Archive for the ‘car dealer funding’ Category

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red flag rules compliance made simple   no comments

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car dealer breaking news…even all cash deals require a conditional sales contract   no comments

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car dealer breaking news…ca553 conditional sales contract can be multiple pages per the attorney generals published opinion   2 comments

TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
EDMUND G. BROWN JR.
Attorney General
No. 08-804
December 31, 2009
THE HONORABLE NOREEN EVANS, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question:
Is the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.)?
CONCLUSION
The single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.).

http://ag.ca.gov/cms_attachments/opinions/pdfs/o546_08-804.pdf

will fingerprints be required to buy a car from a car dealer ???   no comments

http://lornamatic.com/wordpress/2007/03/17/141/

automated man is not your friend

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classic car glossary of car dealer terms   2 comments

A
ANTIQUE – a general description of an object having special value because of it’s age (usually more than 100years old) in automotive terms it tends to refer to a vehicle that was built prior to 1915.
ALL WEATHER – a term used in the twenties and thirties to denote a four door convertible sedan.

B
BAQUET- the literal translation is ‘bath tub’. It refers to cars at the beginning of the century in Europe with two rows of raised seats (single seats or divans) similar to those used in turn of the century horse drawn carriages. Baquets were generally without front doors, a top or a windshield. In the United States the term ‘touring’ was often used. Also see Phaeton
BARCHETTA – an open top car dedicated to racing without doors or a top and with uniform and streamlined bodywork. It could have one or two separate seats.
BAROUCHE- a carriage term very rarely used for automobiles. The driver sat in an open front seat with two couples facing each other inside a closed cabin. There was a folding top over the rear seat.
BATEAU – The shape of the rear end of open-topped racers at the beginning of the century, which looked like the hull of a boat. Also see Boattail.
BERLINE – a sedan
BOATTAIL – the tapered form of the rear-end. The term literally describes the shape of the vehicle tail, which resembled the bow of a boat. Popular in racing. Also see Bateau
BONNET – English term for panel that covers the engine. Americans call it a hood.
BOOT – English term for panel that covers the rear luggage compartment. Americans call it a trunk.
BROUGHAM – in early motoring this broad term signified a closed car for two or four persons. In later forms it was often found to describe a car with an open front driver’s compartment. When coupled with sharp lines and flat surfaces it may be called a ‘Panel Brougham’.
BULLNOSE – a term in use in England during the 1920′s to indicate a type of radiator, which supposedly resembled the nose of a bull! E.g.: Bull-nose Morris.
BUSINESS COUPE – a simple two-door coupe without a rumble seat, such as used by doctors, bankers and salesman etc. Everyday transport for the middleclass.

C
CABRIOLET – generally this means a convertible car with windows. However, this term has changed meaning significantly over the years and can even mean different things in different countries. During the 1920′s and 30′s in Europe it meant an open car with a top, two doors and four seats, which was most often derived from a sedan. The equivalent in Great Britain was called a drop-head coupe while the English used the term Cabriolet to mean a four door open top car. Concurrently in the United States, the term used was Convertible coupe. Today Cabriolet describes open top cars derived from a sedan or coupe. It could also be understood to mean an open top car with two rows of seats with just two doors. Although in reality it can have any number of doors and windows.
CHUMMY – In England from 1920 and up, a chummy was an open top car. The vehicle was usually a 2+2 i.e.: two full-sized seats up front with two small ‘occasional’ seats in the rear.
CLASSIC – according to the Classic Car Club of America this term refers only to specific or important marques built between 1925 and 1942 (with certain post-war exceptions). It is however applied today by owners of almost any collectible car more that is more than 25 years old.
CLUB COUPE – a two-door closed car with a rear seat.
COACH-LINE – a painted accent line on the body of a car. Modern equivalent is the pinstripe.
CONCOURS (d’Elegance) – a gathering or show of the elegant.
CONVERTIBLE – In short, a car with a folding top and windows! In the US from 1927 on, the term was used to mean a car with a soft, retractable top was hooked permanently to the bodywork, and therefore not removable like a roadster’s was. Other requisites were side windows that opened and the absence of any framework above the waist of the car apart from the windshield. The most common example of the was therefore called a convertible coupe these had two doors, whilst cars with four doors were called convertible sedans. In both cases four or five people could be seated.
CONVERTIBLE ROADSTER – a convertible is an open car with windows; a roadster is an open car without windows, hence a term which contradicts itself. Used by Lincoln, Chrysler and others about 1930 to emphasize sportiness.
CONVERTIBLE VICTORIA – a four passenger two door two-window cabriolet.
COUPE – a closed car with two doors for two or three people and a roofline that generally curves at the back. May also have a rudimentary rear seat in which case it is usually called a Club Coupe.
COUPE CHAUFFEUR – chauffeur driven car with passengers fully enclosed and the chauffeur exposed. Body has a blind rear quarter.
COUPE DeVILLE – or “town coupe”, applied imaginatively to various body styles Usually a four passenger two-door car with a permanently closed roof over the rear seats and a removable top covering the front seats. See Sedanca
COUPELET – a term used especially by Ford to describe a Model T two seater Cabriolet.
COUPE LIMOUSINE – chauffeur driven car with the passengers fully enclosed and the chauffeur exposed. Body has rear quarter windows.
CYCLE FENDERS – usually a front and sometimes a rear fender similar to that used on a motorcycle which follows the curvature of the wheel.

D
DeVILLE EXTENSION – a sliding roof over the front seat with side arms that folded back into the remaining roof thus producing a Sedanca configuration in metal rather than the usual fabric.
DICKEY – or Rumble seat. An extra external seat that could be accessed by lifting a forward-opening ‘trunk-like’ lid in the rear of the car.
DROPHEAD COUPE – British term for the equivalent of the American convertible, or the European Cabriolet.
DUAL COWL – a design of touring car, which saw the cab, divided into two compartments, front and back. Separated with a rear windshield mounted on a folding cowl, which covers part of the rear compartment.

E
ESTATE CAR – a station wagon, or four-door, four passenger car with an extended roof line plus a gate or hatch in the rear for increased cargo capacity.

F
FAUX CABRIOLET – a fixed head coupe made to resemble a cabriolet.
FENCERS MASK – The term used to describe a type of radiator grille design from the 1930′s which resembled a fencers mask for it’s shape and fine weave of the grille.
FIXED HEAD COUPE – a closed coupe.
FORDOR – Ford’s name for a four door sedan.

G
GOUTTE d’EAU – a body with a ‘tear drop’ design, flowing down to the rear.
GOVERNOR – a device used with the carburetor to restrict maximum engine speed.
GRAN TURISMO (GT) – grand touring
GP – Grand Prix or Great Prize.
GT – Grand Touring

H
HARD TOP – a removable top to replace the soft-top. It typically made from fiberglass, although sometime steel and usually painted the same color as the body of the car.
HOOD – American terminology for the sheet metal panel covering the engine.
HOOD – British terminology a convertibles soft-top.
HORSELESS CARRIAGE – a term defined by the Horseless Carriage Club of America applying to cars built before 1915 (See also Antique)

I J K

L
LANDAU- a partially opened limousine. The open part was usually in the front where the driver sat.
LANDAULET – a Landau limousine in which the section over the rear seats also opens or folds down.
LIGHT – a small window as in sidelight, quarterlight, skylight etc.
LIMOUSINE – a chauffeured sedan often with a longer wheelbase and usually with a division between the driver and the passengers. The rear compartment had luxurious features with controls for heating, radio and opening and closing the glass or wood division.

M
MARQUE – a make or brand of car.
MM – Mille Miglia, a 1000 mile Italian road race from 1927 to 1957.
MOTHER-IN-LAW SEAT – a single sideways-facing rear seat. Usually found in coupes or cabriolets.

