Rockman
Member
The headline on Sunday's Casper (WY) Star Tribune states that sales tax will no longer be collected on firearms at gun shows. Read the article at trib.com.
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Wyoming to stop sales tax at gun shows
- Thread starter Rockman
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By JOAN BARRON -Casper Star-Tribune capital bureau | Posted: Sunday, July 4, 2010 2:00 am |
CHEYENNE -- The Wyoming Department of Revenue has suspended sales tax collections from gun shows because of increasing animosity toward the state's field tax agents.
Dan Noble, director of the department's excise tax division, said Friday that an incident at a gun show triggered the decision.
He added, however, that resistance from gun show sponsors and participants has been a recurring problem statewide.
"I have 10 field reps throughout the state, and every one of them has experienced some animosity," he said. "Folks are nervous anyway because there are guns there. I don't want to put my people at risk."
Guns shows, like craft shows, are required to set up temporary sales tax licenses but do not have to pay the $60 fee for a permanent sales tax license.
The department's field tax representatives attend the shows and ask the sponsors to distribute tax forms to the sellers who, in turn, are required to collect and remit sales tax to the Department of Revenue.
Noble said the tax agents have never had a problem with compliance from the craft shows, for example.
"We tend to have more trouble at gun shows than any place," Noble said Friday in an interview. "This last incident was something I felt kind of crossed the line and, because of it I have suspended our activity in trying to collect this until we can get a better way of approaching it."
He said the "climate" has changed and some of the gun show people are "fairly extreme."
Noble said he didn't want to identify the show where the incident took place because the problem has been statewide.
Anthony Bouchard, executive director of the Wyoming Gun Owners' Association, said the only confrontation he knew of was at a gun show in Pine Bluffs. The gun show participant involved was an "in your face" type, he said, adding that he did not believe there was any threat made.
"I think they're trying to create a political climate, to make it sound like a bigger thing than it is," he said.
The position of his group, Bouchard said, is that the state shouldn't charge sales tax on gun and ammunition sales because of the Second Amendment right to bear arms.
"Everybody's on edge," said John Wise, director of the Pine Bluffs Shooting Association and of the gun show.
Identifying himself as a "tea partier and damned proud of it," Wise said Friday that people are angry at the federal government over health care reform and other actions.
Wise said he was sitting at the front desk during the April gun show at Pine Bluffs when a participant got into a confrontation with a state sales tax representative. The tax agent called for backup from the Pine Bluffs Police Department.
Wise said the police officer intervened, the tax agent left and no charges were filed. He said he thought both men had "short fuses."
A police report from Pine Bluffs said only that there was a disturbance at the gun show and that one person, a man, was escorted from the building by police.
Wise said that individual gun owners who pay $30 to rent a table at a gun show so they can sell a couple of guns should not have to collect sales tax for the state.
Bouchard said he will personally work on legislation to exempt gun show sales from the state's sales tax.
Noble said he plans to contact local representatives of the National Rifle Association to see if they have any recommendation to avoid these problems. Since other states are having the same problem, Noble said he will contact them as well.
"The last thing in the world I want to do is to involve law enforcement in something like this," he said. "If that's what it takes, I guess we do it. I would rather wait and see if we have opportunity to work with people so it's not threatening to my employees."
Noble informed members of the Legislature's Joint Interim Revenue Committee Thursday of his decision because at some point legislation may be necessary, he said.
CHEYENNE -- The Wyoming Department of Revenue has suspended sales tax collections from gun shows because of increasing animosity toward the state's field tax agents.
Dan Noble, director of the department's excise tax division, said Friday that an incident at a gun show triggered the decision.
He added, however, that resistance from gun show sponsors and participants has been a recurring problem statewide.
"I have 10 field reps throughout the state, and every one of them has experienced some animosity," he said. "Folks are nervous anyway because there are guns there. I don't want to put my people at risk."
Guns shows, like craft shows, are required to set up temporary sales tax licenses but do not have to pay the $60 fee for a permanent sales tax license.
The department's field tax representatives attend the shows and ask the sponsors to distribute tax forms to the sellers who, in turn, are required to collect and remit sales tax to the Department of Revenue.
Noble said the tax agents have never had a problem with compliance from the craft shows, for example.
