Montana LLC Scare

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edpick said:
.....when we ever ship our M/H back at end of our 18 month trip  it belongs to the LLC company on paper how would it be when UK customs get the paper work and then i try and claim no vat and duty payment....

Ed,

Apologies for the delayed response; I've been out of town all day and didn't get to respond before you went to bed. Hopefully you didn't lose too much sleep over this issue.

Please read this message by fellow Brit Paul Chatwin (aka UK-RV) who recently imported his motorhome into the UK. Paul had a long dialog with UK Revenue & Customs which culminated in the letter he received and quoted in his message.

I don't see anything in the current discussion that would suggest anything has changed with regard to the UK end of things. What folks are talking about here are taxes and fees paid (or legally avoided) in the U.S.

You can use the Advanced search link above to find other messages posted on the subject of VAT, but I believe that Paul's message has the most current H.M. R&C position.

Hopefully, by the time Paul reads this, he will have recovered from his curry and (how many?) pints and will be able to add to this.
 
Ron, I've known a number of attorneys whom I consider reputable.. Or one might say "Who I would not mind marrying my sister?  In fact one of them IS my sister, but that is another story (And another is her husband)

One always looks at the sleeze balls in the business cause they make the big noise and get their clearly guilty as sin clients off in court.  however one fails to see that there is another side to the courtroom.. and thus another attorney there... in criminal court this other attorney works for you (And me, assuming we are not the defendant(s)) and well... Sometimes they win too. 
 
John I wasn't saying there are not some reputable attorneys, just from what I have seen IMHO there are not that many I would put my trust in.
 
Contacting an attorney in Montana may keep you legal in Montana but it does not mean you have satisfied the requirements of the state you are domiciled in. I would recommend you talk to someone where you are living.

Washington takes the same view of MT LLC's as Illinois does, they are interested in where the m/h is based, not registered and the fines are substantial!
 
Jeff Cousins said:
Contacting an attorney in Montana may keep you legal in Montana but it does not mean you have satisfied the requirements of the state you are domiciled in. I would recommend you talk to someone where you are living.

Washington takes the same view of MT LLC's as Illinois does, they are interested in where the m/h is based, not registered and the fines are substantial!


And Washington do look for out of state registered RVs parked in residential areas or stored in the state.   They have been waging a cold war with Oregon over use tax and reg fees.
 
Thanks a lot Tom will keep on with it and try and come to some mind blowing decision and then Eileen will change her mind. Ed
 
Ed,

Please keep us abreast of your plans and especially come back and let us know how things went during the purchase, on the trip and on your return to the UK. In addition to you being able to meet forum members at various points on your journey, it's always good for us to read about the latest experiences of folks doing what you're planning to do (wth the wife's blessing).
 
I'm going to repeat my question:  IS there any advantage to moving your official residence to MT. so that my Registration, licenses and such all say MT.  Or are they 1: Restrictive of full timing and 2: excessive on other taxes?  I would hate to have to pay state income tax on my pension
 
Well John Montana does have a state income tax.  This is one of the things I understand is being looked at very closely since by Montana law Corporations like individuals are required to pay income taxes on any gain and I guess an LLC is a corporation.  I am no way a tax expert so I won't even begin to get into that one.  The no sales tax is really an advantage.
 
John In Detroit said:
I'm going to repeat my question:  IS there any advantage to moving your official residence to MT. so that my Registration, licenses and such all say MT.  Or are they 1: Restrictive of full timing and 2: excessive on other taxes?  I would hate to have to pay state income tax on my pension

Try Florida - no income tax and the intangibles tax was repealed beginning this year.
 
Tom said:
Ed,

Please keep us abreast of your plans and especially come back and let us know how things went during the purchase, on the trip and on your return to the UK. In addition to you being able to meet forum members at various points on your journey, it's always good for us to read about the latest experiences of folks doing what you're planning to do (wth the wife's blessing).

The Brits on my old political forum had/have no real idea of how large the US states loom in our country and how restricted the national government is.    No amount of explanation by the Americans really sunk in.   However, I fear that Ed is beginning to get a clue.  ;D
 
LOL Carl, I have to smile every time I hear/read a Brit say "we're going to travel the USA in a couple of weeks".
 
