Would you be opening yourself up to some real problems, fines etc. 3 min read 1. Even if the law is on your side, if your state doesnt think so, you can spend way more in legal fees fighting it than you saved. Avoiding sales tax by using a Montana LLC is not illegal nor a scam. Indeed, forming LLCs and registering RVs like this is a big business out there. Susie and her husband, James Frost, reside in Livingston, Texas. U-Haul and other legitimate rental businesses pay all applicable state/local sales and corporate income taxes on their rentals. But are you actually protected? And when they get to the office, they will call their buddies at the Montana Department of Motor Vehicles and the Department of State and have them pull your information from your Montana LLC filing. We establish Montana LLCs for you to own your vehicles for only $300, and we do it in a couple days. Obviously, this is grey hat stuff. I was also going to point out it is Limited Liability Company and not Corporation. Thank you for reading the article and taking time to reply. That's the difference. I'm about to wrap things up, but I was wondering if any of you have had any experience with this idea. Having a "Montana Attorney" will do you no good if that Attorney is not licensed in California and familiar with California law. The only. Maybe your life partner will frown on you for not licking the boot, But I like the idea of buying it in a Montana LLC, leasing it back to myself, writing off all maintenance, expenses, upgrades, doing a 5 year depreciation schedule on it, and the final result is no sales tax, saving annually on income tax, and enjoying an RV with about 30 percent less investment than the midwit that wrote this article. Still have the radios Thanks for any comments. An LLC can also be used to hold assets (such as real estate, vehicles, boats, or aircraft). Thank you for sharing very informative article. Id like to see extra posts like this . My questions around this are: Location: Off the road after 14 years full timing. My neighbor was stopped at an AG station on I-15 south going into CA and fined a total of $150. Its tough being a minority here. Thom was on a contract job that started off at 6 months then had 3 months added then a month well you get the idea. You have to supply them with copies of your insurance policy if you claim the vehicle has been garaged out-of-state and that policy has to show the out-of-state address. Found it odd that the GMC Sierra I rented had AZ plates. Discussion in 'California (Southern)' started by Texas Forever, Feb 13, 2011. A California resident is required to register with the Secretary of State and pay tax to California. They make tax collectors drool. The biggest bite in buying an RV in one of the high tax states comes in the form of a use tax, or sales tax. Or over time. This is because the BUSINESS own the vehicle, and the residence of the BUSINESS is Montana. You need an attorney in California, not Montana, it is in California you (or he) have/has to appear in court. Thank you for sharing your thoughts. Have registered to vote etc. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with other RV owners, see fewer ads, upload photographs, create an RV blog, send private messages and so much, much more! That means, in effect, I own the RV with Montana plates. I paid my taxes. Thats BS. Yes, I get irritated when I see this. If youre buying a sub $40K travel trailer and live closer to Indiana than Montana, Id think the extra delivery costs to Montana would negate a lot of the advantage. SKP #131800, Hi there! Whats more, you dont even have to be a Montana resident to do it! If you drive your RV to another state every three months, they interpret that as keeping the motorhome in your home state for no more than 90 consecutive days. I am not a lawyer so take what a I say carefully. Have you considered that the money grab by the states isnt exactly moral? I did have to pay 6% sales tax when I bought it, but nothing since. See, when it comes to the specialty car market, you may not be in good hands, after all. Um no thanks. IFTA is an agreement among most U.S. states and Canadian provinces to simplify the reporting of fuel used by motor carriers operating in more than one jurisdiction. I wish to say that this Still, I can only assume this is why a lot of U-Haul's equipment is so old. What is IFTA? e.g. How To Insure a Car with a Rebuilt or Salvage Title, South Dakota Residency for Full-Time RVers. In fact, since you plan to travel extensively throughout the country, to firmly establish Texas as your home, you need to follow what I call the Ten Commandments of Domicile (in this order): The reason the Washington DPS officer suspected a problem was because of the discrepancy between Texas plates, Texas driver licenses and that Montana plate on the RV. FAR too many ways to get bitten in the butt. It can only work with LLCs formed in Montana because Montana is the only state which imposes no sales tax on the purchase of vehicles by its residents, including resident LLCs. Full time means the end could come for either/both of us anywhere other than SD. Keep your Montana-registed car your garage the same garage you tell your insurance company you keep it in. California, Massachusetts and Iowa have passed laws aiming to prevent their residents from using the Montana loophole. Not all California residents with out-of-state plates are intentionally avoiding registering with the DMV . Why don't you talk to the guys in Montana that are actually doing this. The state is now cracking down on these . And that arguments probably a loser in court. MS resident here. I purchased a new coach two weeks ago and looked at doing the