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post #37 of Old 06-25-2012
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Re: State Registration of Documented Vessels

Sail life,

I currently am a titanium salesman, though I also have a JD and am bar certified in Louisiana. And worked as an attorney for years, before I realized I hate the practice of law and moved on.

in Louisiana the resale of a boat between private parties (ie not a broker, or retail shop) is considered a 'casual sale'. Which means no sales tax is owed on the second sale. Technically you actually have to get the department of revenu's blessing on the sale, but it is a simple formality unless they contest the sale as a simulation, or one of the other exceptions to the casual sale rules.

Exert from....Louisiana Sales Tax Statutes and Regulations pg 37 (47/174 in PDF)

d. It is not the intention of this Chapter to impose a tax on an isolated or occasional sale, frequently termed a casual sale, except with respect to the sale of motor vehicles, which are specifically cov- ered by R.S. 47:303(4). The primary consideration in determining whether a sale meets exemption requirements is whether the seller is in the busi- ness, or holds himself to be in the business, of selling merchandise or tangible personal property of similar nature, and not solely upon the fre- quency of the transactions

Due to the legal nature this conversation has taken... The above should not be construed to be legal advice, but is of a general nature. Only upon specific review of your facts and situation, and with consultation by a tax law expert can your particular tax liability be determined.

Greg Rubin
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