Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

Do I file Form DTF-802 to pay NYS sales tax?

Customer Question
I just looked into Form DTF-804 and...

I just looked into Form DTF-804 and DTF-802 and it seems to me I will need to pay because NYS does not offer credit to NJ or am I understanding the whole thing wrong? I got into a situation when I need a professional advice. I had a NJ License and registration for the car in NJ. I bought it new. I work in NYC for the past 5 years and rent an apartment for my mother in Brooklyn (on my name). I paid because I work in NY I paid income taxes for NY and NJ. But to be honest I lived more in NY in the past 2 years because of my mother. Anyway, the question is NOT about income taxes. Question is about sales taxes for my car. I got it in 2014 end of year. Since I had NJ license dealer paid full NJ taxes and it was completed I was happy etc. Now I am finally abandoning my NJ place and moving to NY. I changed my license but for registration I see some tax forms. Will I have to pay full NY tax or there is a way to avoid it or just pay the difference. I do not want to lie on the forms that I was not affiliated with NYS at all. What would you advise if there is any besides paying full NYS tax? Thanks a lot in advance

Submitted: 2 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 1 hour by:
2/12/2016
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 2 years ago
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,215
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified

Yes, NY makes it tough BUT, after jumping through some hoops, so to speak, I think you'll still be OK.

In the instructions for DTF-804, you see that they only have reciprocal agreements with eight states: Arizona, California, Florida, Hawaii Massachusetts, Michigan, South Carolina, & Wyoming.

But, if you'll look where it says "Note:" (about 1/2 way down, left column on page 2, instructions, of the form) it says the following:

Before completing this form, refer to the charts below to determine if New York State provides a reciprocal credit for sales tax paid to the state where you made your purchase. For motor vehicles, New York State provides a reciprocal credit for tax paid to a very limited number of states. If no reciprocal credit is available, use Form DTF-802, Statement of Transaction - Sale or Gift of Motor Vehicle, Trailer, All-Terrain Vehicle (ATV), Vessel (Boat), or Snowmobile, instead of this form. If you paid tax to a state for which no New York State reciprocal credit is allowed you should apply to that state for a refund

Then it says -

If the state (NJ) denies the refund you may be eligible for a credit for some or all of the New York tax you must pay now. To apply, file Form AU‑11, Application for Credit or Refund of Sales or Use Tax, and attach proof of tax payment to and proof of the refund denial by the other state.

Here's NJ's request for refund:

http://www.state.nj.us/treasury/taxation/pdf/other_forms/sales/a3730.pdf

The form can be used for multiple types of taxes.

For refund of sales and use tax send to:

NJ Division of Taxation

Sales Tax Refund Section

PO Box 289

Trenton, NJ

Ask Your Own Tax Question
Customer reply replied 2 years ago

Aha okay. This is crazy. Another and the last question. Do you think they will charge me tax according to the original sales price OR according to current value of the car?

Tax Professional: Lane, JD, CFP, MBA, CRPS replied 2 years ago

So, I would send certified to NJ and wait to see if they issue a refund. If they don't, then file Form AU‑11, along with the DTF-802, and attach proof of tax payment to and proof of the refund denial by the other state.

Ask Your Own Tax Question
Customer reply replied 2 years ago

The last question is because I register the car in NY now so to say the current value is lower of cause.

Tax Professional: Lane, JD, CFP, MBA, CRPS replied 2 years ago

Yeah, NY is tough,

The refund will be paid (if you can get it from NJ) on whatever was paid.

Have you seen this?

http://dmv.ny.gov/registration/estimate-registration-fees-and-taxes

My bet is that since you paid full new car sales tax in NJ, the credit will be enough to cover, but that's speculation at this point.

Here's the actual estimator: https://transact.dmv.ny.gov/RegFeeCalc/ but that's not for the sales tax itself, just registration fees.

