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I am a resident of Montana and am planning on moving to

Customer Question
I am a resident...

I am a resident of Montana and am planning on moving to California in June. I bought a new car here in Montana last Novemember. When I checked online at CA DMV they said I would have to pay CA sales tax. Is this legal?

Lawyer's Assistant: Regulations vary from place to place, so can you tell me what state this is in?

I am currently living in Montana and will be moving to California.

Lawyer's Assistant: Do you need to appear in court?

No. I just need to tag my car in California when I move there.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know if California can legally charge me sales tax on my vehicle since I bought it here in Montana while a legal resident of Montana

Submitted: 4 months ago.Category: Legal
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Answered in 12 minutes by:
3/15/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

Unfortunately that is correct; it is labeled a "use tax". Family transactions are exempt; please see:

Use tax is due on original registration/transfer of vehicles/vessels purchased from someone other than a licensed California dealer, manufacturer, or dismantler (these entities collect tax), unless exempt (eligible family transfers) from payment of use tax or the California Department of Tax and Fee Administration (CDTFA), formerly known as the California State Board of Equalization (BOE), issues a use tax clearance certificate. Use tax rates vary (same as sales tax) based on the owner's county/city of residence (not where purchased). The state, county, and/or city taxes are combined to determine the total sales/use tax rate due. For complete state, county, and city sales/use tax rate information, visit the CDTFA website at www.cdtfa.ca.gov and click on Tax & Fee Rates. If a vehicle is brought to California within 12 months of purchase, use tax may be due. If you paid sales/use tax to another state, you may receive credit toward California use tax not to exceed the California tax.

This is straight from the DMV:

https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffvr34#reg

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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