Need help out of state Viper purchase

RavenFan_94

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I purchased a new Viper from Florida earlier this month. The Dodge dealer charged me Florida sales tax which I thought was unusual (I have purchased several cars out of state prior and never was charged sales tax). The dealer collected the tax and said that they would forward the tax bill to Maryland.

When I registered the car in the Maryland, they collected the same tax amount. Now I have paid taxes twice. I called the dealership and they offered to refund the tax bill stating the obvious 'you can't pay tax twice on the car'. Today I received a check for $50 and a letter saying that you have to pay tax in the state of Florida as well.

The dealer is holding its ground and refusing to refund the tax payment. Has anyone dealt with a similar situation. I'd rather not lawyer up here but am at a loss for next steps.
 

Chopper

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I talked to a dealer in Fla. a few months ago about this very subject. The conclusion, we came to was ,you would pay their sales tax only if you drove the car out of state.I guess if it were trailered out then no tax.Bunch of crap.I bought a Cobra Mustang just last wk-end in Maryland and drove it to Va.I only paid Va. tax.
 

ViperTony

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I bought my Viper from Florida from Naples Motor Sports. I paid no FL sales tax. They shipped the Viper to me in CT. I paid only CT sales tax when I registered the Viper.
 
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RavenFan_94

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Thanks guys. Dealer is not budging as the state of Florida will not refund them for the sales taxes that they paid on my behalf. Flippin mess. Guess I'll need to talk to an attorney.
 

WOT!

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I bought a car in MO, drove it home to NH and oh yea, didn't pay any tax. Life free or die rules.

I also know that you should not have to pay the FL tax. I even registered a car in FL I had previously registered in NH, and FL didn't charge me a sales tax. Something ain't right if you ask me.
 

als 08 viper acr

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I purchased a new Viper from Florida earlier this month. The Dodge dealer charged me Florida sales tax which I thought was unusual (I have purchased several cars out of state prior and never was charged sales tax). The dealer collected the tax and said that they would forward the tax bill to Maryland.

When I registered the car in the Maryland, they collected the same tax amount. Now I have paid taxes twice. I called the dealership and they offered to refund the tax bill stating the obvious 'you can't pay tax twice on the car'. Today I received a check for $50 and a letter saying that you have to pay tax in the state of Florida as well.

The dealer is holding its ground and refusing to refund the tax payment. Has anyone dealt with a similar situation. I'd rather not lawyer up here but am at a loss for next steps.

I purchased a car in (Minn) that charged sales tax, but my Home state of California gave me credit for the sales tax I paid in Minn., so I only paid the difference. You should probably check with Maryland to see if they should give you a refund. Need to check the law in Maryland.

Let face it all states are probably having cash flow problems.



Al
 
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RavenFan_94

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I learned that Maryland does not have a reciprocating agreement with Florida. In short, I'm screwed. My only option is to take a pound of flesh from the dealer. What they say and what they do are two different things. This is why you deal with Tators, Woodhouse, Ringgold, Buhler and other dealers that are in the know.

To top it off the sales manager that I purchased the car from only three weeks ago no longer works there.

Living proof money thrown down the drain.
 

93 Cobra R

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Dealers charging sales tax on out of state purchases is not completely unheard of, I've dealt with this several times. Your proof is the paperwork - which your copy should have the sales tax itemized. In my experience, I show the Bill of Sale to the County Clerk's office when registering the vehicle. Any difference of tax, either by underpayment or overpayment, will then be paid or refunded. The only time I could see your state trying to charge for tax (again) is if you didn't have an itemized Bill of Sale.
 
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RavenFan_94

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Negative, dealer near Orlando. I'll save the name of the dealer for a later date. I was told by the dealerships back office personnel that Maryland has a sales and use tax and Florida has a sales tax. Two seperate taxes. Much bullock. I got some good advice from a member via PM and will pursue tomorrow.
 

Bobpantax

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From the Florida Department of Revenue web site:

Sales and Use Tax on Motor Vehicles

What every dealer should know about selling or leasing motor vehicles.


Definitions

Motor Vehicle An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state that is used to transport persons or property and propelled by power other than muscular power. The term includes recreational vehicles, such as motor homes and travel trailers. Taxable Sales Price The full sales amount before any deductions are made for federal taxes, freight, handling, delivery, commission, advertising, future free service, or any other expense or cost. Costs for titling, licensing, and registration are not subject to tax if separately stated. A trade-in that the dealer intends to resell reduces the sales price if the sale and trade occur in one transaction. Manufacturer rebates are not considered a reduction in the sales price. Tax must be calculated on the taxable sales price before the rebate is deducted. What is Taxable?

Six (6) percent sales tax must be paid on all new or used motor vehicles sold, leased, and/or delivered in Florida, unless specifically exempted by law. The purchase of a motor vehicle in this state by a resident of another country is taxable at 6 percent.
Many counties also impose a local discretionary sales surtax, which applies to the first $5,000 of each lease payment or the total sales price. Discretionary sales surtax is due on the purchase or lease of a motor vehicle when the residence address of the purchaser (as shown on the registration) is in a Florida county that imposes a surtax. For more information, ask for a Discretionary Sales Surtax brochure and a list of surtax counties and rates (Form DR-15DSS).
Who is Exempt?

Here are examples of motor vehicle sales that are exempt from sales and use tax:
  • The seller delivers the vehicle outside of Florida.
  • A Florida registered motor vehicle dealer purchases the vehicle for resale or lease.
  • A Florida registered export/import company purchases a vehicle for resale and will immediately export it outside of Florida.
  • A nonresident dealer who does not have a Florida sales tax number purchases a vehicle for resale or lease.
  • A nonprofit organization purchases a vehicle and presents a current Florida Consumer's Certificate of Exemption (DR-14) to the seller.
Here are examples of motor vehicle sales that are partially exempt from sales and use tax:
  • If a Florida dealer sells a motor vehicle to a resident of another state that imposes a sales tax of less than 6 percent and the purchaser takes possession of the vehicle in Florida, the purchaser's home state tax rate may be applied to the sale. Other restrictions may apply.
    • In order to be eligible for the lower tax rate, the purchaser must give the dealer a completed, notarized Affidavit for Partial Exemption of Motor Vehicle Sold for Licensing in Another State (DR-123). The dealer must keep the affidavit for 3 years.
      Example #1: Residents of North Carolina sign the affidavit and pay no sales tax because their state has no sales tax on motor vehicles.
      Example #2: Residents of Alabama sign the affidavit and pay 2 percent sales tax because Alabama has a 2 percent sales tax rate on motor vehicles.
    • All tax collected must be remitted to the Florida Department of Revenue. The tax should never be sent to the purchaser's home state. For more information, ask Taxpayer Services for a copy of Motor Vehicle Sales Tax Rates by State.
    • If a vehicle is purchased by a nonresident corporation or partnership, tax is due if any officer of the corporation, or any stockholder or partner who owns at least 10 percent of the corporation or partnership, is a Florida resident. However, if the vehicle is removed from Florida within 45 days after purchase and remains out of the state for a minimum of 180 days, the purchasing entity may qualify to pay its home state tax rate, despite the residency of its owners, stockholders, or partners.
  • The portion of the invoice that the Veterans Administration pays directly to the dealer on behalf of the veteran.
All exemptions must be properly documented. For more information, contact Taxpayer Services (see "Whom to Call").
 
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