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Taxation on buying Semi-finished kit - CA

Prash

I'm New Here
First time builder buying semi finished kit from seller who also resides in California. I'm not sure how taxation will work for a transaction like this.
Will I be paying tax at the time of the registration? If yes, then how is this amount calculated.

Seller has all the receipts from Vans and Avionics.

Thanks in advance
 
Do not wait, there will be a late fee.
You owe CA sales tax of about 9% (depends on your county) due by April 2024. Based on purchase price.
When the bunch of parts turns into an airplane (you get your A/W certificate) you will owe an annual property tax(due in august of the year following A/W certificate.). Be ready to fight the assessor over the assessment amount.
 
Bob is from your great state... so he should know.

I don't know but in my experience in another state, you show the tax man your purchases and taxes you pay. You tell them the value of the plane and they tax the difference of tax paid and due.... There was no late fee.

At the time my state took my word for the value of aircraft (based on the cost of all the parts I bought). If they did it on the value, I would be paying tax on my own labor. Some states will do that.

May I suggest moving? Ha ha.
 
Bob is from your great state... so he should know.

I don't know but in my experience in another state, you show the tax man your purchases and taxes you pay. You tell them the value of the plane and they tax the difference of tax paid and due.... There was no late fee.

At the time my state took my word for the value of aircraft (based on the cost of all the parts I bought). If they did it on the value, I would be paying tax on my own labor. Some states will do that.

May I suggest moving? Ha ha.

That's when they were figuring the tax on one of these....
calculator.JPG
.........:D
 
Follow up

Paying the sales tax is straightforward. On your CA state income tax form there is a line that asks if you bought anything in the past year and now owe CA sales/use tax. Answer yes, fill in the price(s) paid, include the tax along with any income tax due.
Property taxes are handled by a different part of the government, and are due only for ‘airplanes’, not ‘airplane parts’. As soon as I registered and received an N number I got a letter from the state. I responded that I did not yet have an airplane, as I did not have an airworthiness certificate yet. They accepted that, and left me alone for a year. Airplanes are taxed annually effective Jan 1, although the tax isn’t due until aug. E.g., if you think your AW inspection will be in Dec, postponing it until Jan 2 or later will save you one year of property taxes. Also if you later sell your airplane anytime between Jan and Aug you will still get, and owe, a property tax bill in aug. I sent the state a copy of my insurance, showing declared hull value. They seemed happy with that. I hear that some county assessors are upping assessed values based on the high prices used RVs have been selling for lately. So far they’ve left me alone. They will send you a form every year, asking if you’ve made any improvments, e.g., new avionics, paint, etc.
 
Paying the sales tax is straightforward. On your CA state income tax form there is a line that asks if you bought anything in the past year and now owe CA sales/use tax. Answer yes, fill in the price(s) paid, include the tax along with any income tax due.
Property taxes are handled by a different part of the government, and are due only for ‘airplanes’, not ‘airplane parts’. As soon as I registered and received an N number I got a letter from the state. I responded that I did not yet have an airplane, as I did not have an airworthiness certificate yet. They accepted that, and left me alone for a year. Airplanes are taxed annually effective Jan 1, although the tax isn’t due until aug. E.g., if you think your AW inspection will be in Dec, postponing it until Jan 2 or later will save you one year of property taxes. Also if you later sell your airplane anytime between Jan and Aug you will still get, and owe, a property tax bill in aug. I sent the state a copy of my insurance, showing declared hull value. They seemed happy with that. I hear that some county assessors are upping assessed values based on the high prices used RVs have been selling for lately. So far they’ve left me alone. They will send you a form every year, asking if you’ve made any improvments, e.g., new avionics, paint, etc.

You mean county, not state. Property taxes are assessed by the county, and the taxes paid remain with that county.
 
You mean county, not state. Property taxes are assessed by the county, and the taxes paid remain with that county.

Yes, that’s mostly correct. I have to deal with the county property tax assessor. However, money destined for public schools goes to the state, then is redistributed back to the counties, with the goal of every school child getting the same dollars regardless of county. Schools have to report their attendance every day - if a child fails to show up the school gets less money. Who thinks government isn’t complicated!
 
Just wondering if the first person paid taxes on this, will the new buyer pay taxes again? I think the answer is yet but just checking to confirm it.

It really sucks how many different ways we pay taxes and still have to subsidies others such as TIPS, Gofundme or other ways they shame you to pay.
 
Just wondering if the first person paid taxes on this, will the new buyer pay taxes again? I think the answer is yet but just checking to confirm it.
.