N

O
OPERA COUPE – a two door closed car with a small folding seat beside the driver. This allowed easy passage to a rear seat for two, usually offset to the right in left-hand drive cars.

P
PANEL BROUGHAM – see BROUGHAM
PHAETON – it means opened top car with four seats. French term taken from the Greek “Phaeton” who drove the chariot of his sun-god father, Helios. A small four door open touring car.

Q
QUARTER WINDOW or QUARTER LIGHT- the small triangular side window to the rear most of the rear door glass, and foremost of the front door main glass.

R
RAGTOP – See soft-top
RIB – a bow made of metal or wood that makes up part of the rigid or semi-rigid frame of a convertible top.
ROADSTER – The term roadster has had several meanings depending on the origin and period. One thing everyone agrees on is that they did not have a top. Most recently the term has meant sportscar, generally it’s accepted to mean, small and powerful two-seater sportscar.
ROLL BAR – A metal bar fashioned in such a way to protect the driver in the event the car rolls over.
RUNABOUT – A small light two seater. Runabout was mainly an American term to indicate small open car, very basic and cheap. Predecessor to the Roadster.

S
SEDANCA – A type of early body design in which the top extended for a quarter of a circle and covered only the passengers in the rear seats.
SHOOTING BRAKE – This is a European term used typically to describe a car that is a cross between a two-door sports coupe and an estate car. Made popular by the well heeled as they wanted a vehicle to move larger than normal amounts of cargo (even dogs when grouse shooting) without having to resort to a dowdy estate car or station wagon!
SPORTIF – a very tight or narrow type of Phaeton.
SPORT COUPE – a closed coupe with a cloth top and sometimes landau irons resembling a convertible.
SPYDER – a light two-seater roadster (also called a Spider). The European term for the English Roadster.
SS – Super Sport
STATION WAGON – a utility car built of wood, typically with four doors.
SUBURBAN – a seven passenger limousine
SUICIDE DOOR- a rear hinged door, typically for the front seat. At speed any chance opening would cause the door to whip backward with great force.
SUPERLEGGERA – super light

T
TARGA – a coupe with a removable roof panel (or panels) from above the heads of the front seat occupants.
THREE POSITION COUPE – A Coupe de Ville which may be presented as a fully closed coupe, a deVille Coupe with the front section open or a fully collapsible convertible.
TONNEAU – the rear compartment of a car body, usually an open touring body. i.e. Phaeton
TONNEAU COVER – soft cover used on parked roadsters to protect the cab from rain when the top is down.
TORPEDO – a long wheelbase very smooth touring car with flat panel’s low doors and sides that offered no protection from the weather. They succeeded Tourers and Phaetons.
TOURING CAR – a four door open car, four seats and without windows. US equivalent of the European Baquet.
TOWN CABRIOLET – A town car in which the covered rear section converts to an open car.
TOWN CAR – a chauffeur driven car with the passengers fully enclosed and the chauffeur exposed. Also known as a Sedanca de Ville or Town Brougham
TUDOR SEDAN – Ford’s term for a two door.
TWIN SIX – Packard’s first twelve-cylinder car introduced in late 1915 and produced until 1920. When Packard reintroduced the new V12 in 1932, the term was reused for that first year only.

U
UNDERSLUNG – an automobile whose frame passed underneath the axles. Used primarily by the American Motor Company of Indianapolis from 1907 to 1914

V
VICTORIA – a close coupled two-door sedan or an enlarged coupe with a rear seat. Also a four door open car with folding top over the rear seat only.
VINTAGE – formerly a term describing cars built between 1915 and 1925 but now used broadly, especially in England, to include cars manufactured between 1920 and 1942.
VIS A VIS – a term used generally to describe a seating arrangement where the passengers sit facing each other.

W
WEYMANN – a patented body in which wooden frame members were joined by metal strips preventing the wood from touching and squeaking.
WINDOW STRAP – a strap attached to the base of a window, which passed inside the body up to the sill, and into the interior of the car. It could be used to pull the window up. Holes in the strap could be buckled against an interior pin to hold the window at various elevations.
WINDSCREEN – English term for windshield
WING – English term for fender
WINTER FRONT – a patented name for a shuttered radiator cover by the Pines Co., which could be opened and closed to regulate engine temperature.
WOODY – a motor vehicle incorporating natural finished wood for structure and all exposed parts of the body. The term has been loosely applied to any car, which uses wood coverings, even over metal.

XYZ

carfax glossary of car dealer license terms   no comments

www.carfax.com

Accident / Damage Indicator —

CARFAX receives information about accidents in all 50 states, the District of Columbia and Canada. Different information in a vehicle’s history can indicate an accident or damage, such as: salvage auction, fire damage, police-reported accident, crash test vehicle, damage disclosure, collision repair facility and automotive recycler records. Not every accident or damage event is reported and not all reported are provided to CARFAX. Details about the accident or damage event when reported to CARFAX (e.g. severity, impact location, airbag deployment) are included on the Vehicle History Report. CARFAX recommends you obtain a vehicle inspection from your dealer or an independent mechanic.

Airbag Deployment —

Occurs when the driver, passenger or side airbag has been used or deployed during a crash or other incident. If an airbag has been deployed, it must be replaced by a qualified technician. Have this car inspected by a mechanic prior to purchase. Use CARFAX Airbag Tips to make sure this vehicle’s airbag system is functional.

Auction Disclosures or Announcements —

Dealers and institutions (i.e. fleet companies, rental car companies, and manufacturers) sell millions of cars at auction each year. Sellers often provide disclosures about a vehicle’s damage, mileage, or repair history. These disclosures are made available to potential buyers in pre-sale lists and in auction announcements.

Auto Auction —

Auto auctions provide CARFAX with odometer readings for vehicles bought and sold at auction. Approximately 31% of used cars sold at dealerships are purchased at auto auctions.

Automotive Recycler —

Vehicles sold at an automotive recycler are often totaled by insurance companies. The majority of these vehicles are 1) rebuilt and sold as a complete vehicle, 2) dismantled and sold for parts, or 3) scrapped and sold as metal. On occasion, they also handle vehicles with no specific damage history.

Bonded Title —

A title is bonded when the owner has no proof of ownership during the titling process. The bond remains in effect for three years or until the vehicle is no longer registered in the state.

Built to Non U.S. Standards —

Vehicle previously registered or titled outside of the U.S. and may not comply with U.S. safety and emissions standards.

Canadian Damage Report —

CARFAX receives damage reports for many accidents occurring in the following Canadian Provinces: Ontario, Alberta, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland, Yukon territories, Northwest territories, and Nunavut. These reports may be completed following an accident or other incident. Some include a damage claim amount. This amount represents physical damage to the vehicle and depending on the accident, damage to other vehicles and/or property. It does not include expenses like towing, a rental car or any medical related items.

Canadian Total Loss Vehicle —

An insurance company declares a vehicle a total loss if the estimated repair cost, plus the salvage value of the damaged vehicle, exceeds the cash value of the vehicle before it was damaged. A Canadian vehicle declared a total loss may require a technical inspection before it can return to the road.

Certified Pre-Owned Vehicle —

Many manufacturers have certified pre-owned programs that promote used vehicles that meet high standards defined by the manufacturer. Each program has a different certification process.

Collision Repair Facility —

A collision repair facility specializes in repairing vehicle damage caused by accidents and other incidents. A vehicle inspection completed by your dealer or a professional inspector is recommended.

Commercial —

Vehicle was registered for business purposes.

Crash Test —

Vehicles used in crash tests are supposed to be sold as junk vehicles. Institutions that test these vehicles disclose this information to CARFAX to help ensure they do not end up back on the road.