"We tend to have more trouble at gun shows than any place," Noble said Friday in an interview. "This last incident was something I felt kind of crossed the line and, because of it I have suspended our activity in trying to collect this until we can get a better way of approaching it."
He said the "climate" has changed and some of the gun show people are "fairly extreme."
Noble said he didn't want to identify the show where the incident took place because the problem has been statewide.
Anthony Bouchard, executive director of the Wyoming Gun Owners' Association, said the only confrontation he knew of was at a gun show in Pine Bluffs. The gun show participant involved was an "in your face" type, he said, adding that he did not believe there was any threat made.
"I think they're trying to create a political climate, to make it sound like a bigger thing than it is," he said.
The position of his group, Bouchard said, is that the state shouldn't charge sales tax on gun and ammunition sales because of the Second Amendment right to bear arms.
"Everybody's on edge," said John Wise, director of the Pine Bluffs Shooting Association and of the gun show.
Identifying himself as a "tea partier and damned proud of it," Wise said Friday that people are angry at the federal government over health care reform and other actions.
Wise said he was sitting at the front desk during the April gun show at Pine Bluffs when a participant got into a confrontation with a state sales tax representative. The tax agent called for backup from the Pine Bluffs Police Department.
Wise said the police officer intervened, the tax agent left and no charges were filed. He said he thought both men had "short fuses."
A police report from Pine Bluffs said only that there was a disturbance at the gun show and that one person, a man, was escorted from the building by police.
Wise said that individual gun owners who pay $30 to rent a table at a gun show so they can sell a couple of guns should not have to collect sales tax for the state.
Bouchard said he will personally work on legislation to exempt gun show sales from the state's sales tax.
Noble said he plans to contact local representatives of the National Rifle Association to see if they have any recommendation to avoid these problems. Since other states are having the same problem, Noble said he will contact them as well.
"The last thing in the world I want to do is to involve law enforcement in something like this," he said. "If that's what it takes, I guess we do it. I would rather wait and see if we have opportunity to work with people so it's not threatening to my employees."
Noble informed members of the Legislature's Joint Interim Revenue Committee Thursday of his decision because at some point legislation may be necessary, he said.
CAJUNLAWYER
Member
Not a very flattering story 
truckemup97
Member
Not flattering, but are used items taxed in Wyoming? Do they go to garage sales to ensure the collection of tax?
Most, if not all, of the folks selling new guns are already collecting sales tax under their own tax license. If, as in Oklahoma, taxes aren't required on used items, then what is the state even doing at the shows?
Most, if not all, of the folks selling new guns are already collecting sales tax under their own tax license. If, as in Oklahoma, taxes aren't required on used items, then what is the state even doing at the shows?
All (01)FFL's are a "Business", and therefore must have a sales tax license and collect taxes. This should only affect non-FFL's. Do they collect sales tax on Garage Sales?
bmx
Member
We live in Oklahoma City and my wife had a yard sale which she had to buy a permit for thru the water department. About a week or so later the city sent a form wanting to know the dollar amount of total sales and to send in 8.375% sales tax.
So yes, at least in Oklahoma City, the government taxes used items.
I hope they are holding their collective breath waiting for our return check
attached to the "SALES TAX REPORT"
So yes, at least in Oklahoma City, the government taxes used items.
I hope they are holding their collective breath waiting for our return check
attached to the "SALES TAX REPORT"
From the taxman's point of view, gun shows are target rich environments and garage sales are not. If every garage sale had a million dollars worth of items up for purchase, I guarantee you a tax man would be there.
I have paid sales tax on used items in consignment stores and thrift stores for years. I pay sales tax on consignment guns at my local gun store. In California (and I imagine other states too), large private party transactions (mostly involving vehicles, boats, trailers, that kind of thing) are subject to a use tax -- basically a sales tax under another name -- that is applicable to the stated transaction amount. You'd be amazed how cheaply you can buy a used car from your neighbor down the street, based on the declarations that are filed with the DMV at re-registration.
So it varies from state to state. There is no general principle of tax exemption conferred by the second amendment, private party transaction, or the "used" condition of the item being sold. If the Wyoming legislature wants to tax gun sales at gun shows, they can do it. If they don't want to, they can stop it. If they decide to enforce collection and the majority of the residents are in disagreement, the voters can change the legislature.