CA has no "casual sales" law. Every time a car or airplane is sold, the new owner owes sales tax on the purchase price. I'm also pretty sure there are no refunds on registration costs from the DMV. e.g., even if you just renewed your annual registration, DMV won't refund anything. And the new owner immediately owes registration fees for a full year. There is no double taxation on the airplane property taxes. The owner of the airplane on Jan 1, and only that person, owes the taxes for that year. However, here's an odd one: the county assessor can apparently assess your airplane, for property tax purposes, at its "fair market value" PLUS the 9% sales tax you'd have to pay to acquire it (??!!). Oh, note for the OP: every year the county assessor will send you a form, asking about any improvements/changes. If you fail to return it, there is an automatic increase (I forget, 10 or 15%) in the appraised value, forever.
 
Went through this earlier this year. Not the exact scenario but pretty close. You'll have to pay sales tax on the kit you bought sooner or later. That is done on your yearly CA state tax return or directly through the cdtfa website. Sales tax is due "the month after the month the CDTFA contacts you" or within 12 months of purchase, whichever occurs first. This lets you pay for sales tax with your CA state return in April unless you get a letter from them sooner. Same as with cars, if the seller is willing to put a lower price on the bill of sale you can probably pay less sales tax, but it is technically fraud, so don't push it far enough to get audited. You'll also be on the hook for any remaining sales tax every year. If you buy anything that doesn't have sales tax collected, you'll have to pay that to CA with your yearly taxes. You'll have to prove every dollar of tax you pay while completing the kit, so save those receipts. In our case, the declared value of the plane was 112k and I had receipts for roughly 70k of parts, so I owed sales tax on 42k.

Now for the county... property tax is paid yearly to the county and every year you should receive an aircraft assessment form in order aid them in valuing your plane. Our county never sent us anything until I called to ask, then sent us a "past due" notice after saying we wouldn't receive anything until next year. The county form is interesting because it asks a lot about upgrades done after manufacturing. Since I built it, no upgrades were done after manufacturing, so not much went on the form for avionics or engine that would increase the cost of the plane.

The county tax timing is beyond crazy. If your plane is in the state on January 1st you owe the entire years taxes, which gets sent out in July/August for most counties. So if you ever want to sell or move your plane out of CA make sure to do it before New Year's. If you sell on January 2nd, you'll get a tax bill in July for the entire year and be on the hook to pay it. Each county is different, but once you've done first flight, it's in your best interest to call your county tax collector and see what the schedule is and how to make your first property tax payment. It's normally 1-1.2% of assessed value every year.
 
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Wow. All of this reminds me that California is a nice place to visit, but not somewhere i'd ever want to live. I couldn't afford it without having a Hollywood income.
 
Went through this earlier this year. Not the exact scenario but pretty close. You'll have to pay sales tax on the kit you bought sooner or later. That is done on your yearly CA state tax return or directly through the cdtfa website. Sales tax is due "the month after the month the CDTFA contacts you" or within 12 months of purchase, whichever occurs first. This lets you pay for sales tax with your CA state return in April unless you get a letter from them sooner. Same as with cars, if the seller is willing to put a lower price on the bill of sale you can probably pay less sales tax, but it is technically fraud, so don't push it far enough to get audited. You'll also be on the hook for any remaining sales tax every year. If you buy anything that doesn't have sales tax collected, you'll have to pay that to CA with your yearly taxes. You'll have to prove every dollar of tax you pay while completing the kit, so save those receipts. In our case, the declared value of the plane was 112k and I had receipts for roughly 70k of parts, so I owed sales tax on 42k.

Now for the county... property tax is paid yearly to the county and every year you should receive an aircraft assessment form in order aid them in valuing your plane. Our county never sent us anything until I called to ask, then sent us a "past due" notice after saying we wouldn't receive anything until next year. The county form is interesting because it asks a lot about upgrades done after manufacturing. Since I built it, no upgrades were done after manufacturing, so not much went on the form for avionics or engine that would increase the cost of the plane.

The county tax timing is beyond crazy. If your plane is in the state on January 1st you owe the entire years taxes, which gets sent out in July/August for most counties. So if you ever want to sell or move your plane out of CA make sure to do it before New Year's. If you sell on January 2nd, you'll get a tax bill in July for the entire year and be on the hook to pay it. Each county is different, but once you've done first flight, it's in your best interest to call your county tax collector and see what the schedule is and how to make your first property tax payment. It's normally 1-1.2% of assessed value every year.

What about if you go somewhere to spend new years holiday you will get to pay the tax for that year where you were vacationing? that can't be right.
 
