4 ms·
NY VTL § 250(1) says otherwise.
by asdfasgasdgasdg 2mo ago
NY VTL § 250(1) says otherwise.
- mannanj 2mo agoThe LLC’s ownership and Montana registration are not inherently tax evasion. The appropriate party can pay California or New York use tax arising from the vehicle’s in-state use. Whether Montana registration may legally remain or California requires a registration from you for a vehicle you do not own is a separate question. Generally, the LLC registers it. Since this vehicle has had its use tax already paid, the tax evasion argument won't apply.
- asdfasgasdgasdg 2mo agoI don’t think a shell LLC is gonna help you avoid the requirement to register a car you own as a New York resident. The law in New York requires that for the vehicle to be considered non-resident it be garaged at the out-of-state place of business. Taxes are irrelevant.
- mannanj 2mo agoYou are mistaking ownership and falsifying who owns the vehicle. Do you understand how ownership is defined, legally? How can you simultaneously own a vehicle, and the LLC too? If the LLC owns the vehicle, you do not.
- asdfasgasdgasdg 2mo agoGood luck with that. It’s bad advice. But people will have to read the law and take risks as seems appropriate to them.
- mannanj 2mo agoSo you called my advice bad. Then ignored my questions before retreating. You stated something as thought it were fact earlier (ownership) and then didn’t back it up. How can you own something that is owned by another company? Or said another way, do you have any sound basis to say you are on the hook to register property in New York (you linked to a New York statue) that you do not own. Or is it the LLC’s responsibility. Genuinely curious as every state is a bit different.
- asdfasgasdgasdg 2mo ago“ A person, firm, association or corporation having a place of business in a foreign country, state, territory or federal district and owning a motor vehicle, motorcycle or trailer used in connection with and garaged at such place of business which such owner is compelled to register in such foreign jurisdiction shall be deemed a resident of such foreign jurisdiction” In other words, the car’s owner is only deemed a resident of a foreign jurisdiction if the car is garaged at a place of business in that foreign jurisdiction AND compelled to register in that jurisdiction. It does not matter where the car’s owner is located. If it’s not garaged in that foreign jurisdiction, it is considered to be an NY resident vehicle. Your workaround does not work according to NY law because your car is not garaged in Wyoming or whatever.
- mannanj 2mo agoYou keep inflating "your" car with someone else's car. Who's car is it? You seem to portray high confidence in your opinions and misrepresent your statements while fundamentally misunderstanding ownership. The moment the car legally becomes owned by another entity, it ceases being yours - this applies for all intents and purposes such as the NY statutes you share that require the owners to register the car.
- kelseyfrog 2mo agoIs this legal advice?