Feb
Back in 2005 we lived in NC, my husband was a contractor for my uncles HVAC bizz. We bought a van, under the incorporation, so that saved us sales tax on the van. Well in 2006 we moved to WV, hubby's incorp. was dissolved and we switched the van over to WV, and paid WV sales tax on it. We recently traded the van in on a car I could use, the deal has been signed, its been almost 2 months. The dealer has paid the van off, and has the title on the van. Now the dealer says that the DMV wont swtich the title over from a NC title to a WV title because we now have to go back and pay the taxes on the van. Is this allowed and should we have to pay that, although the deal has been signed?
Answer:
I am an auto dealer in NJ and we regularly do business in NJ PA, DE, MD, NY.
If I am reading this correctly you were except from sales tax, , in whole or part when you purchased the van for your business in NC. When you moved, you changed the title to WV and paid the required sales tax. Why there is still a NC title is what is baffling me. You can not get a state registration without changing the titled state of ownership. In that case the NC title is not the actually title for this vehicle, the one from WV is. It is possible that the bank lost the new title, or sent the old one.
If you did NOT pay NC or WV sales tax on the van, or any state for that matter, you may have a sales tax issue. Not with the dealer, but with NC. If you knowingly entered into an agreement to pay reduced tax on you new vehicle (Price - trade value = taxable amount) and you were not entitled to that, you may want to rethink the "we signed a deal" position.
All the dealer needs to do is ask for help from the state, and I would assume that they would consider that you escaped the taxes as "fraud".
Now, I would not take the dealer's word .. get your records together and call or write to NC for a clarification. If you actually owe tax, it is not to the dealer, but to the state that is entitled to it. Make the payment directly and get receipts.
Answer:
Sorry, but yes, that's the way it works. You were allowed a tax break only when the vehicle belonged to the corporation. Once you sell it, you or the purchaser must pay those taxes because it is now a privately owned vehicle. It doesn't eliminate the tax burden, it only shifts it. I have gone through the same thing here in Oklahoma with selling surplus business equipment. Book Mark it-> del.icio.us | Reddit | Slashdot | Digg | Facebook | Technorati | Google | StumbleUpon | Window Live | Tailrank | Furl | Netscape | Yahoo | BlinkList