Maryland: Sales tax on out of state guns being transfered?

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crofrog

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May 31, 2005
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Severna Park, MD
I recently won an auction at gunbroker.com, and it was recived by my FFL. I went in there to do the paper work at start the transfer process and was informed that the seller didn't include an invoice in the box so they could charge me sales tax on the price the gun was sold to me for.

This isn't the FFL transfer fee they charge, or the extra money they charge to register the gun.

They want to charge me MD state sales tax on a gun that was purchased out of state. Something seems fishy to me is this common practice?

I've purchased an AR lower and had it transfered via another gun store and was not charged sales tax on the price of the lower.

Chris
 
It may be legit. I didn't buy any guns while I lived in MD, exactly, so it didn't come up for me. Many states require that sales tax be either collected or remitted (on income tax forms) for items purchased over the internet. I know Virginia does.

Of course, hardly anyone actually pays it. How would they check? Subponea sales records of every company that sells online, every year?

Anyway, you need to check with someone familiar with Maryland tax code.
 
It is almost never enforced, but goods brought into states that have a sales tax typically are required to be taxed. Im not sure how it works over there, but around here that obligation rests with the purchaser, not the person doing the transfer. In Washington i think you would have to contact the state an obtain a form to pay the tax on what you purchased. The person doing the transfer is required to charge you tax on their transfer fee though.
 
I thought the transfer fee was a service and there are no taxes on services. Or is that not the same in all parts of the country?
 
My FFL told me that if sales taxes were not collected by the seller then he has to collect taxes. Since an invoice wasn't sent the only thing the FFL has to go on is what you tell him.
 
I would request all invoices be mailed directly to me and tell my dealer it was a trade.
 
Crofrog, keep in mind that it is your responsibility to pay the sales tax directly to the Comptroller. It is not your FFL's responsibility to collect the tax, and if you give the money to your FFL there is no telling where that money goes.

I would print off the use tax webpage from the link provided and bring it in to show your dealer.
 
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