FFL gun transfer question

[cryfowl]

So here is my scenario.  I recently purchased a gun out of State and had it shipped to a FFL dealer here in WA.  After a whole big shipping fiasco it finally showed up today.  I go up to the dealership to pick it up and he tells me I have to pay WA Sales Tax on the gun.  I argue saying I purchased it out of State.  I'm told it doens't matter.  I inquire that if any tax needed to be collected,  shouldn't it have been collected by the dealer whom I purchased the gun through, not here.  I have never paid Sales Tax on any of the guns I have purchased out of State before, only a $30 transfer fee.  This includes other guns I have had shipped to the same dealer.  He sticks to his guns and says he has to charge the tax.  So before doing any of the paperwork I call another dealer I have worked with before.  He says he only charges the $30 transfer fee and it is not his responsibility to collect Sales Tax, nor would he even know how much I paid for the gun.  He adds that if a dealer is charging me tax then they are more than likely just pocketing the $$$.  I tell the first dealer to pack the gun back up and ship it to the other dealer.  So my question is, who is right? 

[carpsniperg2]

Some dealers do it. Its always a good idea to ask, before you have it shipped to them. I have a gun heading my way, "as of this morning" my local guy here only takes, custom new guns or used guns. He will not let you ship new guns to him. Because he wants to sell them to you, if you are buying new. They all tend to be a little diffrent. 

[Caseyd]

If I remember correctly, as of last year they are supposed to charge sales tax by law. More money for the state 

[NRA4LIFE]

Caseyd is correct.  And, they charge you tax on everything that's attached to the gun too.  Scopes, mounts, slings, bipods, etc.  Never have any of that stuff shipped with the gun.

[bobcat]

It might actually be a good thing as it will encourage people to spend their money with the gun dealers in the state in order to avoid paying sales tax AND shipping. It's always good to keep as much money in state as possible, and also a good thing to support local gun dealers so they can make enough money to justify staying in business.

[Heredoggydoggy]

The first dealer is correct.  Recently passed law requires FFL dealers to charge sales tax on guns shipped from out of state.  If the second dealer isn't collecting the sales tax, he better hope the state dept. of revenue doesn't audit him.

[cryfowl]

I never thought to ask because of all the guns I have ever shipped it had never come up before.  Seemed out of the blue and like I said, because of the prior issues with this dealer I actually thought he was trying to rip me off again.  I actually don't mind paying the taxes so long as its legit.

[bobcat]

It would be nice if they would inform their customers of the new requirement before you go ahead with the shipment of a firearm to them.   

[carpsniperg2]

Very intresting. I wonder how they figure out the value of the guns? If you buy a gun for 100.00, and it is a 1000.00 rifle and has a 800.00 scope on it. But you got a great deal. How to they figure out what a scope and rifle is valued at Or do they just go off the purchase price?

[bobcat]

I would guess that you would have to show a receipt? But why couldn't you just say the gun was a gift?

[Sumpnneedskillin]

Very intresting. I wonder how they figure out the value of the guns? If you buy a gun for 100.00, and it is a 1000.00 rifle and has a 800.00 scope on it. But you got a great deal. How to they figure out what a scope and rifle is valued at Or do they just go off the purchase price?

I think they are supposed to treat it like the state does for vehicles.  Blue book says that 97 truck you bought in Idaho for 5000 is worth 9000 so you owe us the taxes for a 9000 dollar truck!

So in this case you'd be paying taxes on $1800.

[carpsniperg2]

  Dang! No more shipping guns for me

[CAMPMEAT]

You don't pay sales tax on a gun that is shipped to an FFL dealer. You ONLY pay for the transfer. You did not buy the gun in Washington, so you do not pay sales tax on it. Call the state and see what they say instead of asking a bunch of us guys.

[jackelope]

Unless you can prove that you paid sales tax when you bought the gun, the FFL holder is obligated by law to collect the sales tax. You need a bill of sale saying how much you paid for the gun or they will charge you sales tax on the fair market value.
Be aware!! I was told that this pertains even if you are gifted a gun if the gun changes ownership.
RCW 82.12.020(3)
This is direct from my FFL guy.

[jackelope]

(3)(a) Except as provided in this section, payment of the tax imposed by this chapter or chapter 82.08 RCW by one purchaser or user of tangible personal property, extended warranty, digital good, digital code, digital automated service, or other service does not have the effect of exempting any other purchaser or user of the same property, extended warranty, digital good, digital code, digital automated service, or other service from the taxes imposed by such chapters.

     (b) The tax imposed by this chapter does not apply:

     (i) If the sale to, or the use by, the present user or his or her bailor or donor has already been subjected to the tax under chapter 82.08 RCW or this chapter and the tax has been paid by the present user or by his or her bailor or donor;

     (ii) In respect to the use of any article of tangible personal property acquired by bailment and the tax has once been paid based on reasonable rental as determined by RCW 82.12.060 measured by the value of the article at time of first use multiplied by the tax rate imposed by chapter 82.08 RCW or this chapter as of the time of first use;

     (iii) In respect to the use of any article of tangible personal property acquired by bailment, if the property was acquired by a previous bailee from the same bailor for use in the same general activity and the original bailment was prior to June 9, 1961; or

     (iv) To the use of digital goods or digital automated services, which were obtained through the use of a digital code, if the sale of the digital code to, or the use of the digital code by, the present user or the present user's bailor or donor has already been subjected to the tax under chapter 82.08 RCW or this chapter and the tax has been paid by the present user or by the present user's bailor or donor.