stouffer wrote: Is the question about Montana law or is it about other states not enforcing their law?
It's about other states. I think people often get fooled by semantics on these things. It would appear as if setting up a Montana LLC and registering your RV there is perfectly legal in Montana. The trick is is it legal where you live or where you plan to keep your RV?
There is an interesting discussion on here in another area about California residents buying RV's in California and taking delivery in Nevada in order to avoid California sales tax. This practice is apparently legal in California as long as you jump through the appropriate hoops. Although the law was not intended to be used in this manner there was a loophole that seemed to allow it. However, it appears as if Nevada is now starting to notify people who did this that they owe a use tax to Nevada. While these people thought they were doing everything legal and complying with California law, it appears as if they may have neglected to fully research Nevada law and now may be in for a hefty tax bill with penalties and interest.
2004 National Tropi-Cal T-350, Class A, Triple slide, 330 HP Cat DP. 2006 Dodge Dakota 4x4 or
2002 Harley FLSTF Fat Boy on a Trailer or
2004 Polaris Quad on the Trailer
I understand there is a case in Colorado right now concerning this issue. If it goes the correct way then it will protect all Montana LLCs. All big companys form LLCs in and out of state they even form them overseas for tax reasons........The only way I think they can get you is if the vehicle is parked at your house and they know you live in such a state. I understand Colorado went to Montana to see all LLCs with Colorado address'......
goldendagger wrote: it has nothing to do w/the plates on your wheels, it's the address that is on your id that counts. and i'm still not sure it could be enforced then, ea. state is set up different on how you can claim for plate status. some that i have delt w/is where is it setting on a certain date others has been where do you use it the most. as long as the plates are legal in that state for that item there's not a lot that they can do, except harass and rage, time to let this issue die.....
In PA you have 30 days to register your vehicles in the state when you move here. That really means 30 days from the time you get a PA driver's licence, otherwise they have no way of knowing. You'll only get caught if you get stopped by the police, the state doesn't check otherwise. If you do get stopped, you WILL get a ticket.
I have heard horror stories from people who live in one state and work in another. In some states, that's a no win situation.
goldendagger wrote: it has nothing to do w/the plates on your wheels, it's the address that is on your id that counts. and i'm still not sure it could be enforced then, ea. state is set up different on how you can claim for plate status. some that i have delt w/is where is it setting on a certain date others has been where do you use it the most. as long as the plates are legal in that state for that item there's not a lot that they can do, except harass and rage, time to let this issue die.....
In PA you have 30 days to register your vehicles in the state when you move here. That really means 30 days from the time you get a PA driver's licence, otherwise they have no way of knowing. You'll only get caught if you get stopped by the police, the state doesn't check otherwise. If you do get stopped, you WILL get a ticket.
I have heard horror stories from people who live in one state and work in another. In some states, that's a no win situation.
stouffer wrote: JALLEN4's post brings up a point I had never considered. Are those with the Montana LLCs who have loans claiming interest deductions on their income tax. If so are they doing it through the LLC or through their personal income tax return. If you can't deduct the interest it would be real hard to see how you would come out ahead as the interest, even on a shorter term loan, is a whole lot more than any state's sales tax.
But then again, I'm just asking.
I doubt it.
LLCs in Montana are primarily used to lessen the MH's initial sales tax on purchase price, and, to lessen the ongoing annual licensing fees of many individual states.
I don't think anyone is suggesting needing to do anything but comply with the individual state laws which they are under.
I'm certainly 100% in compliance under my jurisdictions.
My point is this. To deduct interest expense, which you could, the LLC would have to file a tax return. This tax return, coupled with your tax return, would establish both your State of residence, if different than Montana, and the single purpose of the LLC. It would seem to me to leave a prima facie case for the State with access to this return.
LOL Actually, I belive you were concuring on that point which I first rasied. I feel like Rodney, I don't get no respect around here.
How's it going, are you going to Lil Sturgis this year? I'm thinking about it.
bobcatcharlie wrote: What plates do the UPS's and FedExers of the the world display. My guess is that these states go after the RV world and not the big corp. as to do with tons of corp. lawyers ready to take them on. I bet there a great many vihicles that never enter the state that's on the plate. U-Haul comes to mind.
Each U-Haul truck is registered in the state where the franchisee who owns or leases that particular truck has his franchise registered, they are considered mobile and are constantly being relocated from state to state. On the other hand, my company (the one I work for) is registered in one state and each truck is still registered to my company, but in each state where it is permanently stationed, (were the service tech lives using it).
BZZZZZZZZZZZZZZZZZZT! Wrong. Every U-Haul truck is tagged in Arizona, from vans & pickups to 26' Super Movers. Trailers are tagged all over the place, but TRUCKS all have AZ plates. My friend bought an ex-UHaul 10' Toyota box truck...it hadn't left the Northeast in 5+ years (farthest west it had gone was upstate NY), and until it was taken out of service, was tagged in AZ. When he bought it, he got an Arizona title.
We have half a dozen box trucks at work--ONE is tagged in the state we're based in (Massachusetts). We have one truck tagged in Jersey, a semi tractor with Indiana plates, and three trucks with Connecticut plates. Not a single one of our 50+ trailers are tagged in MA...about 2/3 have Maine plates, the rest are either Oregon or Tennessee.
For that matter, I seem to recall that almost all Greyhounds are registered in Texas.
LOL Exactly how is what your saying in conflict with what I'm saying?
If they are all registered in AZ then who or what owns them must be doing business from there.
clnhse wrote: All big companys form LLCs in and out of state they even form them overseas for tax reasons........
they also have to file in the individual states that they do business in. To do business, even sell your products in different states, you have to jump thru all types of hoops. You just don't move in and set up shop!
I get a big kick out of this subject for a lot of reasons. Foremost among them is my strong feelings about the Montana LLC issue. I also enjoy watching how debates of this length evolve and take on a life of their own. This particular thread is the most civil of all the previous ones on this subject that I can remember.
The overall level of diplomacy and maturity is commendable. I hope we can keep it alive a while longer.
In VA, you have to pay personal property tax based on where the vehicle is "garaged". I wanted to argue that my car wasn't garaged, it was in my apartment parking lot outside.
Even if you have your vehicle registered legally in another state, if you regularly keep it in VA, you'll have to pay personal property tax to the county/city where you keep it.
I live in Fairfax County, but I store my MH in Prince William County. The nice thing is that PW County exempts Motorhomes from personal property tax, which will save me a lot of money.
I didn't even know this when I picked my storage spot. It was simply the closest place that had room, and was the cheapest.
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I feel like Rodney, I don't get no respect around here.
