Use Tax??

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Lorin Dueck
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Use Tax??

Post by Lorin Dueck »

All -
I saw an article in the Feb '06 Sport Aviation re: Use Tax & Homebuilts.
What are my fellow builders in CA doing?
- How much is it?
- When does it need to be paid?
Interested.. but not REALLY wanting to know.... :(

Thx, Lorin D
9A Wings
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prestwich
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Post by prestwich »

Hey Lorin,

A little late on the reply here, but... The tech counselor in a city not too far from me, who's built 5 RVs, strongly advises that builders do NOT tell the State of California that their airplane is an RV with a Lycoming powerplant. Those things are worth some bucks! Even an idiot could Google that.

Instead, he "suggests" that you say the plane is an LDF-1 (Lorin Dueck Flyer Model 1), made from plans with material you purchased locally, and powered with a customized, modified, one-of-a-kind engine. Your O-360 does have an LDF decal, doesn't it?

An on-site inspection, if one is required, should be scheduled before the plane is painted and has a nice finished-looking interior. Sort of a madman's flying contraption look.

Given that scenario, how is a state pencil pusher going to argue with *your* stated valuation of the plane?

Disclaimer: The story above is a fictional anecdote meant for humorous reading only. The author does not advocate violating the letter nor spirit of any state or federal regulations. :roll:

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Lorin Dueck
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Post by Lorin Dueck »

Prestwich -

Thanks for the reply.
Better late than never!!!

Sounds like a good suggestion :idea:
However, if someone were to follow it - I think they'd be wise to make sure there were no blatant mistakes (i.e. material purchased locally vs. out of state).

I like the idea of an unfished inspection.
Maybe the builder should consider using a hot glue gun to add a few bare / frayed wires, some binder twine, an old Cracker Jack compass, and a few strips of duct tape. :evil:

Any others care to add a barnstorming ... err .. brainstorming comment??

Lorin D
9A Wings
(N194LD reserved)

prestwich
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Post by prestwich »

Lorin Dueck wrote:
Maybe the builder should consider using a hot glue gun to add a few bare / frayed wires, some binder twine, an old Cracker Jack compass, and a few strips of duct tape. :evil:

I'm planning on a set of those 1920's style semaphore turn signals.

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svanarts
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Post by svanarts »

That luxury tax is one of the pains of living in California. I'd have to ask my wife how much it is but then I'd have to walk all the way into the other room. Which would also involve getting out of my chair. Ain't gonna happen right now. I can tell you they didn't catch up with me until I registered my collection of airplane parts. The tax guys are well aware of the value of our RV's. They subscribe to Trade-A-Plane, the official blue book of aviation. The best you can do is incorporate in Nevada and register that plane to the corporation. Then you can get away from the taxes. Again, I don't advocate that. Just reporting on what others do.

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RV7Factory
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Location: Livermore, CA

What the BOE told me...

Post by RV7Factory »

Late response here, but here goes...

I called the CA Board of Equilization (BOE) a few months ago with questions about Use Taxes (sales tax) on the kits. Below is a summary of what I was told. Please do your own verification as the BOE is notorious for not knowing their own rules. The woman on the phone gave me two choices when it comes to paying the use tax.

OPTION 1) Pay use taxes when the kit(s) is purchased. If this option is selected, when payment is made, a serial number would need to given to the BOE and they will create an account/file. When the plane is eventually registered (with the same serial number) they will have the prior payment on file and tax will not be assessed for items already taxed and paid. Just be sure to save copies of all your records/receipts/payments she warned.

OPTION 2) Don't report or pay anything now, but pay it all at once when the plane is registered. The registration will trigger a BOE review and subsequent tax bill.

I was surprised to hear her tell me that in either case the Use Tax would be based on the price paid for the kit(s), NOT the value of the aircraft. She confirmed this with someone else in her office and gave me the example that if I paid $10,000 for the kit, even though the aircraft might be worth $80,000 finished, the Use Tax would only be based on the $10,000 kit price. I told her that this is done in stages over years and asked if I should send in additional Use Tax payments (aka Sales Tax) as more kits, engine, etc. were purchased. She said that if this project is multiple purchases over the course of time, it might confuse the BOE, and option #2 above would probably be better. She reiterated that if option 2 were selected the same would hold true, you would only be taxed on the purchase price of what you bought, NOT the value of the aircraft, again saying they would look at the receipts.

My experience from purchasing my last aircraft is that is may take some time for the state BOE to catch up to you, but they will find you. They get a data file from the FAA every so often showing new aircraft registrations in the state and that triggers a tax bill. In my case it took over a year before they mailed me the bill.

Just reporting what I was told... but please take this with a grain of salt and confirm it with the BOE. Telling them you didn't pay Use Tax when you needed to because you read online that you didn't have to is not an excuse in their mind.

In CA, your county will probably assess you a personal property tax, which shouldn't be confused with the one time use tax paid to the state. The annual personal property tax (similar to your home or car) is based on the fair market value of your aircraft. This is where calling your airplane something other than an RV-X comes into play.

Regards,
Brad
RV-7 | Wings | Livermore, CA
www.RV7Factory.com
Last edited by RV7Factory on Thu Jun 08, 2006 7:02 pm, edited 1 time in total.

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RV7Factory
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Post by RV7Factory »

Lorin,

This has been bugging me all day. I saw your post this morning and I kept thinking, "Where do I know the name Dueck from?". We live close to one another, but I don't think we have ever met, and it certainly isn't a name you see every day. I have been torturing myself trying to figure it out, then it hit me just moments ago. I took a Sportair sheet metal class taught by your dad (Jack). He is one heck of a nice guy and a great teacher. Mystery solved! :)

Regards,
Brad

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