Paying the sales tax is straightforward. On your CA state income tax form there is a line that asks if you bought anything in the past year and now owe CA sales/use tax. Answer yes, fill in the price(s) paid, include the tax along with any income tax due.
Property taxes are handled by a different part of the government, and are due only for ‘airplanes’, not ‘airplane parts’. As soon as I registered and received an N number I got a letter from the state. I responded that I did not yet have an airplane, as I did not have an airworthiness certificate yet. They accepted that, and left me alone for a year. Airplanes are taxed annually effective Jan 1, although the tax isn’t due until aug. E.g., if you think your AW inspection will be in Dec, postponing it until Jan 2 or later will save you one year of property taxes. Also if you later sell your airplane anytime between Jan and Aug you will still get, and owe, a property tax bill in aug. I sent the state a copy of my insurance, showing declared hull value. They seemed happy with that. I hear that some county assessors are upping assessed values based on the high prices used RVs have been selling for lately. So far they’ve left me alone. They will send you a form every year, asking if you’ve made any improvements, e.g., new avionics, paint, etc.

Bob, if you don't pay tax on "aircraft parts" (I guess you are quoting me?), then why would you pay tax on the kit early, or why would there be late penalty, as you said above? You are not wrong, but you don't understand the nuance of what I am saying. Let me explain.

Yes, first money takers, err tax collectors be it Fed or State or County have different departments, income, sales, property. The USE TAX or sometimes luxury tax folks are different, but they are all revenue.

My point is who says what you are taxed on, ie value of plane. Bob you indeed buy "Aircraft Parts", not an airplane. You (the manufacture) made an airplane from parts. However normally manufactures make something and sell it right away. The new owner buys and pays value or use tax. The businesses pay taxes as a business. KEY HERE TALK TO ACCOUNTANT, sometimes being the manufacture, you can waive sales tax and or defer it (to the future buyer). This varies by state. The tax will be collected when manufacture (you) sell the plane. However if this is not a business, then this may or may not be allowed. Also individuals at these money taker, err tax revenue departments in your state/county are individuals. One may intercept the tax law different from another. My one round years ago in Washington state went well. I have heard horror stories. However society has changed and Gov are grabbing money as fast as they spend it like water down the river or toilet, depending on perspective.

Example RV costs builder $60K in all the materials. The builder paid state/local tax on $30K of those parts. The builder (manufacture) pays 100% of the parts. The labor is taxed by payroll tax in a large company. The plane with $60K of parts is now worth $130K. Many states want the FULL VALUE of the aircraft as if you bought the EAB plane as if finished for you. You pay tax on your own labor. Some states/counties that is their position. They are going on value of the finished plane not "aircraft parts" as Bob says. However other revenue departments will accept your stack of receipts for kit, engine, prop, panel, and say pay tax on that (minus any tax already paid). THIS IS WHERE KEEPING RECORDS OF TAXES YOU PAID AS YOU GO IS IMPORTANT. :eek:

Youtube MotoGrip channel. Mike built or had a SLING built, fully loaded. He did a video on the taxes.

The IRS Came After My Plane For Taxes
https://youtu.be/g-wGBQn1j8A?si=SFuhNRQyM8n70RhY

Some states, I know OP is California, in general will go to Trade-Plane, Barnstormers, etc. They will want to tax you on a comprisable RV-(). About "aircraft parts", SAVE your receipts. Any sales tax (state/local) on parts you already paid can reduce your tax liability by the amount of tax paid. In my state if I pay to have an engine overhauled, parts AND LABOR by engine shop are taxed. So my state has NO PROBLEM charging me tax on my own labor...

Bob my point my friend is YOU MAY BE PAYING TAX ON YOUR LABOR.

Some states are great. Use tax can be nil to small on your Airplane or Boat. It may just be a flat registration. It varies. Consult your accountant or call your states tax folks.

There is LLC or making the plane a business. You have to go through hoops to set that up. In my case I do transition training. So it gets complicated, but not so much you can't educate your self. However now you may be paying business taxes. As I said the first time MOVE... Ha ha.

In my case I will not be registering my plane in my current domicile. I am moving for more reasons than tax, which is 9.75%, On a 180HP, CS Prop, IFR RV-7, No I am not giving them $10K in taxes. Most of my parts were bought sans sales tax. The only saving grace is they accept my receipts on my current project which would lower the tax liability by 60% or more. Still a lot of money.

BOTTOM LINE ANYONE READING THIS... Start your tax strategy early. If you think you are going to register it with Aunt Dorthy in another state to lower tax liability, come again. The states do check N numbers. If your plane is parked and operated out of an airport they can easily check that. If it is registered to you with address X and the plane has registration at address Y. They flag it. You will get the "Records show you own aircraft NXXXX and live at 100 Airman Way, Skyline XX. Please call this number to discuss your tax liability. IT HAS HAPPENED. In Seattle one of the Internet/MS moguls (Paul Allen I recall don't quote me) had all his luxury cars and jets registered in Portland Oregon, cheaper than Washington state. The cars were parked at his home in the garage and driveway, at his home on Lake Washington Seattle. The Jets were parked at his hanger at Boeing Field (KBFI), Seattle. So they went after him.

