Some may be interested in the following from USA Today in today's paper.
"Since October 2010, Minnesota has collected $230,000 in taxes, fines and penalties from residents who attempted to dodge state sales taxes on RVs by registering them in Montana. The state says it's investigating 270 other cases."
Well,
You'll probably get a zillion responses because the subject always raises the hairs. I can't believe people get "caught" in doing something like this. It's so incredibly simple.
1. Call or write or email "Bennet Law Firm" in Montana for their advice since they specialize in it. And yes, THEY know ALL the states rules and regs for maintaining an LLC with their state and yours.
2. If you set one up, and have done ALL the requirements, and documented everything, and are continuing to follow the requirements, and all is in the "Up and Up", you can have a team of investigators on your front lawn and they can do nothing.
3. If you don't trust the Bennet Law Firm, check with your own states rules and regs, and an attorney of your choice that maybe specializes in LLCs for your state, county etc. and be guided by his/her advice.
4. And finally call your insurance company and see what their thoughts are on "company" ownership for an LLC.
Scott and Karla SDFD RETIRED
2004 Itasca Horizon, 36GD Slate Blue 330 CAT
2011 White Honda CRV EX-L,4WD w/NAV Toad 2008 Caliente Red LVL II GL 1800 Goldwing KI60ND
FIRE UP wrote: Well,
You'll probably get a zillion responses because the subject always raises the hairs. I can't believe people get "caught" in doing something like this. It's so incredibly simple.
1. Call or write or email "Bennet Law Firm" in Montana for their advice since they specialize in it. And yes, THEY know ALL the states rules and regs for maintaining an LLC with their state and yours.
2. If you set one up, and have done ALL the requirements, and documented everything, and are continuing to follow the requirements, and all is in the "Up and Up", you can have a team of investigators on your front lawn and they can do nothing.
3. If you don't trust the Bennet Law Firm, check with your own states rules and regs, and an attorney of your choice that maybe specializes in LLCs for your state, county etc. and be guided by his/her advice.
4. And finally call your insurance company and see what their thoughts are on "company" ownership for an LLC.
Great response, each state has their own requirements and some states have strict residency requirements. Bennett Law firm knows every state's requirement and will tell you yes or no to forming a LLC. In my state of SC you need to be out of the state 180 days a year. So someone that just takes a couple of vacations a year it would not work.
We've had our coach registered in a MT LLC for years along with two other vehicles. Absolutely no problems. As the fire buddy says, get it done right and don't listen to the naysayers who only repeat incorrect information.
I never could figure out why some people can't grasp the concept that others may own more than one home or have businesses in more than one state..... OR resent those that do.
It would seem to me that a person living in a state and haveing a out of state
M/H sitting there in the yard with out of state plates no matter what is just asking for any trouble they incour
Well, what the heck, I might as well issue my standard response!
Again:
KNOW the rules/laws in YOUR state AND the State of Montana.
COMPLY with ALL the rules/laws of both states.
DOCUMENT your compliance with all the rules/laws of both states. Keep ALL receipts, and any other paperwork that will serve as documentation. Take pictures of each area you visit, whatever it takes to undeniably PROVE that you have done what is necessary. Do this EVERY year as long as you have the Montana LLC.
Remember, The Tax Man does NOT have to prove you guilty! YOU have to prove you are NOT guilty. Make sure you can do so!
Good luck.
CM1, USN (RET)
2002 Fleetwood Southwind 32V, Ford V10
Toad: 2006 Jeep Rubicon LJ
Other toad: '06 PT Cruiser, Kar Kaddy dolly
Toy: 1977 Dodge W100 CC SWB, 3/4 ton axles & springs
"When seconds count, help is only minutes away!"
This subject always gets people to spout off inaccurate information. Here are the basics...
1) A LLC is a "Legal Person" and as such where YOU reside is IRRELEVANT, where the CORPORATION resides is what matters.
2) If the Montana LLC owns the RV, it is REQUIRED to register the vehicle in MONTANA (Remember, LLC is a "person" the "person" is a resident of Montana.)
3) Now for he hard part, this may get you passed sales tax (becaus you didn't buy the RV, the LLC did and the LLC is held to Montana tax laws) HOWEVER the LLC may get a tax bill from the county it is GARAGED, regardless of where the vehicle is registered.
4) You, or the owners of the LLC will have to comply with the corporate requirements of Montana to make sure the LLC stays "in good standing". Not dificult but it is often overlooked.
5) REMDINTR YOU DONT OWN THE RV... The LLC does ... The LLC could even rent the RV to you for x a month then it is legally a rental, regardless of what a podunk sherrif says.
Corporations are protected by the Constitution, what gets people in trouble is not following the simple rules (Like telling the California Highway Patrol it is YOUR RV when legally, it is NOT and handing them a CA drivers license)
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