same. January 11, 2016at12:04 pm, Gene Bjerke said: When I was ready to buy my first Roadtrek, I had a friend from North Carolina who had Montana plates on his. And theyrepissed. Steve Mr. Hi Steve. Ready for a quote? Find An Agent Visited a lot of states, haven't camped in manyyet. But if you purchase your vehicle through an LLC in Montana, you wouldnt have to pay sales tax on the vehicle at all. Just to clarify some of the initial posts. I had a Montana LLC to buy a motorhome and avoid Texas sales and use tax. but not tax evasion illegal since FL does not charge a property tax. But for other places, it pays to shop around. Why Shouldnt you register your luxury vehicle under a Montana LLC? One of their focuses. Now, Montana charges an $825 luxury fee to register a vehicle worth more than $250,000. Besides this, many insurers have been known to frown at covering an RV that is titled in Montana when the owner of the LLC lives in another state. We have a MH with MT plates and are SD residents, but in most years the MH isn't even in SD for a day and when it is it is only there for a week or two. Its not like totaling out a seven year old Ford Focus. The Test? The tax structures between the two states are very different. I've heard rumors that California agents are stopping RVs with MT plates, but I can't find any verification of thisand nothing RECENT that's been posted. We already have contract to rent. #3 Feb 19, 2011 RacerX_GTO said: Wikipedia has good description to begin understanding IFTA. Resources mentioned in this video: Catch more great investing & business tips on our YouTube channel Others say inspectors cruise RV storage facilities facilities and actively look for vehicles with Montana plates. Is used in combination when the weight of such combination exceeds 26,000 pounds or 11,793 kilograms gross vehicle or registered gross vehicle weight. After arriving in Livingston, they visited Escapees RV Club national headquarters where they obtained their new Texas address. Think Health Care is expensive now??? Establishing a Chain of Ownership for Your Vehicle 2. And then title their newly-purchased vehicle in the Montana LLC's name. Copyright 2022 Select Insurance Group. some state revenue agencies consider to be tax evasion. Stay up-to-date with Club news, blog posts, events, and more. She owns the LLC and the toad, so if shes properly insured, the only issue is her speeding. They stay in one place for weeks, months, or years at a time. Yes!!!! http://www.loringlaw.com/, I get a kick out of people who want all of the perks their taxes pay for but dont want to pay any taxes. She also taught legal writing at the University of Houston Law School. Press J to jump to the feed. Mike refers to Michigan a lot. I would suspect that you will also see other states start to do the same thing unless there is a successful court challenge. Pretty obvious, dont you think? And think of the money he can save on his tags! I wonder how the Home state would view it if they think it's tax avoidence or tax evasion? Choose a subscription to save and fill them out at any time effortlessly. Unless your agent specializes in the luxury/non-standard car market, they may not even know how to properly fill out the application to ensure your vehicle is covered when it counts. The hassle of always looking over my shoulder just isnt worth the tax savings. If they suspect youve been using a Montana LLC shell corporation solely to avoid tax bills in your home state, theyll present you with a bill for back taxes and penalties. In a deliberate break with their home state of California, they sold their property and bought an RV. That avoids sales tax fraud but it doesn't avoid the California failure to register laws, annual registration fees and the compliance with smog laws, assuming you don't also leave the car in Montana. Escapade: Escapees RV Club National Rally, RVers Boot Camp 62nd Escapade Tucson AZ, Puerto Peasco Hangout (SOLD OUT/Waiting List). Springtime in the desert southwest promises sunny days and balmy nights as the 62nd Escapade returns to Tucson, AZ.+ Read More. What is the requirement and legal. But this article has made sure I will not be relocating to Michigan and purchasing my RV there! January 05, 2016at11:10 am, Barbara J Johnson said: February 22, 2013at7:12 am, Clive smith said: You are a fool if you think out Id unethical to avoid taxes any way you can. You really might want to get a clue, not give tax or legal advice as an unqualified writer and keep your submissive nature to yourself. I loved the specifics Does someone know where I could possibly grab a template FL HSMV 85008 form to use ? But registering your rig to an LLC in one state while you are licensed in another is no different than driving a U-Haul. I would venture that the rental income and the costs incurred by the LLC to maintain, store, license etc the RV would not generate a profit that would create a tax liability. Not every state that goes after its residents who use this tax avoidance strategy succeed. They received their Texas license plate for the Jeep. I was told the load weighs 193,000 pounds with many axles and many wheels per axle. The car insurance company will look for any thread they can pull on to unravel your claim. As far as sales and use taxes on an RV, many states have two provisions one for non-residents, one for residents. Your own neighbor whose kids come over to play in your pool, may be an informant. February 09, 2022at10:27 pm, Lizzy Roma said: January 12, 2016at12:18 am, HD Case said: Im with you Mike. Its parked in Oregon. January 29, 2017at1:26 pm, gaiusgracchus said: First of all, what are states doing taxing full time RVers anyway for buying a home? With