Curbstoning —

A curbstoner is a person who purchases vehicles at volumes that require a dealer license and then poses as a private seller to sell to unsuspecting buyers for a large profit. Curbstoning is illegal in most States. CARFAX analyzes a vehicle’s history for specific events to determine if a vehicle is potentially at risk for curbstoning. For instance, a vehicle that has been sold at auction but not issued a new title during a given period of time. Please see the CARFAX Curbstoning Tips for other ways to identify a potential curbstoner.

Damage Disclosure —

When the owner discloses to a DMV or other CARFAX source that the vehicle sustained damage. The extent of damage can range from minor to severe. CARFAX recommends you have this vehicle inspected.

Date Reported —

Refers to the date when the transaction occurred.

Dealer Service Company —

Dealer Service Companies assist auto dealers in managing their inventories. These companies offer data services in the areas of mass marketing, maintenance notification, unit labeling and advertising. Not all dealer service companies report information to CARFAX.

Dismantled Title —

The vehicle sustained major damage to one or more major component parts and the cost of repairing the vehicle for safe operation exceeds its fair market value. When a Dismantled title is issued, the vehicle may be used only for parts or scrap metal. It cannot be re-titled or returned to the road.

Exceeds Mechanical Limits —

A vehicle with a 5-digit odometer cannot accurately track mileage after 99,999 miles because the odometer rolls over. This title is the result of a seller certifying under the Federal Odometer Act, that the odometer reading EXCEEDS MECHANICAL LIMITS of the odometer.

Exempt Vehicle —

In most states, odometer law requires that vehicles less than 10 years old report odometer readings. Vehicles over 10 years old are often exempt from this requirement and do not need to provide odometer readings.

Failed Emissions Inspection —

The emissions check performed during a vehicle inspection indicated the vehicle was emitting more than allowable emissions standards and/or had missing or modified parts. Repeated failed emissions records can indicate engine problems and CARFAX recommends you have the vehicle inspected.

Federal Odometer Act —

The Federal Odometer Act requires a seller to disclose the vehicle’s mileage on the title when ownership is transferred. Congress enacted this Act to prohibit odometer tampering and to protect consumers from mileage fraud. Under this act, sellers must disclose any issues with the vehicle’s odometer. These disclosures translate into the Exceed Mechanical Limits and Not
Actual Mileage titles.

Fire Damage —

CARFAX receives information on vehicle fires from most U.S. jurisdictions. These events are taken from the actual fire department reports compiled at the scene.

Fire Damage Title —

The vehicle sustained major damage due to fire. In most states, fire damage titles are issued when the cost of repairing the vehicle for safe operation exceeds its fair market value.

First Owner —

When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership.

Fleet Management Company —

Fleet Management Companies manage the financing, insurance, maintenance and repair of corporate or government fleet vehicles. Fleet companies are typically self-insured. Several fleet companies provide CARFAX with the repair and damage history of their vehicles.

Fleet Vehicle —

Vehicle was registered or sold to a company that manages vehicle fleets.

Flood Damage Title —

States issue flood titles when a vehicle has been in a flood or has received extensive water damage.

Ford or Lincoln Mercury Recall —

The Ford Motor Company provides Carfax with recall information regarding safety, compliance and emissions programs announced since 2000 for a specific vehicle. For complete information regarding programs or concerns about this vehicle, please contact a local Ford or Lincoln Mercury Dealer.

General Comments —

CARFAX reports display important information in the General Comments column of the Detailed Vehicle History. Comments will vary, depending on the information provided by the source.

Grey Market Vehicle —

Vehicle previously registered or titled outside of the U.S. and may not comply with U.S. safety and emissions standards.

Gross Polluter —

A Gross Polluter is a vehicle that fails an emissions inspection with below-standard scores. These vehicles can pollute as much as 18 times more than a vehicle that passes an emissions inspection. It is illegal to drive or sell a gross polluting vehicle in California, and it cannot be registered with the DMV. CARFAX recommends checking the latest Vehicle Inspection Report to confirm the proper repairs have been completed before purchasing.

Hail Damage Title —

The vehicle sustained major damage due to hail. In most states, hail damage titles are issued when the cost of repairing the vehicle for safe operation exceeds its fair market value.

Information Source —

CARFAX receives data from thousands of data sources. The information source refers to the source or provider of the vehicle history information reported in the Vehicle History Report.

Inspections —

Many states or counties require annual or biennial emissions and/or safety inspections. Odometer readings are collected at the time of the inspection.

Junk Title —

A Junk Title is issued on a vehicle damaged to the extent that the cost of repairing the vehicle exceeds ~ 75% of its pre-damage value. This damage threshold may vary by state. The majority of states use this title to indicate that a vehicle is not road worthy and cannot be titled again. Some states treat Junk titles the same as Salvage.

Lease —

When someone leases a car from a dealer, the dealer actually sells the vehicle to a leasing company. The leasing company then collects payments for the vehicle from the new owner for 24, 36, 48 or more months. A leasing company can be an independent car dealer or a car manufacturer.

Lemon Law Vehicle —

A vehicle with major problems that has been repurchased by or had its price renegotiated with the manufacturer. The state marks its official records or issues a title brand for lemon law vehicles. Laws vary by state as to the specific requirements for a “lemon”. Most manufacturers issue some buybacks that are not the result of Lemon Laws but rather a courtesy.

Lien —

A lien is a legal right to the vehicle by a third party to ensure the repayment of a debt or other financial obligation. This often occurs due to an auto loan. Other types of liens include mechanic’s liens and child support liens. If you are buying, check with the seller to make sure the lien has been resolved.

Loan —

A loan is when a person borrows money from a financial institution or other type of lender with an agreement to pay back the full amount plus interest over a period of time. Loans are usually guaranteed with assets like a vehicle or home. Until the loan is paid off, the lender will have a lien on these assets and has the right to repossess them if the terms of the loan are not met.

Major Parts Removed —

When a vehicle has three or more major parts removed by an automotive recycler.

Manufacturer Buyback or Lemon —

A DMV or a state agency marks an official document or issues a Manufacturer Buyback/Lemon title when a vehicle has been repurchased by the manufacturer. Not all states issue manufacturer buyback titles and the specific requirements for a lemon law vehicle vary by state.

Manufacturer Recall —

Automobile manufacturers issue recall notices to inform owners of car defects that have come to the manufacturer’s attention. Recalls also suggest improvements that can be made to improve the safety of a particular vehicle. Most manufacturer recalls can be repaired at no cost to you.

Manufacturer Vehicle —

Manufacturer vehicles are vehicles put up for sale by the manufacturer. These vehicles are typically only available to dealers at special auctions. These vehicles have generally been registered as lease or rental vehicles.

Manufacturer-Recommended Maintenance Schedules —

Automobile manufacturers provide recommended maintenance schedules for each of their models. These schedules inform owners of maintenance that should be performed on a vehicle at specific mileage milestones. These schedules are available in the owner’s manual or at Edmunds.com.

Mileage Inconsistency —

If a more recent odometer reading is less than an older reading but CARFAX is uncertain whether the discrepancy is a rollback or a clerical error, then CARFAX calls it a “Mileage Inconsistency”. In this case, you should verify the mileage with your dealer or a qualified mechanic.

Motor Vehicle Dept. —

Motor Vehicle Departments issue both titles and registrations to vehicle owners. Each title or registration record on a CARFAX report does not necessarily indicate a change in ownership. New titles and registrations can be created for name, address and lien holder changes; ownership changes; vehicle status changes; registration activity; title corrections; and lost titles.

NICB —

The National Insurance Crime Bureau is a not-for-profit organization whose mission is to combat insurance fraud and vehicle theft for the benefit of both insurance companies and the public.