I really think you should take a look at that very first page I showed you:

http://dmv.ny.gov/registration/sales-tax-information

Here's the AU-11: https://www.tax.ny.gov/pdf/current_forms/st/au11_fill_in.pdf

Ask Your Own Tax Question
Was this answer helpful?
Ask Lane Your Own Question
Lane
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,215
14,215 Satisfied Customers
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986

Lane is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,495 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,272 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
My tax payment was duplicated I mistakenly sent form 1040v
my tax payment was duplicated I mistakenly sent form 1040v with a check for 785.00. However my tax preparer filed my taxes electronically with payment to taken from my checking account. There was an e… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,272 satisfied customers
I have mailed my income tax forms for 2016 and 2017. Where
I have mailed my income tax forms for 2016 and 2017. Where can I find the status? … read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,119 satisfied customers
Tax credit on Build America Bonds. IRS Form number and help
Tax credit on Build America Bonds. IRS Form number and help using it. … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
The state did a estimate on are business sales tax and I
The state did a estimate on are business sales tax and I hadn't sent the amount tat should of been taxable the amount that should of been taxed is way less then what the estimate was what do I do they… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,119 satisfied customers
VA income tax return form 760, Line 16, “ Taxable Income -
VA income tax return form 760, Line 16 , “Virginia Taxable Income - Subtract Line 15 from Line 9” what are the two bubbles “DTD” and “LTD” ? Should I fill in one ?… read more
PDtax
PDtax
Owner
Master\u0027s Degree
1 satisfied customers
A quick? Received a notice of credit for income tax
Good afternoon. A quick ? Received a notice of credit for income tax purposes. Notice says if we declared amt of disability as income on prior years taxes. And we did. We now can show that as an. Offs… read more
Dr Arthur Rubin
Dr Arthur Rubin
Doctoral Degree
24 satisfied customers
Regarding state income taxes, if someone lives in one state
regarding state income taxes, if someone lives in one state for 3 months, and in another state for 6 months, do they file one full year resident and one part year? or two part year returns?… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Do i still have to pay income taxes to the state of
Do i still have to pay income taxes to the state of california after i paid the 3.3% tax after the sale of my investment property in 2017? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I am completing my moms federal income tax forms for 2017.
I am completing my moms federal income tax forms for 2017. Mom (who is 90) purchased a vacant lot in June of 2012 and sold it at a profit of $23,7550 in November of 2017. Moms adjusted gross income fo… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,232 satisfied customers
My wife and I live in State which has no income tax, and
My wife and I live in Washington State which has no income tax, and she's considering a job in California which has a state income tax. Our bigger question gets into community property law, which California is a state that participates with that, vs. Washington state that doesn't. I would still be working in WA state while my wife would commute to CA, but we're trying to see about the tax implications (for example, would we both have to indicate 1/2 of our “community property” (income) on our returns. If so what would we need to consider in negotiations with the company to account for this tax difference? … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,272 satisfied customers
Sales tax and income tax question .... I have some online
sales tax and income tax question .... I have some online businesses .. sell digital products and services .. thus far no need for a sales and use tax id ... however, i'm considering selling some tang… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Iowa Income Tax. Is 100% of capital gains on the sale of a
Iowa Income Tax. Is 100% of capital gains on the sale of a rental property deductible if the requirement is met for hours spent for management of the property? … read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,119 satisfied customers
IN DOING MY 2017 FEDERAL & STATE OF COLORADO INCOME TAX
IN DOING MY 2017 FEDERAL & STATE OF COLORADO INCOME TAX RETURNS, I DISCOVERED THAT I HAD OMITTED FORM SSA-1099 INCOME FOR THE YEARS 2014, 2015, AND 2016. Do I need to file amended income tax forms for… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
I am doing my Mom's income tax and there is a new form that
I am doing my Mom's income tax and there is a new form that I am not familiar with and am unsure what to do with it. It is from ATB Securities Inc and says: "for settlement on Dec 28, 2017 Net Amount … read more
Lane
Lane
JD, CFP, MBA, CRPS
14,215 satisfied customers
OH State income tax - Schedule A - personal tax return line
OH State income tax - Schedule A - personal tax return line 31. 1. What is the difference between "survivorship benefits" and "pension continuation benefits"? * New client for me. * OH resident * Spou… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,119 satisfied customers
In Georgia State Income tax exempts pensions from tax up to
In Georgia State Income tax exempts pensions from tax up to $65,000 but it does not double it for married couples filing jointly. Our (my) pension income is $125,000 and we pay GA tax on $60,000. Can … read more
abci168
abci168
Principal
27 satisfied customers
My company was audited for sales and use taxes for the
My company was audited for sales and use taxes for the period from 1/1/12 through 12/31/14. The state claimed that we failed to collect the proper amount of tax and determined in 2017 that the amount … read more
Dr. Fiona Chen
Dr. Fiona Chen
President
Ph.D.
1,027 satisfied customers
How can i receive credit for tax payments made in 2017 for
good morning how can i receive credit for tax payments made in 2017 for prior year (2013)? To IRS and FTB (CA). thank you… read more
Carter McBride
Carter McBride
LLM
1,069 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x