Thank you for allowing me to straighten this out for everyone.
I have paid sales tax on used items in consignment stores and thrift stores for years. I pay sales tax on consignment guns at my local gun store. In California (and I imagine other states too), large private party transactions (mostly involving vehicles, boats, trailers, that kind of thing) are subject to a use tax -- basically a sales tax under another name -- that is applicable to the stated transaction amount. You'd be amazed how cheaply you can buy a used car from your neighbor down the street, based on the declarations that are filed with the DMV at re-registration.
So it varies from state to state. There is no general principle of tax exemption conferred by the second amendment, private party transaction, or the "used" condition of the item being sold. If the Wyoming legislature wants to tax gun sales at gun shows, they can do it. If they don't want to, they can stop it. If they decide to enforce collection and the majority of the residents are in disagreement, the voters can change the legislature.
Thank you for allowing me to straighten this out for everyone.
Don't know about your home state, but here in NY everytime a vehicle gets sold, the new owner pays sales tax to register the vehicle. The vehicle could change hands 5 times a year and still the tax has to be paid. Robbery of the citizens, I know.
JcMack
Member
Wait till the end of next year. You ain't even seen taxation yet.
charlie sherrill
SWCA Member
Allowing the Bush tax cuts to expire will be a huge tax increase, no matter how anyone tries to paint it. If we vote the right folks in in November we might be able to prevent this and a lot of other stuff that our children and grandchildren won't be able to pay for. I've seen those tax forms passed around at gun and antique shows. I usually leave them blank or give them a dollar if someone insists they be filled out. They haven't come after me yet.
keith44spl
Member
Well here goes,
Had a table at a pretty nice show...Some guy came around with a sales tax return form, he says,"When you complete your sales, please collect 6% sales tax on each sale (or what ever % it was) fill out return and mail to State (Dept. in charge of collecting taxes), ect...
Well, didn't make any sales, table for display only.
Throw return in briefcase, forgot about it. About three or four month later get a letter from State Sales Tax Collection Agency. Said I was to remit the sum of $10,000.00 for sale tax due from sales at that show.
Well this ol' cowboy just about chins the moon, now has to gets on the horn to anybody and everybody connected to that bunch of crooks...After 'bout six furlongs of run around I final get hold of a veteran agent and he tell me,"Oh we just send them letters out to get folks attention"...I says, "Well y'all sure as hell got my mine!"
I'd never been that aggrrrrvated before or sinse. Rant Off for Now.
Su Amigo,
Dave
Had a table at a pretty nice show...Some guy came around with a sales tax return form, he says,"When you complete your sales, please collect 6% sales tax on each sale (or what ever % it was) fill out return and mail to State (Dept. in charge of collecting taxes), ect...
Well, didn't make any sales, table for display only.
Throw return in briefcase, forgot about it. About three or four month later get a letter from State Sales Tax Collection Agency. Said I was to remit the sum of $10,000.00 for sale tax due from sales at that show.
Well this ol' cowboy just about chins the moon, now has to gets on the horn to anybody and everybody connected to that bunch of crooks...After 'bout six furlongs of run around I final get hold of a veteran agent and he tell me,"Oh we just send them letters out to get folks attention"...I says, "Well y'all sure as hell got my mine!"
I'd never been that aggrrrrvated before or sinse. Rant Off for Now.
Su Amigo,
Dave
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darmtn1917
Member
I know the Franchise Tax board makes "raids" on swap meets here and if your a regular(more than twice a year) you must have a license and collect sales tax.
Question is -do they collect tax on used books at a book fair. Both are Constitutionally protected rights and should be the same
Question is -do they collect tax on used books at a book fair. Both are Constitutionally protected rights and should be the same
Talk about how to make yourself unpopular...
Until about l5 years ago some states made varying degrees of effort to tax the pensions of people who worked in their states and then moved out of state upon retirement. A court case finally put an end to that.
Government needs to go on a stringent diet.
Until about l5 years ago some states made varying degrees of effort to tax the pensions of people who worked in their states and then moved out of state upon retirement. A court case finally put an end to that.
Government needs to go on a stringent diet.