New Owner Reported —

When a vehicle is sold to a new owner, the Title must be transferred to the new owner(s) at a Department of Motor Vehicles.

Non-Profit —

Vehicle was registered by a “not for profit” agency or business.

Not Actual Mileage Title —

When the seller certifies, under the Federal Odometer Act, that the odometer reading does not reflect the vehicle’s actual mileage. This may occur because the odometer was tampered with, broken, or replaced.

OCRA —

The Oficina Coordinadora De Riesgos Asegurados S.C. (OCRA) is a Mexican not-for-profit corporation organized to detect, investigate and deter vehicle theft and insurance fraud for the good of its members and the public. It manages and controls databases on stolen vehicles and exported vehicles for the benefit of the insurance industry, law enforcement agencies and the public. OCRA obtains vehicle information entirely from other sources and relies on those sources for the accuracy and reliability of this information. Therefore, OCRA accepts no responsibility or liability for any error or omission in this report. OCRA is proud to assist CARFAX customers in their efforts to better understand a vehicle’s history.

Odometer Rollback —

If a more recent odometer reading is less than an older reading, then the odometer may have been tampered with and “rolled back.” CARFAX analyzes the mileage history and the sources of this information to indicate a potential odometer rollback.

Odometer Rollover —

Older vehicles often have 5-digit odometers that roll over to zero when the mileage exceeds 99,999.

Ownership History —

CARFAX defines an owner as an individual or business that possesses and uses a vehicle. Not all title transactions represent changes in ownership. To provide estimated number of owners, CARFAX proprietary technology analyzes all the events in a vehicle history. Estimated ownership is available for vehicles manufactured after 1994 and titled solely in the US including Puerto Rico. Dealers sometimes opt to take ownership of a vehicle and are required to in the following states: Maine, Massachusetts, New Jersey, Ohio, Oklahoma, Pennsylvania and South Dakota. Please consider this as you review a vehicle’s estimated ownership history.

Personal Use —

Vehicle was registered by the owner for private or personal use.

Rebuilt/Reconstructed Title —

A Rebuilt/Reconstructed vehicle is a salvage vehicle that has been repaired and restored to operation. These vehicles are often severely damaged before they are rebuilt and refurbished parts are typically used during reconstruction. In most states, an inspection of the vehicle is required before the vehicle is allowed to return to the road.

Relocation —

When a vehicle is moved from one state to another with no change of ownership.

Rental —

Vehicle was registered by a rental agency.

Repossession —

When a repossession occurs a vehicle owner fails to make loan payments, and the financial institution holding the title takes possession of the vehicle.

Salvage Auction Record —

Most vehicles sold at Salvage auctions were declared totaled by insurance companies. Most of these vehicles have sustained significant damage but there are some exceptions. For instance, recovered stolen vehicles are often declared a total loss regardless of the actual damage. Rebuilders and Recyclers purchase these vehicles at auction with intentions to rebuild them or dismantle them for parts.

Salvage Title —

A Salvage Title is issued on a vehicle damaged to the extent that the cost of repairing the vehicle exceeds ~ 75% of its pre-damage value. This damage threshold may vary by state. Some states treat Junk titles the same as Salvage but the majority use this title to indicate that a vehicle is not road worthy and cannot be titled again in that state. The following eleven states also use Salvage titles to identify stolen vehicles – AZ, FL, GA, IL, MD, MN, NJ, NM, NY, OK and OR.

Scrapped —

Vehicles that have been dismantled and/or crushed and should not return to the road.

Service Plan Company —

Service Plan Companies market extended warranty plans to buyers of both new and used cars as mechanical breakdown insurance. Information is collected from service plan companies when they issue contracts and when they pay repair claims. Not all service plan companies report information to CARFAX.

Stolen Vehicle —

A vehicle is reported stolen when it is reported to a state DMV or an insurance company as missing. It is important to verify the status of a stolen vehicle with NICB before purchase to protect yourself. You could be charged with buying a stolen vehicle, especially if it appears that you may have had knowledge that the vehicle was stolen. You may also lose the vehicle without compensation for the purchase price. You can contact NICB to verify a vehicle’s stolen status by calling 800-447-6282 x 2 or by completing the NICB web form.

Structural / Frame Damage —

In most cases, a vehicle is inspected for structural or frame damage, depending on the body design, after an accident or other incident. All levels of accidents from minor to severe can cause structural / frame damage and in most cases it can be repaired. Having a structural inspection before purchase is recommended.

Taxi —

Vehicle was registered as a taxi or “for hire” vehicle.

Title Issued —

A state issues a title to provide a vehicle owner with proof of ownership. Each title has a unique number. Each title or registration record on a CARFAX report does not necessarily indicate a change in ownership. In Canada, a registration and bill of sale are used as proof of ownership.

Title Washing —

Title Washing is the process through which a vehicle’s title is altered to conceal information that would normally be included. This can be accomplished by either physically altering printed documents or reapplying for a title without disclosing its prior history. Since the CARFAX database retains information about branded titles from all 50 states and the Canadian provinces, the CARFAX Report may help uncover potential title washing.

Total Loss Vehicle —

An insurance or fleet company declares a vehicle a total loss when a claim exceeds ~ 75% of its pre-damage value or if the vehicle is stolen and not recovered. This damage threshold varies by company. These companies typically take possession and obtain the title. Not all total loss vehicles result in a DMV-reported branded title. This may occur when an insurance company’s definition of a total loss is different than the state DMV’s definition for a branded title or when the owner of the vehicle is a self-insured company, like a fleet or rental company.

U.S. Privacy Laws —

The U.S. Driver’s Privacy Protection Act (DPPA) of 1994, among other laws, restricts the use of personal information such as name and address, to specific purposes. It has therefore always been CARFAX’s policy to focus its reporting on vehicles, not people.

Vehicle ID No. (VIN) —

This 17 character number is unique to each vehicle. It identifies characteristics of the vehicle, including manufacturer, year, model, body, engine specifications, and serial number.

Vehicle Reacquired —

A vehicle that has been repurchased by the manufacturer. Manufacturers may choose to buy the vehicle back from a customer after repeated repair attempts or to promote customer satisfaction.

Vehicle Sold With Damage —

Several companies provide data to CARFAX about their fleets. To disclose the true condition of the vehicle, these companies occasionally sell vehicles from their fleets with damage rather than undertake the repairs themselves.

Verified Odometer Rollback —

When an odometer rollback is reported to and verified by a state or province law enforcement agency.

car dealers: make sure your used car dealer insurance policy is written to meet your needs and uses   no comments

Garage Insurance – Used Car Dealers and Repair Shops Watch Those Symbols
By Wake Clinard
Wake Clinard
Level: Basic

Garage insurance is a much misunderstood policy form. Many professional insurance agents are confused about exactly when to use it and more importantly exactly how. You can use a garage liability policy to protect a used car dealer, often referred to as dealer’s insurance, or you can use this same form to protect an automotive repair shop or to set up body shop insurance. The trick is to know the symbols. If you own a car dealership or an automotive repair shop and are purchasing insurance for your business, it is advisable that you find an agent who specializes in the garage insurance form to help you with this purchase so you don’t end up with the wrong form and perhaps find yourself without coverage after a large loss.

As I mentioned earlier, both types of businesses, auto repair and or body shops and used car dealers both need the garage policy. But exactly what kind of operations are covered in these policies is driven by the symbols shown on the policy. This is very important. If your business is automotive repair or body work but your policy is set up with symbols that would apply to a car dealership, you could find yourself without coverage in the event of a liability loss.

