Montana LLC's

[GDeen]

When I was at Prevost FW a month ago, I saw 2 motorhomes and 3 entertainers with Montana plates. Going to be lots of unhappy folks.

[jack14r]

If the LLC has a Montana address,wouldn't it be impossible for a state to figure out who owns the coach?Bennett Law uses their address in Montana for the LLC.

[James]

Move to Alaska, tags and registration is $134.00 for our bus, $12.00 if you're over 65.

[Timia]

Hello there,

We met you in Indio a while back. We are just about to cross the border with Canada from Wisconsin and are heading back to Anchorage. I just registered our coach in Alaska and paid around $800.00 or so. Did I miss something or do it the wrong way? We have had a nice time in the lower 48 and are now heading back to fish PWS for the summer. Hope you have happy trails.

Tim and Mia
1999 Marathon XL 40

[HarborBus]

Wow Tim, this is your first post to the asylum. Let me be the first to officially welcome you. I know you have been hanging out so I'm glad to see you finally jumped in. So your headed home, did Beaumont get you bus put right? You guys have a safe trip.

[James]

Hello there,

I just registered our coach in Alaska and paid around $800.00 or so.
Tim and Mia
1999 Marathon XL 40

Hi Tim,

We registered ours in Eagle River and paid $134.00. Our previous one, a 2005 CC was $203.00. Don't know why you're having to pay $800.00.

We'll be hanging out at the Marathon place for the next couple of weeks and will be following in your tracks on the way to Anchorage. Let me know how the road is this year.

[Jim Skiff]

Article about a Colorado RV Owners: http://www.fmca.com/index.php/motorh...to-tax-evasion

[ToyMan]

Yesterday I registered my bus in Florida where I reside. Total cost was $151. I will explain.

When I acquired the bus, I did not buy it outright. I bought the seller's Montana LLC. So I was the owner of the LLC and all of it's assets which included the bus.

I then held a "member" meeting and voted to dissolve the LLC. My registered agent submitted the LLC "Minutes of the meeting" to the Secretary of State of Montana and the request to dissolve was granted.

Now I had a Montana title in hand as well as the letter from the Secretary of State declaring that the LLC was dissolved.

I then took the Montana title, meeting Minutes, and the dissolution letter to my county tag agency. I also took a license tag that had come off of my previous motor home. Although the tag had expired, Florida law allows me to re-instate the tag so I would not have to pay the "impact fee" which, I believe, is $250.

Why no sales tax? Well, Florida has a "Procedure # TL-08", subject "Sales and use tax -- Transfer of motor vehicles and mobile homes". Within that procedure is is a list of situations that are EXEMPT from sales tax.

More specifically, Section C, item 7 which states "Transfer of certificate of title by a dissolved corporation to one of it's stockholders as part of the stockholder's ratable portion of the corporations assets. It does not constitute a sale of a motor vehicle to the stockholder."

This procedure falls under Florida Administrative Rule § 12A-1.007 (25)(a)

http://www3.flhsmv.gov/dmv/Proc/TL/TL-08.PDF

Below is an excerpt from the rule:

C. THE FOLLOWING SITUATIONS ARE EXEMPT FROM SALES TAX:

1. Even trade of another motor vehicle, mobile home or vessel.
2. Trade down.
3. Divorce, a copy of the Divorce Decree must be submitted with the application for certificate of title.
4. Inheritance.
5. Gift (No lien assumed).
6. Transfer of a certificate of title from a partnership to one of the partners as part of the final dissolution of the partnership.
7. Transfer of certificate of title by a dissolved corporation to one of its stockholders as part of the stockholder's ratable portion of the corporation's assets. It does not constitute a sale of a motor vehicle or vessel by the dissolved corporation to the stockholder.
8. When a Florida licensed motor vehicle dealer or a vessel dealer applies for a Florida Certificate of Title in the dealership’s name with or without a lien and the motor vehicle or vessel is being held in inventory for sale in the regular course of business, or is being operated in connection with such dealer’s business with a dealer’s license plate pursuant to section 320.13, Florida Statutes, if applicable.
9. Transfer of a certificate of title into the name of the surviving corporation by reason of corporate consolidation or merger in accordance with Chapters 607 or 617, Florida Statutes, or a reorganization as defined in Section 368(a)(1), of the Internal Revenue Code, solely in exchange of stock.

[JIM CHALOUPKA]

If the LLC has a Montana address,wouldn't it be impossible for a state to figure out who owns the coach?Bennett Law uses their address in Montana for the LLC.

I would think your right Jack and I wonder the same.

If a corporation is created in Montana and a Montana attorney performed the task for an out of state client and that attorney was the statutory agent keeping the corporate "book" for that corporation, the attorney would be the only one shown on any record that is public.

The attorney would be the only individual that would know the identity of his client, in other words the only one that could link an out of state client to a Montana corporation would be the attorney that was/is the statutory agent for that clients corporation.

Where I see the possible problem for some is if they choose a corporation name that possibly was their own name that could easily be linked to them.

example; any state buys records showing, xyz corp of Montana, books kept by abc attorney.

How would the state buying that record know it was connected to anyone in their state.

Further, if forming the corporation is legal in Montana and the States involved have reciprocity of their laws then what is the problem, the corporation has done no wrong.

I am theorizing here and do not know for sure if what I have said is true, but it seems so to me.



JIM

[Reagan Sirmons]

Jim, the taxing authorities know the attorneys involved, make no mistake. Second, these attorneys cannot knowingly participate in a sheme designed to evade the payment of state sales taxes. This is not an act of avoidance, it is an act of evading and circumventing established law. You must make certain assurrances and representations that will come back to bite you badly. Third, if a coach is kept in Texas more than a very brief time, (60 days), the ownership must be transferred according to the law and proof of taxes provided at transfer. Fourth, there is no reciprocity among Texas and other states in this type of transaction according to our lawyer.
At least that is the way Texas sees it. I can not disagree. I am not interested in seeing a fellow motorcoach owner evade taxes that law abiding citizens pay .

Just my thoughts respectfully submitted.
Reagan
Pres