Use/Sales tax while leasing onto a company? WA state

Discussion in 'Trucker Taxes and Truck Financing' started by dlstruck, Sep 8, 2016.

  1. dlstruck

    dlstruck Medium Load Member

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    I have my own authority and my dad recently bought his own rig and started driving for me. He found a great setup for 26k but when he went to register it, they charged him the use tax. Unfortunately, I wasn't there with him and this was at one of those private registration places, not a state owned one.

    I know you don't have to pay the tax if you have an MC number and you drive interstate. He thought so as well. But the lady told him it had to be HIS MC number, he can't use mine, even though he's leasing on to me and we have a lease agreement already.

    He didn't really know any better so he just ended up paying the $2500 or so tax. He wanted to get on the road as soon as possible so he didn't want to waste time driving to other offices to double check.

    So I have two questions:

    1. Is the tax exemption only good for the MC holder? That doesn't seem right since there are a lot of leased O/Os out there and I've always heard that you don't pay taxes with an MC number. The people at the prorate office where he got his IRP plate didn't think it sounded right but they weren't 100% sure.

    2. Is there any way he can get that money back if the lady was wrong and he didn't actually need to pay that tax? Maybe when he files his state taxes? If it's lost, it's not a big deal, but if he can somehow get it back, it would be nice little bonus
     
    Last edited: Sep 8, 2016
    Reason for edit: added info
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  3. redoctober83

    redoctober83 Road Train Member

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    You are right, he shouldn't have been charged since his truck was for interstate use. You'll need to call the main department of licensing on Monday and ask them the proper procedure to get that refunded.

    Now, if you or he is a Washington state resident, there is no state income tax. Only taxes filed in Washington state is business taxes and sales tax.

    FYI: if you do any intrastate state loads in WA, there is like 3 different taxes you'll have to pay on the gross revenue of that load. B&O, UTC, and I can't remember the other one, but you can find it in the business tax guide on the department of revenue website for trucking specific guides.

    Edit: here's the dor trucking specific guide http://dor.wa.gov/Content/DoingBusiness/BusinessTypes/Industry/Truck/default.aspx
     
  4. dlstruck

    dlstruck Medium Load Member

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    Yeah I was able to confirm that he was charged those taxes incorrectly. Looks like he's going to have to claim them as on overpayment when he files his state taxes.

    Are you in WA? If so, can you recommend a good tax guy who knows the truck laws? This is my first year with my own authority and the CPA I've used in the past for my personal taxes doesn't seem to know much about trucker taxes. I tried to google it but can't seem to find anyone based in WA.
     
  5. redoctober83

    redoctober83 Road Train Member

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    Yeah, I'm in Washington. No I can't. Everyone I've talked to seems to be oblivious to the transportation industry.

    I know from a friend of mine, that the profit gauges system from Kevin Rutherford uses a Cpa in Washington state. I just don't feel like paying them I think $100/month to do everything for me.

    I've been doing my own and use an accounting system to track everything. Plus, the software does invoices and make it easy to track stuff like when a broker is 60 days overdue. Only had that once, but after one phone call and forwarding the email with the original pod and invoice, I had the check within 4 days.

    If you have any questions, I'll try and help. For the most part, Washington state is very easy. All interstate revenue is tax exempt for the state taxes, it's only your intrastate loads you need to pay taxes on.
     
  6. Ridgeline

    Ridgeline Road Train Member

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    It all depends. There are a couple states that have not signed onto the agreement waiving sales tax. My state did this in 2003.

    You don't need a tax person or an accountant, you need to a talk to your state people and get it straight.

    Oh and the interstate and intrastate revenue has nothing to do with registration, this is taxed the same no matter what - it is revenue.
     
  7. redoctober83

    redoctober83 Road Train Member

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    In the state of Washington it actually does. Anything that is intrastate in Washington state is taxed based off the gross revenue,no deductions allowed for the wa state b&o tax, put tax, and the other one is a use/sales tax. Those 3 only apply to intrastate loads for business registered in Washington.

    Here is directly from Washington state department of revenue
    Public Utility Tax (PUT)
    Persons operating motor driven vehicles used in transporting persons or property on a for hire basis are subject to the Public Utility Tax. The transportation of persons or property across state boundaries, into and out of Washington, via “through freight billing,” or shipments to ports for export, are allowed deductions for interstate transportation.

    Business and Occupation (B&O) Tax
    Many trucking industry businesses located in Washington are subject to the state B&O tax. This includes corporations, limited liability companies, partnerships, and sole proprietors. The B&O tax is a gross receipts tax on the business. It is measured on the value of products, gross proceeds of sale, or gross income of the business. There are no deductions from the B&O tax for labor, materials, taxes, or other costs of doing business. Trucking related businesses generally report income under the retailing, retailing of Interstate Transportation Equipment, wholesaling, and service and other activities B&O tax classifications.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Well thanks for the clarification but it raises the question of the sales/use tax that is applied to the transfer of the truck to the new owner, is it based on the revenue or projected revenue going forward at that time or is it a flat percentage of the purchase price?
     
  9. KriegHund

    KriegHund Medium Load Member

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    What software are you using?
     
  10. redoctober83

    redoctober83 Road Train Member

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    For the sales/use tax question, if the trailer or truck is used for more then 50% interstate commerce there is no sales/use tax applied. Washington state makes it very confusing when those taxes are applied and under what circumstances. I purchased a trailer this year out of state and had it registered in Washington and wasn't charged any tax at all because it was going to be used mainly for interstate work. Plus the plates don't expire on the trailer.
     
  11. redoctober83

    redoctober83 Road Train Member

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    I use a piece of software called frontaccounting. It's a Web based open-source software that is very powerful and has more features than I'll ever use, but it allows me to track eveything, create invoices, see a p&l statement as well as a cash flow statement. I can attach to each invoice all my documents related to it like receipts, bol's, scale tickets, and trip sheets. Making filling easier since it's all electronic.
     
    KriegHund Thanks this.
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