Taxes on selling racecar in NY state? | FerrariChat

Taxes on selling racecar in NY state?

Discussion in 'New York Tri-State' started by fire_n_ice, Sep 30, 2015.

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  1. fire_n_ice

    fire_n_ice Formula 3

    Jun 9, 2006
    1,087
    Hey guys, anybody have experience buying or selling a (non street legal) racecar in New York state and know what sales or transfer taxes would apply? And who would pay the tax, buyer or seller?

    Lastly, if the seller is not a NY resident, do the same taxes apply?

    Thanks in advance.

    Sent from my SM-G925W8 using Tapatalk
     
  2. UAS

    UAS Formula 3
    BANNED

    Jul 2, 2008
    1,193
    Glen Cove, NY
    If you are buying from a private person and not a dealer, and the car cannot be registered, there is no tax for the buyer, regardless of what state the buyer/seller is of residence.

    If you are a NY resident, and buying from a NY licensed dealer, you will have to pay sales tax, regardless of the car not being able to be registered.

    If you are buying from a NY dealer, and you are NOT a NY resident, there is no sales tax since you live out of state.

    Hope this helps
     
  3. Racerfred

    Racerfred Karting

    Mar 6, 2004
    110
    Long Island, NY
    If you are buying from a private person and not a dealer, and the car cannot be registered, there is no tax for the buyer, regardless of what state the buyer/seller is of residence.

    Not true - the rule is any purchases made by a NYS resident regardless of where the purchase was made is subject to sales or use tax. If it is a private sale - the purchaser is required to pay the use tax (same as sales tax) if the purchaser is a NYS resident.

    See line 59 of your NYS IT-201 tax return.

    Here are the instructions to Line 59:

    Line 59 – Sales or use tax
    Report your sales or use tax liability on this line.
    You owe sales or compensating use tax if you:
    • purchased an item or service subject to tax that is delivered
    to you in New York State without payment of New York State
    and local tax to the seller; or
    • purchased an item or service outside New York State that is
    subject to tax in New York State (and you were a resident of
    New York State at the time of purchase) with subsequent use
    in New York State.
    Note: You may be entitled to a credit for sales tax paid
    to another state. See the exact calculation method in the
    instructions for Form ST-140, Individual Purchaser’s Annual
    Report of Sales and Use Tax.

    That is the law - the reality is virtually no one ever pays the use tax.
     
  4. UAS

    UAS Formula 3
    BANNED

    Jul 2, 2008
    1,193
    Glen Cove, NY
    I stand corrected..forgot about use tax!
     
  5. fire_n_ice

    fire_n_ice Formula 3

    Jun 9, 2006
    1,087
    Thanks guys. So to summarize, the buyer (if they are a New York resident) is responsible for reporting and paying the tax. The private seller does not have to collect the tax. Sound correct?
     
  6. Racerfred

    Racerfred Karting

    Mar 6, 2004
    110
    Long Island, NY
    That is correct.
     
  7. fire_n_ice

    fire_n_ice Formula 3

    Jun 9, 2006
    1,087
    Thanks again.
     

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