So how do you know if you have the correct symbols and thus the correct form? Pull out your garage policy and look at the first page. Beside each type of coverage, usually to the left, there will be a least one two digit number between 21 and 31. These symbols will describe what is protected by the coverage shown beside that symbol. Here is a list of the most common symbols and what each one protects:

Symbol 21 Any auto
Symbol 22 All owned autos
Symbol 23 Owned private passenger autos only
Symbol 24 Owned autos other than private passenger
Symbol 25 Owned autos subject to no fault laws
Symbol 26 Owned autos subject to Uninsured Motorists law
Symbol 27 Specifically described autos
Symbol 28 Hired autos only
Symbol 29 Non-Owned autos used in the Garage Business
Symbol 30 Autos Left for Service/Repair/Storage
Symbol 31 Autos on Consignment

As you have probably figured out, if you are an automobile dealer and you have symbol 30 on your policy, you would find yourself without coverage. So why not just put symbol 21 on all coverages? Well, since code 21 is the broadest coverage, you would have to pay more for this insurance policy and in some cases you might be purchasing insurance protection that you didn’t really need.

Take some time to look at your policy carefully and review the symbols for each line of coverage to make sure that they are appropriate for the work you do. If you need help with this process, consult your agent. If you agent doesn’t specialize in businesses needing garage policy, ie dealers insurance and auto repair shop insurance, then find one who does. This protection is just too important to leave up to an agent who is practicing on the job learning on your policies.

Wake Clinard is the President of Clinard Insurance Group, a full service insurance agency located in Winston Salem, NC. Wake is dedicated to helping businesses involved in the automobile industry from used car dealers to repair and body shops to auto parts stores. Clinard Insurance is the go to market for used car dealers in North Carolina, South Carolina, Georgia, Tennessee and Virginia.

You can read Wake’s blogs and access help with your Garage Insurance by visiting his Used Car Dealer site at http:http://www.theautodealershelper.com or by visiting him on the web at http://www.clinardinsurance.com You can also get help with your Garage Insurance policy by calling, toll free, to 877-687-7557.

Article Source: http://EzineArticles.com/?expert=Wake_Clinard

even a wholesale car dealer needs to carry used car dealer insurance   8 comments

A lot can happen in the auto dealers’ insurance market

By Dave Kaiser

Even with a wave of consolidation through the industry, the number of new and used auto dealerships in the U.S. is close to 100,000, meaning most independent agents have multiple dealers in their own backyards.

“We have been able to find coverage for a variety of auto dealers, from a small mom and pop used car dealer to a dealer specializing in fire trucks or ambulances,” says Jon M. von Arx, vice president. J. L. von Arx & Associates in Long Beach, Calif.

Car makers including GMAC and Ford offer their franchisees financing and insurance packages for their new vehicle inventories. However, independent agents can and do compete for this insurance business by offering dealers better deals than the car makers on the new car coverage and by offering insurance programs that go beyond just new car inventory protection.

A car dealer’s inventory of new versus used vehicles is a key consideration in any insurance program, as is whether a dealer has an open lot or building. Dealers with open lots must contend with weather exposures.

Theft is an obvious issue and rates reflect the theft risk of certain territories. “We judge our auto dealer clients according to the number of employees, territory and Zip Code,” explains Diane Nagby of Cal-Regent Insurance Services Corp. in El Cajon, Calif. “An auto dealer in downtown Los Angeles would be quoted a much higher quote than one in San Diego.”

Cal-Regent writes auto dealers in California and Arizona, with plans to expand to Nevada and Washington. The policies are with State National Insurance Co.

In addition to being an indicator of theft exposure, geography is also a major underwriting consideration given the risks of weather-related damages from snow in the north, midwest and northwest; wind, rain and hurricanes in the southeast; and rain and tornadoes in other parts of the country.

“Theft is the most common claim car dealers encounter but when it comes to the big dollars it is hurricanes and hail. If a hurricane is coming, if a dealer is in a flood zone, they contract with elevated parking structures or a lot on higher ground. They bunch all their cars together, placing the older cars on the perimeter to protect the newer, more expensive ones in the middle from the wind. A lot of the damage comes from wind-blown gravel that tears up the cars’ paint,” explains Dan Hubbel, who is with large broker Willis.

Willis offers a program for dealers of new and used autos with open lots and represents DaimlerCrysler Insurance Co. as an exclusive managing general agent. Its main program, DealerGuard, provides broad physical damage protection and is available on an admitted basis in close to 40 states and on a non-admitted basis in most others. In addition, Willis Programs offers The HailExchange, a monoline coverage for dealers located in hail-prone geographical areas.

According to George Clarke, DealerGuard executive vice president, The HailExchange gives agents a source of dealer open lot coverage even when a dealer has just suffered a multi-million dollar hail loss.

“At this point in time everyone is cognizant of the fact that property insurance is at a premium or non-existent in the Gulf states especially in Florida,” Clarke said. “DealerGuard, however, remains wide open for business and still at reasonable pricing and terms.”

Other exposures
Like most businesses, car dealers should also buy general premises liability, fire, employee dishonesty, errors and omissions, business interruption and workers’ compensation insurance.

Dealerships that in addition to selling also perform auto repairs–and most do–face additional exposures and require special insurance considerations.

Product Liability and Completed Operations protects the business in the event a customer is harmed by a faulty repair or part. Garage Keepers Legal Liability covers for damage caused by employees to customers’ automobiles.

Many dealerships in the repair business are also advised to carry pollution liability coverage if they have gasoline tanks on their premises and if they are disposing of motor oils and tires.

Insurance Services Office has an Auto Service Risks package as part of its Market Segments program. Through this, ISO carriers get policy forms, rules, and loss costs to help them offer specialized policies to this class of business.

A number of national and regional carriers, including Farmers, Federated and AIG have packages aimed at the auto services market. Zurich’s Universal Underwriters specializes in insurance for the auto industry. Lexington, Scottsdale and others also provide coverage for the market. The complete list of providers is a long one.

There are many brokers and programs managers who deal with car dealers. To name a few:

Carter Insurance Group by (www.carterinsure.com) out of Tampa, Fla., is underwriting manager for the CAR-PAC program.

Creative Agency Group (www.creativeagency.com) in Holmdel, N.J., markets the Distinguished Dealer Program, which is underwritten by Peerless Insurance.

Out of Stockton, Calif., is Automotive Risk Management & Insurance Services Inc., (www.armonline.com) which focuses on the transportation industry. ARM’s Web site is worth the visit for its slideshow on The Art of a Fabulous Package Submission.

J. L. von Arx & Associates in Long Beach, Calif., offers non-admitted garage liability coverage for dealers in California and Arizona; and admitted garage liability coverage in California. It has several programs for high valued dealer inventory and high value garage-keepers exposures that pay 7.5 to 10 percent commission.

exotic car buyers: it is easier to hold a wholesale car dealer license than attempt a questionable sales tax scam   no comments

many offer legal ways to avoid sales tax
the best method is to hold a wholesale car dealer license
bar none…..gotplates.com
How to Avoid Sales Tax—Legally
Five states do not levy sales taxes—Alaska, Delaware, Montana, New Hampshire, and Oregon. Oregon is the winner here
by John Draneas

Ever feel like you’re being taxed to death? Everyone feels that way on April 15, but another way to feel the pinch is to buy a collector car and stop by your local DMV to get it licensed.

Consider a hypothetical SCMer taxpayer. He finds the right Ferrari Daytona coupe owned by a motivated seller. After modest negotiations (and thorough pre-purchase inspections by Ferrari experts to confirm its authenticity, history, and mechanical, body, chassis and cosmetic condition), he writes a check for $250,000. A few days later, he drives the Daytona to his nearest DMV office, and collapses when he gets the registration bill.

