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- JimFor example, assume an individual paid $1,500 to an out-of-state seller for a gun. The out-of-state seller shipped the gun to a Texas gun dealer. The customer picked up the gun at the Texas dealer's place of business and was charged a $25 transfer fee by the dealer. The $25 transfer fee is not considered a sale for Texas sales and use tax purposes and therefore is not subject to sales tax.
The purchase of the gun itself is, however, subject to Texas use tax. If the out-of-state seller does not collect the applicable Texas tax, then the purchaser is responsible for accruing and remitting the tax directly to the Comptroller's office. The Texas gun dealer handling the transfer is not responsible for collecting the use tax since the Texas dealer is not the seller of the gun. Purchasers may use a Texas Occasional Use Tax Return (Form 01-156) to report and remit the Texas use tax on the purchase of a firearm from an out-of-state gun dealer.
From the example, only the out of state sales/transfers are non taxable.allencp78 wrote:Transfer fees are not taxable in Texas.
http://www.window.state.tx.us/taxinfo/t ... .html#art8" onclick="window.open(this.href);return false;
I looked into this as soon as I had my FFL so I knew that I was treating my customers right.
Allen
Yes. The buyer is responsible for paying the tax on out of state purchases, including firearms and ammunition. http://www.window.state.tx.us/taxinfo/t ... 01-156.pdfmrvmax wrote:From the example, only the out of state sales/transfers are non taxable.allencp78 wrote:http://www.window.state.tx.us/taxinfo/t ... .html#art8
I looked into this as soon as I had my FFL so I knew that I was treating my customers right.
Allen
Whoever told you that is flat wrong.Salty1 wrote:We asked about the sales tax on the transfers and the state told us that we are required to collect and report the sales tax.
Firearms Sold by Out-of-State Dealers - Transfer Fees Charged by Texas Dealers
When a gun is purchased from out of state by an individual in Texas, federal law provides that the out-of-state seller must ship the gun to a Texas dealer for transfer to the individual.
Frequently, the Texas dealer will charge the purchaser a transfer fee to cover the costs of paperwork and handling. Because the gun was not purchased from the Texas dealer, the transfer fee does not represent a sale. Therefore, the transfer fee is not taxable.
For example, assume an individual paid $1,500 to an out-of-state seller for a gun. The out-of-state seller shipped the gun to a Texas gun dealer. The customer picked up the gun at the Texas dealer's place of business and was charged a $25 transfer fee by the dealer. The $25 transfer fee is not considered a sale for Texas sales and use tax purposes and therefore is not subject to sales tax.
The purchase of the gun itself is, however, subject to Texas use tax. If the out-of-state seller does not collect the applicable Texas tax, then the purchaser is responsible for accruing and remitting the tax directly to the Comptroller's office. The Texas gun dealer handling the transfer is not responsible for collecting the use tax since the Texas dealer is not the seller of the gun. Purchasers may use a Texas Occasional Use Tax Return (Form 01-156) to report and remit the Texas use tax on the purchase of a firearm from an out-of-state gun dealer.
Thanks for the warning.dogtowntom wrote:The purchase of the gun itself is, however, subject to Texas use tax. If the out-of-state seller does not collect the applicable Texas tax, then the purchaser is responsible for accruing and remitting the tax directly to the Comptroller's office. The Texas gun dealer handling the transfer is not responsible for collecting the use tax since the Texas dealer is not the seller of the gun. Purchasers may use a Texas Occasional Use Tax Return (Form 01-156) to report and remit the Texas use tax on the purchase of a firearm from an out-of-state gun dealer.
Yeah, the safe answer from the state will always be to collect the tax...Salty1 wrote:We asked about the sales tax on the transfers and the state told us that we are required to collect and report the sales tax.