JavaScript is disabled
Our website requires JavaScript to function properly. For a better experience, please enable JavaScript in your browser settings before proceeding.
Washington FFL taxes
- Thread Starter kalison
- Start date
- Messages
- 7,381
- Reactions
- 19,890
Never had an FFL try and collect tax on a private transfer. Done only 2 since 594 went into effect though.
- Messages
- 13,095
- Reactions
- 46,626
Don't understand how an FFL would collect taxes on something they:
A) did not sell And
B) never had possession of
Having said that I can see tax on the transfer fee, because they're selling a service...
Or maybe I'm just not understanding...
A) did not sell And
B) never had possession of
Having said that I can see tax on the transfer fee, because they're selling a service...
Or maybe I'm just not understanding...
- Thread Starter
- #4
Yeah I don't understand either. This was an FFL that told me this.
I don't know how they can tax something that is not theirs and they did not sell.
If it sounds like its not normal (which is seems), then I wont be concerned about it.
Taxed because of the service and the fee for the transfer was never in question.
I don't know how they can tax something that is not theirs and they did not sell.
If it sounds like its not normal (which is seems), then I wont be concerned about it.
Taxed because of the service and the fee for the transfer was never in question.
- Thread Starter
- #6
Oh I immediately marked them off my list. But the thought of it bugged me so I thought I would ask.
It sounds like it's not a normal thing, so I'll call around in the morning to find another ffl.
- Messages
- 26
- Reactions
- 42
When I buy from an online source and have it shipped to a local FFL, I have to pay tax on the gun when I pick it up. This is not sales tax. It is Washington's usage tax that you are supposed to pay on anything purchased out of state.
Bill.
Bill.
- Messages
- 1,567
- Reactions
- 2,737
I transferred a pistol in Kelso at Gators' Custom Guns not too long ago and there was only a 20 dollar transfer fee, no takes.
- Messages
- 4,261
- Reactions
- 5,938
My FFL charged me sales tax and it is required for a new gun. Not sure about used guns since I have only bought new guns over the years.
Use tax | Washington Department of Revenue
Washington: Sales Tax Requirements on Firearms Transfers - Avalara
Use tax | Washington Department of Revenue
Washington: Sales Tax Requirements on Firearms Transfers - Avalara
Last Edited:
- Messages
- 1,012
- Reactions
- 1,994
I'm not an attorney, but did stay at a Holiday Inn last night. And have exhaustively gone through this with FFLs and researched this topic. Have homes in OR & WA. This applies to WA. only.
New or used buying from any FFL dealer, in-state or not, tax IS always collected.
Used from any private party, in-state or not, tax is NOT required to be collected by the FFL, however a use tax is owed to WA. State as your personal responsibility.
A lot of FFLs are (understandably) confused about this, or adopted their own policy after I-594 passed in WA. For example, some do not collect for an in-person private sale, but insist they must for an out of state private transfer. Some claim that a private party transfer becomes void if the seller ships through an FFL on their end, to your FFL.
That's not law, that's their policy. It's b.s. Find another FFL at that point, IMO.
You definitely need an invoice with make-model-S/N, price, etc from the private seller and some FFLs may legitimately ask that the seller's ID attach to the invoice.
I-594 Explanatory Statement - Washington Secretary of State
Explanatory Statement
Written by the Office of the Attorney General
key passage at the end, on this subject:
"Sales tax would not apply to the sale or transfer of firearms between people who are not licensed firearms dealers, so long as they comply with all background check requirements. Using a licensed firearms dealer to assist with such sales or transfers would not result in sales or use tax."
Hope this helps. I spent many hours and back/forth with several FFLs figuring this out.
New or used buying from any FFL dealer, in-state or not, tax IS always collected.
Used from any private party, in-state or not, tax is NOT required to be collected by the FFL, however a use tax is owed to WA. State as your personal responsibility.
A lot of FFLs are (understandably) confused about this, or adopted their own policy after I-594 passed in WA. For example, some do not collect for an in-person private sale, but insist they must for an out of state private transfer. Some claim that a private party transfer becomes void if the seller ships through an FFL on their end, to your FFL.
That's not law, that's their policy. It's b.s. Find another FFL at that point, IMO.
You definitely need an invoice with make-model-S/N, price, etc from the private seller and some FFLs may legitimately ask that the seller's ID attach to the invoice.
I-594 Explanatory Statement - Washington Secretary of State
Explanatory Statement
Written by the Office of the Attorney General
key passage at the end, on this subject:
"Sales tax would not apply to the sale or transfer of firearms between people who are not licensed firearms dealers, so long as they comply with all background check requirements. Using a licensed firearms dealer to assist with such sales or transfers would not result in sales or use tax."
Hope this helps. I spent many hours and back/forth with several FFLs figuring this out.
- Thread Starter
- #11
Thank you for this. I thought in my own mind that this is what it really was. Anything bought FROM the FFL is taxable, however private sales are not.. minus the taxes for the service. I thought it was really odd to hear him say he would be collecting sales tax on a item he does not own.
As an invoice do you mean they would want a copy of the BoS?
- Messages
- 1,012
- Reactions
- 1,994
BTW, if you ask the DOR, ATF, Office of the AG, or 3 different FFLs, you'll get 6 different answers ;-)
Just to be clear, the use-tax is owed on private purchases for anything brought into WA, same as if you bought a flat screen TV in Portland (tax-free there) and brought it home to WA - but FFLs are NOT required to collect the tax on legitimate private transfers. It's your personal responsibility.
Voluntary compliance is generally not too high which is why WA-DOR loves to intimidate others into collecting it for them ;-)
Also, FFLs as businesses are free to adopt whatever policy they chose. But it's not law.
Yes, Bill-of-Sale / Invoice meant to be the same thing.
Just to be clear, the use-tax is owed on private purchases for anything brought into WA, same as if you bought a flat screen TV in Portland (tax-free there) and brought it home to WA - but FFLs are NOT required to collect the tax on legitimate private transfers. It's your personal responsibility.
Voluntary compliance is generally not too high which is why WA-DOR loves to intimidate others into collecting it for them ;-)
Also, FFLs as businesses are free to adopt whatever policy they chose. But it's not law.
Yes, Bill-of-Sale / Invoice meant to be the same thing.
Last Edited:
- Thread Starter
- #13
LOL
- Messages
- 1,012
- Reactions
- 1,994
Last comment on this one, there had been no issue or confusion on this topic prior to the 2014 passage of "Universal Background Check Law" I594.
But I-594 explicitly said in the text it makes no changes to existing tax law or requirements. If it had - the initiative would or could have been tossed out for violating WA. initiative statute on not containing multiple subjects.
Regardless, it's a messed up situation since so many have their own spin and/or policy.
But I-594 explicitly said in the text it makes no changes to existing tax law or requirements. If it had - the initiative would or could have been tossed out for violating WA. initiative statute on not containing multiple subjects.
Regardless, it's a messed up situation since so many have their own spin and/or policy.
- Thread Starter
- #15
I appreciate you taking the time to clear things up. Thank you!
Similar threads