If our taxpayer lives in San Francisco, he’s facing one of the highest sales taxes in the country. California’s base sales tax rate is 7.25%, but local governments and special districts are allowed to add to that. As a result of the add-ons, the sales tax rate in San Francisco is 8.5%, which adds $21,250 to the cost of the Daytona. Granted, this is a lot more than the typical state’s 6%, but it’s not even the highest sales tax rate in California. That honor goes to the city of Southgate, in Los Angeles County, which tops out at a whopping 9.25%.

And the expenses don’t stop there. California’s annual vehicle licensing fee is 0.65% of a car’s value, adding another $1,625 to the cost of our taxpayer’s Ferrari. But California is in a deep budget mess. At this writing, a news report claimed that a tentative budget deal would raise this fee to 2% of the car’s value. That would cost our taxpayer another $5,000 every year.

There are no limits to these taxes, and the same percentages apply to all collector cars, and they mount up as the value of the car goes up. As you would expect, our taxpayer would love to know how to avoid some or all of these additional taxes.

Use tax backs up sales tax

Sales taxes are levied only in retail transactions. The seller collects the sales tax from the buyer and sends it to the state. But it’s too burdensome to require private sellers to do that. So every state that imposes a sales tax backs it up with a use tax.

In private transactions, the purchaser is legally required to report the purchase and pay a use tax, which is levied at the same rate as the sales tax. Obviously, very few purchasers bother to do that, and use tax revenue is dramatically limited. But use tax is very easily collected when licensing the vehicle.

Dealers have their own snags

Sales and use taxes are not imposed on wholesale transactions. Car dealer purchases are exempt, as they will collect a sales tax from the retail purchaser of the car. Some car collectors have discovered they can get licensed as a car dealer rather inexpensively. Dealer status allows them to exempt their purchases from sales and use tax, but it has its shortcomings.

First off, dealer status makes your car insurance more difficult. Your “inventory” can’t be properly insured under a consumer policy, and sneaking it may allow the insurance company to deny your claim on the basis of fraud, just when you need the coverage most. As a dealer, you have to collect sales tax and file reports with the state when you sell a car, creating an administrative burden and accounting expense.

But the greatest financial concern is that dealer status can make you lose out on capital gains taxation when you sell the car. Sales from a dealer’s inventory are taxed as ordinary income, currently a 35% maximum tax rate. That is a lot more than the bargain basement 15% federal capital gains rate, previously reported by “Legal Files.”

It’s a pretty easy audit issue for the IRS. “Mr. Taxpayer, we know you wouldn’t lie to your state government about your sales and use tax status—that would be a crime. If you had purchased this vehicle for investment purposes, you would have paid sales or use tax. You didn’t do that, so it must be inventory, right?”

And try getting the auditor to believe that you bought the Daytona as inventory, but later decided to keep it as an investment, and didn’t realize that doing so meant you had to pay use tax to your state.

Find a tax shelter state

If our taxpayer is willing to do it, he can avoid the sales and use tax by parking his Daytona in another state, at least for a while. California law, which is probably typical, imposes a sales or use tax only on cars purchased for use within the state. That is, California can’t tax the Daytona until it comes into California. Think of it this way. If you owned a vacation home in another state and bought a car to leave there for use when you stayed at your vacation home, no one would expect California to levy a tax on a car registered in the other state.

Yacht owners have been doing this for years. It is fairly common practice for California yacht owners to take delivery of their yachts at the Ensenada, Mexico, yacht harbor and leave them there long enough to escape California sales tax. But leaving the Daytona in Mexico isn’t very appealing for many reasons, and our taxpayer would prefer to keep it in the United States. But just placing it in another state will expose it to sales or use tax in that state. There may be some savings because California has a very high sales tax rate, but it isn’t a complete victory. What our taxpayer needs is a tax haven state for his Daytona.

There are five states that do not levy sales taxes—Alaska, Delaware, Montana, New Hampshire, and Oregon. Oregon is the winner here because it has very appealing vehicle registration laws. Under Oregon law, you can register your Daytona in Oregon if you are a resident of Oregon, or if the Daytona is garaged in and used in Oregon. In other words, the Daytona can be registered in Oregon if it is an Oregon resident, no matter where you live. And, to make it even more alluring, your initial Oregon title and licensing fees, regardless of value, come out to about $120, and that licenses the car for two years.

You can go home again

This may seem rather far-fetched, but it’s really quite doable. All our taxpayer needs to do is find a place to store the Daytona in Oregon, and a local contact, and he can avoid the California taxes and license fees altogether. And having a car to drive in Oregon enables him to enjoy great roads and scenery—and the tax savings can pay for plane trips back and forth.

But at some point, our taxpayer is going to want to bring the Ferrari home to California. Can he ever afford to do so?

California law is quite helpful in this regard. No sales or use tax is imposed when a California resident imports a car that he owned, licensed, and used in another state. To prevent subterfuges, two requirements are imposed: (1) the car must have been registered in the other state for at least 90 days (until recently, the requirement was one year); and (2) the owner must have actually used the car in the other state throughout its stay. Just parking it there for a few days won’t be enough. Our taxpayer will need gas receipts, airfare and lodging expense receipts, etc., to establish that he actually used the Daytona in Oregon throughout the 90-day period.

Out-of-the-box thinking

This may seem like a complicated solution, but “Legal Files” has assisted several collectors in legitimately avoiding sales and use taxes in this manner, the more notable ones involving a Porsche Carrera GT and a McLaren F1. At those levels, the savings can run into six figures.

The Pacific Northwest is a great place to visit, and the roads and scenery are fantastic. You can take advantage of upcoming car club events to plan your local usage. Then, after your Oregon-resident collector car has been properly “seasoned,” you can work on getting it into your home state in a nontaxable manner.

car dealers: collecting sales tax is one of your most important obligations   2 comments

Sales taxes in the United States

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Taxation in the United States
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Contents

Sales taxes in the United States are taxes added onto the price of goods or services that are purchased in the United States. A sales tax is a tax on consumption, which is displayed as a percentage of the sale price. Sales taxes are assessed by every state except Alaska, Delaware, Montana, New Hampshire and Oregon. Hawaii has a similar tax although it is charged to businesses instead of consumers. In some cases, sales taxes are also assessed at the county or municipal level.

The sales tax is the responsibility of the merchant to collect and remand to the state, and stated separately (or implicitly added at the time of sale) to consumers. Usually only consumers are charged the tax; resellers are exempt if they do not make use of the goods. In some jurisdictions, a reseller’s certificate is required to make use of this privilege. This is in contrast to a value added tax (VAT), where resellers are also taxed (resellers may then claim the VAT paid on their purchases from the applicable authority). States which have exemptions for specific types of organizations (such as schools), may also require a certificate. A sales tax audit is the examination of a company’s financial documents by the state’s tax agency to verify if they have collected the correct amount of sales tax from their customers.

The Constitution of the United States limits the power of the states to subjects within their jurisdiction. Jurisdiction over interstate commerce is reserved to the federal government. Nevertheless, a resident of a state with a sales tax who purchases goods from a place with no sales tax (or at a lower rate) might be subject to pay a “use tax” (often at the same rate as the state sales tax) for non-exempt purchases (see also tax-free shopping). Washington, D.C. policymakers have also looked at adding a national value added tax in combination with an income tax as a way to generate additional revenue.[1]

History

In 1921, West Virginia became the first US state to enact a sales tax . Georgia passed legislation enacting a sales tax in 1929. 11 other states enacted sales taxes in 1933 alone. By 1940, at least 30 states had a sales tax.[2] Currently, 45 of the 50 U.S. States levy a sales and use tax against purchases. Alaska, Delaware, Montana, New Hampshire, and Oregon are the exceptions.[3]

Impact of sales taxes

Sales taxes are often implemented with the effect of being “regressive” on income (using a cross section time-frame), since low income families spend a greater share of their income on taxable consumption in a given year. Sales taxes can be applied to tangible goods like food (in some states), clothing, cars, furniture, household items, and other goods that make up the bulk of lower-income and middle-income family budgets.[4] By comparison, the sales tax does not generally apply to landscaping services, attorney fees, private school tuition, stocks and bonds, real estate investments, and other purchases more typically made by higher-income families.

