nor have they even questioned me about it. You should have gotten or be able to get a invoice from GB showing that you paid the tax

I'm going to second this. Every Gunbroker purchase I've done that requires a ffl, gunbroker collected the sales tax and I never heard another peep. On the flip side, I've done over 100 gunbroker sales and Gunbroker handled the tax on that as well. No buyer has ever contacted me because they were getting doubled charged on fees or taxes.

 

[HONEYBADGER]

You dont even have a choice on Gunbroker anymore. The sales tax is collected whether you want it to be or not. It is not an option as a seller to not collect tax.

The government took that ability away based on some court decision vs the State of South Dakota I think it was. Cali wants its tax money, Antifa is not going to fund itself.

 

[Redmt]

It's pretty easy now to see where the mistake comes in. My FFL Guy, is a GB buyer/seller. When he buys from GB for a client or sells for someone he has to pay/collect the tax just like the seller I bought from did. The brain fart came in where I bought from GB and he was only the FFL transfer agent. I have used him in the past and he's an honest down to earth guy trying to make a living. It was an honest mistake.

 

[millerkiller77]

Man they sure do get pissy when you don't pay them ...I honestly wonder how many of these online retailers are actually paying the collected taxes to the state..

 

[Redmt]

This guy is standing firm. I've paid the tax twice. If and when I find that he's actually wrong and in writing somewhere, I'll show it to him after I get my rifle next week. He basically said that he would send my rifle back to the seller and I could deal with another FFL. if I was to keep objecting to the tax. I'm going to let it ride for now. No mater if I'm right or wrong, I don't respond well to threats.

 

[Deleted member 20812]

He’s a moron.

 

[Redmt]

I'm still open to the possibility that he might be right. Still, I don't respond to threats with a positive attitude.

 

[Farmerj]

This guy is standing firm. I've paid the tax twice. If and when I find that he's actually wrong and in writing somewhere, I'll show it to him after I get my rifle next week. He basically said that he would send my rifle back to the seller and I could deal with another FFL. if I was to keep objecting to the tax. I'm going to let it ride for now. No mater if I'm right or wrong, I don't respond well to threats.

Get it in writing and send it to GunBroker.


And unless he’s the only one within 100 miles, I’d go find a new FFL

 

[Redmt]

The seller sold through GunBroker to me directly. GB automatically charged the CA. sales tax. The wording is that if GB didn't charge enough to satisfy the CA requirements then I would be liable for the difference to be paid through the receiving FFL of my choice. His interpretation is that the entire CA tax is due through him for the out of state purchase. An old acquaintance is a CA state senator. He's having the CA franchise tax people look into it. I'm pretty sure they will come up with a definite answer. I'm keeping an open mind that he may be correct. On the flip side if I'm right then the tax folks can deal with it.
Another thing is that when the disagreement came up, he did offer me the tax money returned. If he was right then he would be loosing money on doing the transfer for me. I told him no that I wasn't taking the tax money from him until I had definite proof that I was right. I'm keeping an open mind one way or the other.

 

[Derek44]

Not sure about CA, but in WA, if situations like this come up, you can fill out a refund form for the dept. of revenue and the state will directly refund the overpayment. Takes about 3-6 months however to be processed. Imagine that.

 

[westbranch]

Sales tax in CA is based on the gross receipts of a retailer, his gross receipts would only the transfer fee. Which there may be sales tax on the transfer fee, but that would depend on state law. He cannot collect sales tax on $950 that he never even received. He would have to report more sales on his sales tax return than he actually received to be able pay it to the state.

Did a quick search and found this - if he didn't sell it at retail he wouldn't collect the tax.

Sales And Use Tax Law - Section 6051

www.cdtfa.ca.gov

6051. Imposition and rate of sales tax. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers at the rate of 2½ percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in this state on or after August 1, 1933,

 

[p_ham]

Here's your firearms division contact info.

 

[Redmt]

I wrote to GunBroker support and the answered in clear, simple terms to show him the receipt from them. It clearly shows I paid the tax. They also sent the link to their website showing very clearly the taxes collection and it being paid.
I get my rifle Friday morning. I'll print out the email from them and send him the email also AFTER I get my rifle in my hands. He can mail me my $$ back.

 

[Schaaf]

I wrote to GunBroker support and the answered in clear, simple terms to show him the receipt from them. It clearly shows I paid the tax. They also sent the link to their website showing very clearly the taxes collection and it being paid.
I get my rifle Friday morning. I'll print out the email from them and send him the email also AFTER I get my rifle in my hands. He can mail me my $$ back.

Tell him he's a Jive Turkey too.

 

[Redmt]

After all is said and done there will be a few things communicated to him.

 

[Farmerj]

I suspect you won’t get your money back….

And he collects the sales tax as a boost to his revenue since he really doesn’t have to claim it.

 

[Redmt]

I suspect you won’t get your money back….

And he collects the sales tax as a boost to his revenue since he really doesn’t have to claim it.

Oh contraire! A friend is a state senator and I asked him. He asked the franchise tax folks and they were all over it looking at potential fraud. They wanted all the info. I'm dragging my feet until I pick up my rifle.

 

[Redmt]

It was an interesting morning. The FFL Guy meets me with smiles and my $86.00! He hands it over saying even though he's right he doesn't want any issues. I brought a complete email string from GB laying it out step by step as why he wasn't required to collect taxes. He wouldn't buy it! He's still adamant that he has to collect the tax. Oh well! I got my money back and my new rifle from him with smiles and thanks.

 

[elkantlers]

It was an interesting morning. The FFL Guy meets me with smiles and my $86.00! He hands it over saying even though he's right he doesn't want any issues. I brought a complete email string from GB laying it out step by step as why he wasn't required to collect taxes. He wouldn't buy it! He's still adamant that he has to collect the tax. Oh well! I got my money back and my new rifle from him with smiles and thanks.

Was your FFL just doing a transfer for you? Sounds like if you already paid for it on GB.
I'm an FFL and when I do transfers, no Tax is collected. Just the $25 transfer fee
If I purchase a firearm and then sell it to someone. I will then I collect taxes.

 

[Redmt]

Yup, his end was only the transfer. I got my bucks back and I'll find another FFL next time I need to get something transferred.