specific questions like yours, we recommend you reach out to legal counsel directly so all factors can be considered in the discussion. We sold everything in Iowa where we had lived for almost 20 years. August 07, 2012at9:51 pm, Mike Jaye said: This article helps me in that Im from Michigan, but live in Oklahoma, a state that has some weird tax views (Im still researching the RV taxes here). When youre buying a high-dollar luxury car, sports car, truck, or RV, those taxes can really put a hurting on you. They didnt think they were writing a commercial policy when you bought it. A Montana LLC vehicle registration is an option some out-of-state residents choose in order to purchase a vehicle without having to pay sales tax on it. Cute custom license plates attract attention and can get you into trouble. As a PS. For example, buy some investment property in Montana, and own them within your LLC. Bless the folks that can avoid the rip off! 200,000 miles a year, 75,000 of which is in Montana alone, up until last year. How To Start An Llc In Montana. CHP clamping down on drivers who avoid California fees. Good thing she has friends. Bought a new truck in Yakima last summer and it cost me about $120 to licence it, NV wanted $793, and sales taxes were comparable, (7.5% vs 7%). Usually it is a cheater that got tagged for their avoiding what is rightfully owed to a state. The state is calling these LLC's exactly what they are, a sham to avoid taxes. For tax purposes an LLC is called a disregarded entity. Regardless of if you own a vehicle or not or if youve maintained having prior insurance. When asked by the office clerk if their Jeep was their only vehicle, they answered, yes, because technically the RV belonged to the Montana LLC. Heres a link to said video: https://www.youtube.com/watch?v=ebDF-C7GJec. Oregon) and the owners of the vehicles are California residents. Wow, way out of our league, but worth the time. I don't blame either for trying to keep/collect their money. So, what has been happening is that the high tax states that do impose use and sales taxes and high registration fees on RVs have been taking aggresive steps to counter the scheme by writing laws and regulations that make it very difficult to take advantage of the plan. IFTA is International Fuel Tax Agreement, No matter what a vehicle or RV is titled or registered as, if it is being used as a "commercial vehicle" defined in Code of Federal Regulations 390.5.. Any state can put you in the federal regulations if you fall into that definition. They were being accused of a felony, potentially punishable with six months to two years in prison. LLC's are shams for avoiding state sales tax. P.S Thank you for interesting article, Excellent article, Mike. Is there a loophole for those who do Montana LLC RV Titling? Its much less likely to attract the wrong kind of attention. Thank you for our RVing community and this forum. Bank and insurance company need to know that the LLC owns the coach. Can your domicile be in Delaware: drivers license, voting, mail forwarding address, but register your RV in Montana to safe on the registration fees? The issue here, though, is what would a court decide? Luckily, I was able to move to a county that has lower personal property taxes, but they still are pretty stiff. Kali also has the worst maintained roads in the west. Taxation in this country is out of control, and people are fed up with it. You pay no sales or use tax and then bring your car to whatever state you live in and drive the vehicle with tax-free impunity. They may see no ethical dilemma. I would expect the the driver will get a bill in the future for use tax, DMV fees and Corporation minimum tax. Stay off of social media. I think that the MT LCC is a bad idea for most. Nebraska, which has a 7 percent sales tax, is the most recent, according. We were within our rights to keep MI and not change everything to CA. So it makes a lot of sense to do everything you can to maximize savings. But as states scramble to shore up sinking deficits, I think we can be sure that pursuing RV owners with Montana plates is going to increase, not decrease. . A qualified motor vehicle is a motor vehicle used, designed or maintained for transportation of people or property and: Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,793 kilograms; or And your LLC is a Montana corporation. If you purchase within Texas, in order not to have to pay sales tax, you have to sign a Tax Exemption Certificate that basically says you will remove the vehicle from the state and not bring it back. Nevertheless, lots of higher-end car and RV owners have assessed the legal and enforcement landscape, and believe the tax savings to be worth the risk: Go to luxury or sports car shows outside of Montana, or any RV park well away from Montana, and chances are good youll see a lot of Montana plates. Like references on using this opportunity (it isnt a loophole, its simply how the law was written to benefit wealthy people). JMO. And theyll be sitting across the street from your house photographing you pulling in and out of your own driveway. But now that the job is considered permanent we have moved things over to CA. California has a big problem with California residents registering as Nevada Corporations. Call us today! They say if you take the motorhome out of your home state once every three months, youre legal. The local DPS promptly presented David and Dianne with their new Texas driver licenses (paper copies to use until the laminated plastic copies arrive by mail). The more you give the government the more they want and take. The state of Montana will not issue one as they do not consider an RV to be a commercial