Anyone ever buy a car that was registered with the Montana sales tax scam? | FerrariChat

Anyone ever buy a car that was registered with the Montana sales tax scam?

Discussion in '348/355' started by gobble, Aug 28, 2018.

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  1. gobble

    gobble Formula 3
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    I'm closing on a 458 Friday (probably not the right forum but I know you guys better) that has Montana license plates. The seller did the thing where he sets up a Montana LLC that registers the car in a state that just happens to have no sales tax.

    Has anyone ever come across this? The title is in the name of an LLC. Do I need to get some documentation that the seller is the sole member of that LLC and authorized to sign the car away? If anyone has knowledge of the logistics I'd be interested to hear what you've seen done on a transfer. This may be more complicated than simply signing the title?
     
  2. George Stubos

    George Stubos Rookie

    Aug 28, 2018
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    Hi, I'm no lawyer but if the title checks out as long as you have a document that says the guy selling the car is an authorized signatory of the LLC, for which you should be able to confirm with Montana State corporate registry, you should be ok. I think alot of people set up Montana corp. to own cars for tax reason, especially if they are collectors.
     
  3. phrogs

    phrogs F1 Veteran
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    Ask your DMV
     
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  4. gobble

    gobble Formula 3
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    I don't think they would have a clue, plus I'm in NYC at the moment.
     
  5. Stephen Ayers

    Stephen Ayers Rookie

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    It’s pretty standard. Just make sure the MT title is notarized.
     
  6. taz355

    taz355 F1 Veteran
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    Check the title and do a corporate search to ensure he has signing authority.
    If the corporation is in more than 1 name get them all to,sign is best case
     
  7. TrojanFan

    TrojanFan F1 Rookie
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    I have my cars registered in Nevada under my name and an LLC as the lender. Nobsales tax in Nevada on private party purchases.

    As others have said, just make sure the party signing has the authority to do so. They should have a Operating Agreement filed with the State which lists who has the authority to sign. You can usually check on line with most states if the LLC is curren, in good standing and who the organizer was.
     
  8. taz355

    taz355 F1 Veteran
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    Why the llc as a lender for insurance risk??
     
  9. gobble

    gobble Formula 3
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    Thanks guys. The secretary of state search was a good idea. The LLC is active and registration current but no documents uploaded that would show owners or signing authority.
     
  10. gobble

    gobble Formula 3
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    Montana has no sales tax. There are many collector cars registered there for that reason. I'm not making any judgement on legality.
     
  11. JimEakin

    JimEakin Formula Junior

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    I bought my 550 from a guy who registered the car in an LLC. I got a formal signing of transfer of ownership out of the LLC and proof (driver's license) that the LLC was owned by the seller. California had no issue with this when I registered the car.
     
  12. TrojanFan

    TrojanFan F1 Rookie
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    To register in Nevada I needed to have either a residence or a business address. Having the LLC gives me a business address. Also with California a community property state, if I owned the cars free and clear, were I to get divorced my wife could claim half of them. With the LLC holding the note, I don't own them free and clear. I do own 5% personally of the LLC and the other 95% is owned by another LLC that I own 100% of that was my sole property before marriage. Just layers of "protection" were something to happen. Not planning to but you never know.
     
  13. taz355

    taz355 F1 Veteran
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    Similar here except in Canada you need insurance you can not put up a bond or cash
     
  14. 97 Spider

    97 Spider Formula 3
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    There are thousands and thousands of cars that are owned by LLCs and companies that then get transferred to private buyers every year so there really shouldn’t be any issues as long as the signer has the authority with the registered entity. The reason WHY the car was owned by an LLC should have no bearing on the transfer.
     
  15. Texas Forever

    Texas Forever Seven Time F1 World Champ
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    Just be aware you’re actually buying a security, not a car. If it were me, I’d have the owner get the car out of the LLC first.


    Sent from my iPhone using FerrariChat
     
  16. taz355

    taz355 F1 Veteran
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    Actually I think this would be the safest as well but may not be do able
     
  17. gobble

    gobble Formula 3
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    I'm not sure what you mean. I'm buying the car, not the LLC interest. This LLC looks to have been established long before this car was purchased, probably for other cars. I guess this is no different than buying a car that is owned by any business, regardless of why the business owns the car.
     
  18. Smiles

    Smiles F1 World Champ
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    Right.

    He’s buying the asset (a car) not the entire EIN.

    I’d be sure to get a bill of sale.

    Matt
     
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  19. Texas Forever

    Texas Forever Seven Time F1 World Champ
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    Sorry, misunderstood.


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  20. gobble

    gobble Formula 3
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    John M, INTMD8, taz355 and 1 other person like this.
  21. taz355

    taz355 F1 Veteran
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    Nice lookin car. Only 1 i like better is the speciale
     
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