In fact I long ago when I lived in Washington state, I flew my 1958 Piper Apache several times a week to BFI, commute to work. I landed and State Troupers were on ramp recording N-Numbers. Mine was one. I got a letter. I had bought it a year earlier. Never paid tax on it. It turned out the bill of sale was written for less than what I paid. I never noticed. Still it was a little unexpected expense.

Every state is different and even by counties within the state. Do your homework, keep records and consider tax accountant. As knowable as Bob is do your own foot work. It may vary by your situation and location. If you BUY a flying RV that is straight forward. They will tax you for what you paid. If you are lucky and live in a state where planes are not taxed or nominal registration consider yourself lucky.

My state, city has public utility which is government, so yes poorly run and they just jacked prices up 12%. Also they just raised personal car/vehicle yearly "Axial" tax $25. I will stop there, but needless to say services of both city and utility are terrible. Time to move not only for tax but social issues.
 
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To answer your first question: in CA you are obligated to pay sales/use tax within the first 12 months after purchase of nearly anything, including airplane parts. However, the annual property tax is only applied to ‘airplanes’, not a box of parts, so it is only due in the years following Jan 1 when you owned an ‘airplane’, e.g., it had an AW certificate.
As far as business exceptions to the tax rules, remember that an EAB was built for your personal education or enjoyment. That makes it hard to claim tax exceptions for your ‘business’, although I’m sure some have tried.
 
What about if you go somewhere to spend new years holiday you will get to pay the tax for that year where you were vacationing? that can't be right.

Property taxes are assessed to those with a ‘presence’ in the state for some specified time, e.g., usually residents. But if you frequently (I forget the number of days) park your airplane in CA (and the state does check) you’ll get a tax bill.
 
What about if you go somewhere to spend new years holiday you will get to pay the tax for that year where you were vacationing? that can't be right.

CA tracks N numbers through flight aware or other location services. If it's in the state more than 30 days in a year you get a tax bill. There's a few exceptions for maintenance, but in general they'll find you.
 
Property taxes are assessed to those with a ‘presence’ in the state for some specified time, e.g., usually residents. But if you frequently (I forget the number of days) park your airplane in CA (and the state does check) you’ll get a tax bill.

Ref. the BOE handbook on assessment of aircraft...it involves the determination of situs, and what portion of it is in California vs. other states.

It's not like if you vacation in California for 30 days over the course of a year, they tax your plane at full value as if it lived here the entire year.

Of course, IANAL...
 
Property taxes are assessed to those with a ‘presence’ in the state for some specified time, e.g., usually residents. But if you frequently (I forget the number of days) park your airplane in CA (and the state does check) you’ll get a tax bill.
Great points. Just that people reading this, keep in mind every state is different and even within a state, different counties within that state may vary. You may have to pay state and county tax.

Some states charge much less, flat fee or no tax on an airplane. As I said move. Ha ha.

Although business jet site this is interesting.
https://bjtonline.com/business-jet-news/state-and-local-taxes

Bob do you know if you already own the plane, paid taxes outside of California, move to CA with your plane, do you have to pay or fees? Taxes? This is where USE tax or LUXURY tax comes in with some states. It can be one time or annual registration fee/tax. Besides sales tax, other fees/taxes is either fixed flat rate or value based in some states. Who values a kit plane you built with your labor. Tax on your kit plane can be convoluted, a s very expensive.

https://www.eaa.org/eaa/aircraft-bu...en-you-build-a-homebuilt-aircraft-an-overview
 
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Bob do you know if you already own the plane, paid taxes outside of California, move to CA with your plane, do you have to pay or fees? Taxes? This is where USE tax or LUXURY tax comes in with some states. It can be one time or annual registration fee/tax. Besides sales tax, other fees/taxes is either fixed flat rate or value based in some states. Who values a kit plane you built with your labor. Tax on your kit plane can be convoluted, a s very expensive.

https://www.eaa.org/eaa/aircraft-bu...en-you-build-a-homebuilt-aircraft-an-overview

1. You’ll owe (about 1% of assessed value) property tax every year that you were living in CA on Jan 1. When/where you purchased the plane is not relevant for this.
2. In general you will not pay sales/use tax. However, you will be charged sales/use tax if you bought the plane ‘just prior’ to your move. I forget the time period defining ‘just prior’, it might be 6 months. This is to prevent people from ‘moving’ to NV for one week, buying an airplane, then ‘moving’ back.
 
Same as with cars, if the seller is willing to put a lower price on the bill of sale you can probably pay less sales tax, but it is technically fraud, so don't push it far enough to get audited.

You can safely remove the word “technically.” :D
 
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