vehicle. It would only work in situations where the motorhome is owned free and clear because obtaining financing for such an arrangement would be difficult. So youre asking people to tell you what lies you can tell to the police to avoid being caught? If your main residence in another state, the practice is often considered to be tax evasion particularly in those states that have high RV sales taxes and costly RV license platesand titling fees. Lots of state revenue collectors are mad as wet hens at the State of Montana. But, The law can be tricky about Montana LLC RV Titling. In fact, about one out of every 16 of all McLaren P1s ever made on the planet just happen to be registered in Montana. An LLC, or limited liability company, is a business structure that can combine the best features of a corporation and a partnership. The value up to 100 percent can be written off immediately. Lots of carriers will take your premium, sure. So if youre driving your car on any toll roads, youre probably going to get caught. Most other states strongly frown on Montana LLC RV Titling. Even if you win, you lose. Finally insurance and finance make this even more complex. You learn something new every day. Did you know you can write off the entirety of a private jet purchase still? That sort of exploitation only fuels the resolve of the high tax states to shut down the loophole. There is no free lunch however. Montana vehicle registrations are yearly. Ngoc , Im certain that if a Cal State Trooper were to pull you over and find you had a Cal driver-license, a toad-car licensed in Cal and a motor-home with Montana plates it would not go well. A newly retired couple, lets call them David and Dianne, did their homework before becoming full-time RVers. Call your local taxing authority and ask. Theyre expensive. Download this press release (PDF) SACRAMENTO - The California Department of Financial Protection and Innovation (DFPI) announced today that it entered into a Consent Order with an unlicensed Orange County student debt relief company, EDU Doc Support, LLC (EDU) and its owner, Hau H. Nguyen (Nguyen). California is trying to crack down on the LLC crowd, that is the problem. I may not like those laws, but my conscience just wont let me do something that to me seems questionable. California Highway Patrol is actively looking for and flagging drivers pulled over with California drivers licenses driving cars with Montana plates. Thank you for the support and evidence of how bad an idea it is. And what additional fees and taxes are in Delaware? CA has a hotline to report this. Arizona charges a vehicle license tax (VLT), based on value, when you register, which can be pretty pricey on new vehicles. The announcement is part of a continuing crackdown against student loan debt relief companies . Do you even have a legitimate insurable interest in the vehicle at all? Worthless. I pay the sales tax in California on my cars I register in Montana. If I would be in violation of the law, I would not choose that route. Check it out by clicking here. File Articles of Organization. Other wise, Texas doesnt care. Drivers who want to use the Montana LLC technique should be very careful when insuring these cars. It WILL save you money! Theyll argue that you made false statements on your application. California wants us to report our neighbors for registration violations, smoking violations, burning wood on no burn days and excess water usage. Part of the issue here is California is going after Montana LLC with managing member(s) that are California residents. Almost all states require registration of vehicles in that state if the vehicle is "garaged" in that state. First, be careful trying the Montana LLC technique to save taxes on an RV. Id not to do it. |Disclaimer|Privacy Policy | Terms of Service. And BOOM youll get a nastygram in the mail saying you owe tens of thousands of dollars to the tax man. Currently Active Users Viewing This Thread: 1. For about 2 years we were quite legal with having MI plates on the vehicles while we were in CA. He contacted the Texas Secretary of States office to check on the discrepancy, and he was told that the couple was most likely guilty of tax fraud and tax evasion. Required fields are marked *. 2005 Damon Intruder 377 Alas declared a total loss after a semi "nicked" it. The State Trooper can call Elvis if hell answer the phone, but it wont matter. Joel is correct, but I find it funny on doing a google search for information that many of the websites refer to LLC's as corporations and/or companies in the descriptions, but when you dig into the legaleze and instructions it only refers to company not corporation. It's not a front business that does zero deals with anyone a year set up solely for the purpose of the owner to evade paying taxes on a car. Whatever. Shame on those who are so cheap they scheme to avoid paying a few hundred dollars in taxes to the detriment of all their fellow home state residents, particularly the elderly and poor kids who most depend on tax support! So, in the story above where Dianne is traveling in Washingtonthats exactly what shes supposed to dostay out of Texas. And then you have the gas expenses to get it home from Montana. They brought along their Texas vehicle registration, proof of insurance, their unexpired California driver licenses and other proof of required identification. All states have rules about how long a vehicle can be in the state in the possession of a resident before it needs to be registered. How long have I been telling folks the Montana LLC is a bad idea? Since an LLC is a business you can also be subject to IFTA fuel tax as well. 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