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NY / NJ State Sales Tax Issue / Question

Discussion in 'General Yachting Discussion' started by Captjohnny, Dec 7, 2009.

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  1. Captjohnny

    Captjohnny New Member

    Joined:
    Dec 7, 2009
    Messages:
    1
    Location:
    Jersey City NJ
    THANKS in advance for any and all help:

    I purchased a boat in NJ 4 years ago, and had my father co-sign the loan for me per the banks request. He lives in NY. The dealer listed my father first on all the loan paperwork and bill of sale. We purchased the boat in NJ and we paid NJ sales tax at the time of sale.

    The boat was then documented to home port in NJ, and state registered in NJ, and has been slipped in NJ the entire life of the boat.

    NY State recently hit my father with NYS sales tax bill with 4 yrs penalty and interest, which doesn't make sense because we paid NJ sales tax, and the boat lives and is registered in NJ. The dealer says even though the paperwork is messed up and my father looks like an owner, the sales tax on boats follows the boat and not the purchaser. He said if you live in NY but have a condo in FL, and you buy and keep a boat in FL, NY has nothing to do with it. I am seriously stressing because my father is only supposed to be a co-signer and have no other issues. I pay the note, slip, insurance etc and he hasn't touched a thing.

    I have no idea where to go because my accountant seems very green on this, and NY wants slip receipts, winter contract receipts etc which I have provided but they don't seem like they are satisfied at all. Are they on a fishing expedtion, or do I have to pay sales tax TWICE???

    Thanks much much much in advance for shedding any light on this
  2. jhartog

    jhartog New Member

    Joined:
    Jun 13, 2009
    Messages:
    52
    Location:
    Sag Harbor
    A boat with home port in FL pays FL tax and a boat with home port in NY pays NY tax. I believe this is fairly straight forward and you should not have difficulty sorting this out nor lose too much sleep over it.
  3. jhartog

    jhartog New Member

    Joined:
    Jun 13, 2009
    Messages:
    52
    Location:
    Sag Harbor
    sorry - I meant NJ v NY. But in any event, you are looking at a 1.625% difference, which = $1625/$100K of boat.
  4. jhartog

    jhartog New Member

    Joined:
    Jun 13, 2009
    Messages:
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    Location:
    Sag Harbor
    sorry to belabor but here is addtl info:

    For sales or long-term leases of motor vehicles and certain boats, the
    point of delivery does not necessarily determine the rate of sales tax to
    be collected.

    Sales of motor vehicles and boats to individuals
    If the purchaser or lessee is an individual who is a resident of New York
    State and the individual takes delivery of a motor vehicle or boat within
    New York State, sales tax is to be collected at the rate in effect in the
    local jurisdiction where the individual is a resident. If the individual is a
    resident of New York State and has one or more residences outside of
    New York State, sales tax is to be collected at the rate in effect in the
    local jurisdiction where the individual is a New York State resident.
    If an individual is a resident of more than one local taxing jurisdiction
    within New York State (whether or not the individual has one or more
    residences outside of New York State), sales tax is to be collected at
    the rate in effect in the local jurisdiction within New York State where
    the vehicle is principally garaged or the boat is principally stored. The
    storage of a boat also includes mooring.
    If the purchaser or lessee is an individual who is not a resident of
    New York State, generally, no sales tax is imposed unless the vehicle or
    boat is registered in New York State.
    If the vehicle or boat is registered in New York State,
    sales tax is to be collected at the rate in effect in the jurisdiction where
    the vehicle or boat was delivered to the purchaser.
  5. NYCAP123

    NYCAP123 Senior Member

    Joined:
    Mar 14, 2008
    Messages:
    11,208
    Location:
    Long Island, NY
    I believe putting your father first on the note was a BIG mistake. Although you didn't say, I'm guessing that the documentation then went under his name but listed your address. That's an old ploy for dodging NY sales tax. People used to do their shopping on 5th Ave. and ship things to their kids address across the river. They've slammed that door shut. IF the documentation lists him as 1st owner he needs to own a residence in NJ at the time of purchase. You need a very good tax man.
  6. Loren Schweizer

    Loren Schweizer YF Associate Writer

    Joined:
    Apr 20, 2004
    Messages:
    1,352
    Location:
    Coral Gables/Ft. Laud., FL
    Captjohnny: you might also inquire as to the degree of reciprocity NY enjoys with NJ, and I'll wager there's a lot.
    Generally, as I understand it, states enquire of other states (reciprocal) whether a boatowner paid sales tax in that other state, i.e., if you paid your 'pound of flesh' somewhere, they might just be interested in the difference.
    Here in FL, the Dept. of Revenue 'talks' to TX, for example. You bought the boat here, but paid the sales tax in TX, and then came back here...no problemo, sez the State...just as long as you paid somewhere in a US taxing jurisdiction (Bahamas doesn't count, or at least it didn't used to).