The effect on the distribution of economic welfare differs with each state and their implementation of a tax.[4] In addition, sales taxes do not apply to all goods, services, and investments made by various families, creating differing impacts on families at different income levels. Many states attempt to offset regressive effects by exempting necessity goods (like groceries) from the sales tax base.[5] Some states have also worked to expand the sales tax to services, not traditionally taxed, in part as an effort to address fairness and the shift to a service economy.[6] The sales tax also poses equity issues between those who can avoid the sales tax by buying on-line and those who shop locally. The Streamlined Sales Tax Project is an organized effort by states to standardize tax law among states and ultimately begin taxing Internet and mail-order sales in order to address this equity challenge.[7]

Other types of state tax systems can have similar distributions of tax incidence. The Tax Foundation states that corporate taxes accounted for 6.3 percent of low-income households’ tax bills last year and estimate that American households pay $3,190 on average in corporate income taxes per year.[8] Sales taxes are often seen as good tax systems for economic growth, savings, and investment. Economists at the Organisation for Economic Co-operation and Development studied the effects of various types of taxes on the economic growth of developed nations within the OECD and found that sales taxes are one of the least harmful taxes for growth.[9]

States and federal districts

Alabama

Alabama has a state general sales tax of 4%, plus any additional local taxes which can amount to a combined total sales tax of up to 10% in some cities such as Montgomery. Alabama is one of several states that do not exempt food from state taxes[10]. The capital of Montgomery has a sales tax of 3.5%[11]. The largest city of Birmingham has a sales tax of 4%[12].

Alaska

There is no state sales tax in Alaska[13]; however, local governments (boroughs and their municipalities) may levy up to 7%, and 108 of them do so[14]. Municipal sales taxes are collected in addition to borough sales taxes, if any. Regulations and exemptions vary widely across the state.[15] Anchorage and Fairbanks do not charge a local sales tax[14]. The capital of Juneau has a 5% sales tax rate[16].

Arizona

Arizona has a transaction privilege tax (TPT) that differs from a “true” sales tax in that the tax is levied on the gross receipts of the vendor and is not a liability of the consumer.[17] (As explained in Arizona Administrative Code rule R15-5-2202,[18] vendors are permitted to pass the amount of the tax on to the consumer, but remain the liable parties for the tax to the state.) TPT is imposed under sixteen tax classifications (as of November 1, 2006),[19] with the tax rate most commonly encountered by Arizona consumers (e.g., for retail transactions) set at 5.6%. The current tax as of 2009 is 6.3%,[20] though cities and counties can add as much as 6% to the total rate.[20] Food for home consumption and prescription drugs (including legend drugs and certain prescribed homeopathic medication) are two of many items of tangible personal property that are statutorily exempt from the state retail TPT, but cities can charge tax on food and many do). Arizona’s TPT is one of the few excise taxes in the country imposed on contracting activities rather than sales of construction materials.[21] The capital and largest city of Phoenix has a 2% TPT rate[22].

Arkansas

Arkansas has a state sales tax of 6%, plus any additional local taxes[23], for instance Little Rock charges a 0.5% city sales tax[24].

Effective July 1, 2009, Arkansas state sales tax on unprepared food (groceries) reduced to 2% from 3%. Sales taxes on groceries had previously been reduced to 3% from 6% on July 1, 2007. Local sales taxes on groceries remained unchanged.

California

At 8.25%, California has the highest state sales tax, which can total up to 10.75% with local sales tax included[25]. Sales and use taxes in the state of California are collected by a publicly elected tax commission. The statewide 8.25% is allocated as:[26]

  • 8.25% – State
    • 5.00% – State – General Fund
    • 0.25% – State – Fiscal Recovery Fund
    • 0.50% – State – Local Revenue Fund
    • 0.50% – State – Local Public Safety Fund
    • 1.00% – Uniform Local Tax
      • 0.25% – Local County – Transportation funds
      • 0.75% – Local City/County – Operational funds

On April 1, 2009 the state sales and use tax increased by 1% as a result of the 2008-2009 California budget crisis. The minimum sales tax statewide is 8.25%.[27][28]

Supplementary sales tax may be added (with voter approval) by cities, counties, service authorities, and various special districts (such as the Bay Area Rapid Transit district). The effect is that sales tax rates vary from 8.25% (in areas where no additional taxes are charged) to 10.75% (as of July 1, 2009, the city of South Gate and Pico Rivera increased their sales-tax rate to this level, the highest in California)[29]. For instance, the capital of Sacramento has a combined 8.75% sales tax rate, and the largest city of Los Angeles has a combined 9.75% sales tax rate[25].

The last changes to the published local tax rates took effect on April 1, 2007. Official updates are published on the Board of Equalization website and also in Publication 71.[30][31]

In general, sales tax is required on all purchases of tangible personal property to its ultimate consumer. Services are not subject to sales tax (but may be subject to other taxes).

Vehicle purchases are taxed based on the city and county in which the purchaser registers the vehicle, and not on the county in which the vehicle is purchased. There is therefore no advantage in purchasing a car in a cheaper county to save on sales tax (a one-percent difference in sales tax rate would otherwise result in an additional $300 loss on a $30,000 car).

In grocery stores, unprepared food items are not taxed but vitamins and all other items are. Ready-to-eat hot foods, whether sold by supermarkets or other vendors, are taxed. Restaurant bills are taxed. As an exception, hot beverages and bakery items are tax-exempt if and only if they are for take-out and are not sold with any other hot food. If consumed on the seller’s premises, such items are taxed like restaurant meals. All other food is exempt from sales tax.

Also excluded are food animals (livestock), food plants and seeds, fertilizer used to grow food, prescription drugs and certain medical supplies, energy utilities, certain alternative energy devices and supplies, art for display by public agencies, and veterans’ pins. There are many specific exemptions for various veterans’, non-profit, educational, religious, and youth organizations. Sale of items to certain out-of-state or national entities (mostly transportation companies) is exempt, as are some goods sold while in transit through California to a foreign destination.

Occasional or one-time sales not part of a regular business are exempt, except that sales of three or more non-food animals (puppies, kittens, etc.) per year are taxed.[32]

There are also exemptions for numerous specific products, from telephone lines and poles, to liquid petroleum gas for farm machinery, to coins, to public transit vehicles. There are partial exemptions for such varied items as racehorse breeding stock, teleproduction service equipment, farm machinery, and timber-harvesting equipment.[33] For an organized list of exemptions, with estimates for how much revenue the state loses and the people saves for each, see Publication 61 of the Board of Equalization.[34]

Sales tax is charged on gasoline. The tax is levied on both the gasoline and on the federal and state excise taxes, resulting in a form of “double taxation” (if the money used to purchase the gas had already been subject to income tax, as would be the case with a California resident, the scheme results in a rare form of triple taxation). The sales tax is included in the metered price at the pump. The California excise tax on gasoline is 18 cents a gallon.[35]

Motor vehicle gasoline and jet fuel are subject to special taxation regimes. In 2005, there was a political dispute in the San Francisco Bay Area about whether revenues for jet fuel should be credited to San Mateo County (where San Francisco International Airport is physically located), the City and County of San Francisco, which owns the airport, or Alameda County, where Oakland International Airport is located. (The distinction is largely point of delivery vs. point of negotiation for the sale.) This is controlled by Regulation 1802,[36] which has other provisions about businesses which have multiple locations.

