When a Montana RV enters another state, it becomes a foreign vehicle in that state. The LLC "owner" may or may not be deemed to have entered the state. most states have a requirement that a foreign vehicle may only remain in the state for a certain period of time before it must be registered in some way in that state.
example: "Non-residents must register vehicle in Alabama within 30 days from date of entry, or expiration of previous tag, whichever comes first. Must have title application; certificate of title; or certification from the previous state that titles were not issued in that year. Then previous state registration must be produced. Vehicles must be inspected by the state unless owner is a college student or in the military. Vehicle must be in state."
or
"It is illegal for a person to operate a motor vehicle unless it has been properly registered for the current year in the state or county in which the person is a resident."
or
"A non-resident vehicle must be registered in California if the vehicle is based in California or primarily used in California; a vehicle is considered to be primarily used in California if it is operated or located in the state for a greater amount of time than it is located or operated in any other jurisdiction."
or
"Non-residents may operate a vehicle in the District for 30 continuous days before registering and can extend that period for an additional 180 days by paying a fee."
or
"Every non-resident including any foreign corporation carrying on business within Illinois and owning and regularly operating in such business any motor vehicle, trailer, or semitrailer within this state in intrastate commerce, shall be required to register each such vehicle and pay the same fees as is required with reference to like vehicles owned by Illinois residents."
etc etc etc.
When the Montana LLC is the owner it is also the "non-resident" but the driver is still a resident of somewhere and so there are requirements that apply to the vehicle and others that apply to the driver. A Montana law office may know quite a bit about creating a Montana corporation, They may not know squat about the registration requirements of the remaining states. It is not enough to know Montana corporation law. You need to know what your own state will or will not require for a vehicle to operate there.
Mighty Thor wrote: When a Montana RV enters another state, it becomes a foreign vehicle in that state. The LLC "owner" may or may not be deemed to have entered the state. most states have a requirement that a foreign vehicle may only remain in the state for a certain period of time before it must be registered in some way in that state.
example: "Non-residents must register vehicle in Alabama within 30 days from date of entry, or expiration of previous tag, whichever comes first. Must have title application; certificate of title; or certification from the previous state that titles were not issued in that year. Then previous state registration must be produced. Vehicles must be inspected by the state unless owner is a college student or in the military. Vehicle must be in state."
or
"It is illegal for a person to operate a motor vehicle unless it has been properly registered for the current year in the state or county in which the person is a resident."
or
"A non-resident vehicle must be registered in California if the vehicle is based in California or primarily used in California; a vehicle is considered to be primarily used in California if it is operated or located in the state for a greater amount of time than it is located or operated in any other jurisdiction."
or
"Non-residents may operate a vehicle in the District for 30 continuous days before registering and can extend that period for an additional 180 days by paying a fee."
or
"Every non-resident including any foreign corporation carrying on business within Illinois and owning and regularly operating in such business any motor vehicle, trailer, or semitrailer within this state in intrastate commerce, shall be required to register each such vehicle and pay the same fees as is required with reference to like vehicles owned by Illinois residents."
etc etc etc.
When the Montana LLC is the owner it is also the "non-resident" but the driver is still a resident of somewhere and so there are requirements that apply to the vehicle and others that apply to the driver. A Montana law office may know quite a bit about creating a Montana corporation, They may not know squat about the registration requirements of the remaining states. It is not enough to know Montana corporation law. You need to know what your own state will or will not require for a vehicle to operate there.
Which is a rather long winded way of saying exactly what I have been saying all along:
1. KNOW the laws in the state where you intend to create your LLC (it doesn't HAVE to Be Montana).
2. KNOW the laws in YOUR HOME STATE!
3. COMPLY with the laws in BOTH states!
It just might be that you will never be able to legally take the RV "home"!
If you OBEY the LAWS, there should be no trouble!
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Which is a rather long winded way of saying exactly what I have been saying all along:
1. KNOW the laws in the state where you intend to create your LLC (it doesn't HAVE to Be Montana).
2. KNOW the laws in YOUR HOME STATE!
3. COMPLY with the laws in BOTH states!
It just might be that you will never be able to legally take the RV "home"!
If you OBEY the LAWS, there should be no trouble!
That is exactly right. Know the laws of both states and comply with those laws and be able to document your compliance.
Just for clarification, an LLC is different from a corporation from a technical standpoint. Generally an LLC is governed by individual or partnership law. An LLC is not necessarily a business and is used mostly for asset protection.
As for changes in residency, your new voting registration, driver's license, and auto registration generally serve as notice of a new residence. There is a specific IRS form to be filed for changes in address, but hardly anyone ever uses it.
Yep, back in the "good old days" when the IRS actually sent out the forms and instructions based on how you filed in the last year, I filed that "Change Of Address" form so the new forms would be sent to the correct address. Believe it or not, it actually WORKED! The new forms and instruction booklet came to my new address!
However, that had nothing to do with my former state of residence. Perhaps when my former employer stopped sending them tax money in my name, they got the idea.
I expect that it's probably as simple as providing the old state with a copy of your 'filed' tax return in the 'new' state. Our accountant said from what he'd heard the states that are 'investigating' are trying to catch the people who are in search of paying 'No' state taxes, or avoiding 'some' of them. They are short on cashflow and need to generate more income.
Probably also a desire to get people to pay for the infrastructure they are using. Too bad that desire doesn't include the 'corporate' users in some areas, while they are expending energy. Of course certain LLCs would be included in that broad 'brush stroke'?
Was in a CG a few years ago. Most MHs were nice, and appeared expensive. Most also wore Texas tags. I commented that we appeared to be in danger of being Texicanized, the host's reply was interesting. He said that most were actually from Colorado (which is where we were sitting), but that plating the vehicles in TX was WAY cheaper than Co, so they had plated them in Tx instead of Colo, to avoid taxation. I guess you could say that they weren't paying for their share of the infrastructure they were using?
Strong opinions abound on both sides of the issue, without a doubt. Politically it gets even more heated, but I will of course, NOT go there.
* This post was
edited 04/28/12 08:51am by rehoppe *
Hoppe
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Politically it gets even more heated, but I will of course, NOT go there.
