Legal Excise Tax

[Deleted member 11316]

Vehicle registration is a fee, not a tax. If a fee is wrongfully collected, then yes, people may be entitled to a refund.

As for the 11% excise tax, it depends on whether the court orders refunds. The bigger issue is that consumers may not have standing to recover the money, since the tax is imposed on the seller and only passed through to the buyer.

Will there be a class action lawsuit against some big name vender for charging a pass-through tax?

Registration is definitely a tax in California. Specifically the VLF, Vehicle License Fee. It’s usually around 0.65% of the cars value per year. You write it off if you aren’t taking a standard deduction.

The rest are fees.

 

[DesertDepotArms]

Even if its gets overturned they will not give people money back.
I also wouldn't be surprised we see the tax go up before it goes away

 

[badsushi]

This and my tariff refunds!

And a stimulus check

 

[star.3d]

I also wouldn't be surprised we see the tax go up before it goes away

agreed - isn't the CA FET 11% because the federal firearm/ammunition excise tax is 11%? The latter has been off-and-on since the year of our lord 1919... I'm sure that'll be overturned within 2 weeks as well

 

[21SF 2.0]

New Platypus comp from through 2A Zone in Riverside

How do you like it? I’m on the fence lol

 

[Z Arms LLC]

How do you like it? I’m on the fence lol

It arrived 2 days ago, just now going through DROS. I will say the normal 5" bull version was already flat so I can imagine this one will be even better. Ordered 2/12 and came 4/13, about 4-5 weeks quicker than the lead times on SA's website

 

[Jimi Jah]

If the train to nowhere doesn't get finished we won't get our 115 billion dollars back.

It won't be finished. It was sold as high speed rail from LA to SF. California likes to change rules in the middle of the game. Now it's maybe Fresno to Merced. It won't be high speed either.

Taxpayers should sue for false advertising. It's simply more fraud.

Our gun taxes will not only remain, they will increase. The Supreme Court allows it.

The federal income tax was sold as only 1% and would be temporary. That was also a lie.

 

[Dr.Dre]

California use to charge a fee if you brought a non-California emissions vehicle from another state. It was ruled illegal. However, California made it almost impossible to get a refund. You had to jump through tons of hoops. Most people didn't think it was worth it for $250.

 

[JackRydden224]

If the train to nowhere doesn't get finished we won't get our 115 billion dollars back.

It won't be finished. It was sold as high speed rail from LA to SF. California likes to change rules in the middle of the game. Now it's maybe Fresno to Merced. It won't be high speed either.

Taxpayers should sue for false advertising. It's simply more fraud.

Our gun taxes will not only remain, they will increase. The Supreme Court allows it.

The federal income tax was sold as only 1% and would be temporary. That was also a lie.

The high speed rail is a money laundering project now. People involved will be paid for decades and it will never be finished. It must be scrapped.

I bought a Saab years ago and it just keeps on getting itself to a shop. I eventually sold it at a lost because if I keep it longer it’ll just keep sucking up my money. This HSR project just keeps taking our tax money for nothing.

 

[HSVentura]

Would you be due a refund? Probably

Will you ever actually get that refund? I wouldnt hold my breath.

I've bought 2 handguns at local FFL's since the tax started. Between that, and the little ammo I've bought from them, I'd be due a couple of hundred dollars. I got my FFL03 and COE, so I just order my ammo online. Regardless of tax, its substantially cheaper than any local dealer. And then of course I avoid the excise tax, so its a no brainer.

Any amount that I might be owed, would not be life changing.

 

[cab3rn]

Vehicle registration is a fee, not a tax. If a fee is wrongfully collected, then yes, people may be entitled to a refund.

As for the 11% excise tax, it depends on whether the court orders refunds. The bigger issue is that consumers may not have standing to recover the money, since the tax is imposed on the seller and only passed through to the buyer.

Will there be a class action lawsuit against some big name vender for charging a pass-through tax?

The "vehicle license fee" is a property tax among other tax CA decided to pile on.

 

[treelogger]

Would you be due a refund? Probably

What is not clear to me (and I tend to read pretty extensively about gun rights) is: Who would get the refund in the unlikely case the tax is abolished.

It might be the dealer, because after all, they paid the tax (delivered the money to the California board of something). Then the dealers would have the horrible unenviable task of contacting all their customers and doing a zillion individual refunds. And dealing with the leftover money if customers can't be located, or refuse to be refunded. For a big dealer (think Turners), this could be partially automated, but would still be zillions of hours of manual work. For a small dealer (one old guy behind the counter), this might be back breaking.

I'm not saying that refunding the tax in this unlikely case is a bad idea. It is the right thing to do. But never look a gift horse in the mouth, the spirits you called will haunt you, and all that.

Why do I keep saying "unlikely"? Because the similar federal tax has been in place for ~100 years, and has never been overthrown by courts. While the State of California may be evil as far as gun rights are concerned, they are not stupid.

 

[psun786]

What is not clear to me (and I tend to read pretty extensively about gun rights) is: Who would get the refund in the unlikely case the tax is abolished.

It might be the dealer, because after all, they paid the tax (delivered the money to the California board of something). Then the dealers would have the horrible unenviable task of contacting all their customers and doing a zillion individual refunds. And dealing with the leftover money if customers can't be located, or refuse to be refunded. For a big dealer (think Turners), this could be partially automated, but would still be zillions of hours of manual work. For a small dealer (one old guy behind the counter), this might be back breaking.

I'm not saying that refunding the tax in this unlikely case is a bad idea. It is the right thing to do. But never look a gift horse in the mouth, the spirits you called will haunt you, and all that.

Why do I keep saying "unlikely"? Because the similar federal tax has been in place for ~100 years, and has never been overthrown by courts. While the State of California may be evil as far as gun rights are concerned, they are not stupid.

If the court rules the 11% excise tax illegal, there will likely be a separate proceeding to determine how refunds are handled. The court could order the state to stop collecting the tax going forward without requiring retroactive refunds. Alternatively, it could mandate refunds to retailers, or establish a system allowing consumers to file reimbursement claims directly.

If retailers receive refunds but do not pass them on to customers, that could open the door to class action lawsuits, particularly against large chains, possibly under theories like unjust enrichment, especially if the 11% tax was itemized as a pass-through charge on receipts. However, the ability to sue does not guarantee success; the outcome would depend heavily on how the court structures the refund process.