What surprised me was just how many Americans have no concept as to how big Australia is.  I have talked to folks that considered Australia as just a island in the Pacific.
 
LOL Ron, it's a big island. But it's all a matter of perspective I guess.

When I was on Penang, a small Malaysian island, the American CEO of a company there told us about the 100 locals they shipped to California for a year of training. They sat them down and asked how many had been off the island before and, until then, none of them had any idea they lived on an island. Penang is only 100 square miles in area.

Last year when we were in the UK at a gathering of family and friends we hadn't seen for some years, someone asked my son and I "do you live close to each other?" We looked at each other, smiled and said "yes, there's a little over 2,000 miles between us". My son lives in northern Kentucky and my DeLorme said it was 2,700 miles last time we made the trip.
 
Tom:

Sorry I misunderstood your rule.  I had thought if we had permission to post elsewhere we could do so.  I don't blame you though, for being ultra conservative on this.  I will try to get the link as it is a most informative message.  My problem is I don't go on the web for Newmar, I just get their digests.

John in Detroit .... I did exactly what you are asking about.  When we decided to purchase our latest motorhome, we also decided, since we would be full timing, it would be advantageous to move to Montana and be official residents there and have our domicile there. 

However, Jeff Cousins is correct ... you need to look at both the state you are moving from and the state you are moving to.  The Montana attorney believed we would be fine if we got a Montana driver license, a small piece of property to live on (it can be rented or purchased) and then register the new motorhome with Montana as a resident.  However our Maryland attorney advised us that even if we did that, we had to prove to the Maryland authorities that we did not spend more than 6 months in a calendar year in Maryland, even with a Montana driver license.  We are OK there as we spend less than 2 months in Maryland.

However each state is different thus it is important to get good advice in both the to and from states when you move.

As for taxes, it is a huge advantage to live in Montana because of the sales tax savings IF ... you do not earn so much income that you would have to pay income tax in Montana.  When we compare income tax to sales tax it breaks out in our favor.  But an active wage earner might find that the sales tax advantage of Montana is overcome by the fairly stiff income tax. 

Also retail prices in general in Montana are higher than the U.S. average.  This is not hard on us as we are only in Montana in the summer, do a lot of mail and Internet ordering, and travel to many places where prices are cheaper.

All of this takes a bit of research to work it all out., and there are no pat answers.  Only you can figure out what is best for your family.

We enjoy the fact that when we Internet order from other states, most of the retailers will not charge us tax if we have a Montana billing address.  This is not true in every case, as again it is a complex area, but 90% of what we order over the Internet and through the mails comes tax free to us regardless of the state of origin.

Like Ron Ruward, we are glad we are Montana residents and I would not be very comfortable with a Montana LLC if I still lived in Maryland, even though Maryland was not on the hot list of states listed in my original post.  I see a trend that as more and more people catch on to the Montana LLC loophole, the states will become more interested in finding ways to stop it.

Woody mentioned "use" tax.  A state that has a "use" tax does not necessarily prevent a Montana LLC.  My former state of Maryland is a perfect example.  They do not have sales tax on vehicles but a use tax.  For all practical purposes in Maryland, it is treated exactly as a sales tax, and they will not charge it if you paid a sales tax in another state when you move to Maryland.  Also if you paid a use tax in Maryland.  Also if you paid the use tax in Maryland ... Every state I have researched including South Dakota will honor it as if it was a sales tax if you move there.
 
Smoky said:
I had thought if we had permission to post elsewhere we could do so.

Smoky, it wasn't apparent that you had permission to re-post their message here in full; It wasn't in your message that I edited.
 
Thanks for the link Smoky. FWIW that's a Yahoo group rather than a forum per se, but folks can either view the web site or receive messages via email.

Well .... it didn't work. Their email account verification never arrived. Never mind.
 
Yeah Tom, for the Newmar forums and the deisel forum (Yahoo verions) I get the daily digest and rarely ever am on the web sites.

If anyone wants me to email them them the original article like I already did for Shayne, just let me know by sending a request to ****[email protected]####.

Just ignore the **** and the ####.  I put those there to garble my email a bit in case of spiders.
 

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