Critics of the current sales tax regime charge that it gives local governments an incentive to promote commercial development (through zoning and other regulations) over residential development, including the use of eminent domain condemnation proceedings to transfer real estate to higher sales tax generating businesses.[37] This is a result of Proposition 13 passed by California voters in the 1970s.

Colorado

Colorado‘s state sales tax is 2.9% with some cities and counties levying additional taxes[38]. Denver‘s tangibles tax is 3.62%, with food eaten away from the home being taxed at 4%. There is also a football stadium tax, mass transit tax, and scientific and cultural facilities tax. Most transactions in Denver and the surrounding area are taxed at a total of about 8%. The exact sales tax rate for Denver is 7.72%[39].

Connecticut

Connecticut has a 6% sales tax, with no additional local taxes[40]. Most non-prepared food products are exempt, as are most prescription and nonprescription medications, all internet services, all magazine and newspaper subscriptions, and textbooks (for college students only). Most clothing costing less than $50 per item is also exempt; items costing more than $50 are charged sales tax on the entire price.[41]

Shipping and delivery charges (including charges for U.S. postage) made by a retailer to a customer are subject to sales and use taxes when provided in connection with the sales of taxable tangible personal property or services. The tax applies even if the charges are separately stated and applies regardless of whether the shipping or delivery is provided by the seller or by a third party. No tax is due on shipping and delivery charges in connection with any sale that is not subject to sales or use tax. Shipping or delivery charges related to sales for resale or sales of exempt items are not taxable. Likewise, charges for mailing or delivery services are not subject to tax if they are made in connection with the sale of nontaxable services.[42]

Delaware

Delaware does not assess a sales tax on consumers. The state does, however, impose a tax on the gross receipts of most businesses. Business and occupational license tax rates range from 0.096 percent to 1.92 percent, depending upon the category of business activity.

District of Columbia

Washington, D.C. has a sales tax rate of 6.00%. The tax is imposed on sale of tangible personal property and selected services. A 9% tax is imposed on liquor sold for off premises consumption, 10% on restaurant meals and rental cars, 12% on parking, and 14% on hotel accommodations. Groceries, prescription and non-prescription drugs, and residential utilities services are exempt from the District’s sales tax[43].

The District once had two sales tax holidays each year, one during “back-to-school” and one preceding the holiday shopping season. The ‘back to school’ tax holiday was repealed on May 12, 2009.[44]

Florida

Florida has a general sales tax rate of 6%.[45] The tax is imposed on the sale or rental of goods, the sale of admissions, the lease, license, or rental of real property, the lease or rental of transient living accommodations, and the sale of a limited number of services such as commercial pest control, commercial cleaning, and certain protection services. There are a variety of exemptions from the tax, including groceries and prescriptions.[46]

A “discretionary sales surtax” may be imposed by the counties of up to 1.5%, charged at the rate of the destination county (if shipped). This is 1% in most counties, 0.5% in many, 1.5% in very few such as Leon, and 0.25% in one county. A few have none at all. Most have an expiration date, but a few do not. Only the first $5,000 of a large purchase is subject to the surtax rate.[47] Most counties levy the surtax for education or transportation improvements.

There are annual sales tax holidays, such as a back-to-school holiday on clothing, books, and school supplies under a certain price, as well as one in June 2007 to promote hurricane preparedness. The 2008 Legislators did not enact any sales tax holidays.

Florida also permits counties to raise a “tourist development tax” of up to an additional 6% on hotel rooms.

Georgia

Georgia has a 4% state sales tax rate. Groceries are exempt from the state sales tax, but still subject to tax by the local sales tax rate. Counties may impose local sales tax of 1%, 2%, or 3%, consisting of up to three 1% local-option sales taxes (out of a set of five) as permitted by Georgia law. These include a SPLOST, a homestead exemption (HOST), and one for public schools which can be put forth for a referendum by the school board instead of the county commission (in cooperation with its city councils). Also, the city of Atlanta imposes an additional 1% municipal-option sales tax (MOST), as allowed by special legislation of the Georgia General Assembly, solely for the purpose of fixing its water and sewerage systems.

As of July 2008, total sales tax rates in Georgia are 3% for groceries and 7% for other items in the vast majority of its 159 counties. A few counties charge only 2% local tax (6% total on non-grocery items), and four partially exempt groceries from the local tax by charging 2% on food, and 3% (7% total) on other items. Fulton and DeKalb counties charge 1% for MARTA, and adjacent metro Atlanta counties may do so by referendum if they so choose. For the portions of Fulton and DeKalb within the city of Atlanta, the total is at 8% (4% on groceries) due to the MOST.[48]

Similar to Florida and certain other states, Georgia has two sales tax holidays per year. One is for back-to-school sales the first weekend in August, but sometimes starting at the end of July. A second usually occurs in October, for energy-efficient home appliances with the Energy Star certification.

Georgia has many exemptions available to specific businesses and industries. To identify potential exemptions, businesses and consumers must research the laws and rules for sales and use tax and review current exemption forms.[49]

Hawaii

Hawaii does not have a sales tax, but it does have an excise tax which applies to nearly every conceivable type of transaction (including services), and is technically charged to the business rather than the consumer. Unlike other states, rent, medical services and perishable foods are subject to the excise tax. Also, unlike other states, businesses may or may not show the tax separately on the receipt, as it is technically part of the selling price. 4.0% is charged at retail with an additional 0.5% surcharge in the City and County of Honolulu (for a total of 4.5% on Oahu sales), and 0.5% is charged on wholesale.[50] However, the state also allows “tax on tax” to be charged, which effectively means a customer is billed 4.166% (4.712% on Oahu). The exact dollar or percentage amount to be added must be quoted to customers within or along with the price. The 0.5% surcharge on Oahu was implemented to fund the new rail transport system.[51] The use of an excise tax means that tax-exempt non-profit organizations must pay the tax, unlike states where they are exempt from sales taxes.

Idaho

Idaho has a 6.0% state sales tax. Some localities levy an additional local sales tax.[52]

Illinois

Illinois’ sales and use tax scheme includes four major divisions. Retailers’ Occupation Tax, Use Tax, Service Occupation Tax and the Service Use Tax. Each of these taxes is administered by the Illinois Department of Revenue. The Retailers’ Occupation Tax is imposed upon persons engaged in the business of selling tangible personal property to purchasers for use or consumption. It is measured by the gross receipts of the retailer. The base rate of 6.25% is broken down as follows: 5% State, 1% City, 0.25% County. Local governments may impose additional tax resulting in a combined rate that ranges from the State minimum of 6.25% to a current high of 11.50% in certain business districts in Cook County.[53]. Springfield charges 7.75% total (including state tax). A complementary Use Tax is imposed upon the privilege of using or consuming property purchased anywhere at retail from a retailer. Illinois registered retailers are authorized to collect the Use Tax from their customers and use it to offset their obligations under the Retailers’ Occupation Tax Act. Since the Use Tax rate is equivalent to the corresponding Retailers’ Occupation Tax rate, the amount collected by the retailer matches the amount the retailer must submit to the Illinois Department of Revenue. The combination of these two taxes is what is commonly referred to as “sales tax.” If the purchaser does not pay the Use Tax directly to a retailer (for instance, on an item purchased from an Internet seller), they must remit it directly to the Illinois Department of Revenue.[54]

The Service Occupation Tax is imposed upon the privilege of engaging in service businesses and is measured by the selling price of tangible personal property transferred as an incident to providing a service. The Service Use Tax is imposed upon the privilege of using or consuming tangible personal property transferred as an incident to the provision of a service. An example would be a printer of business cards. The printer owes Service Occupation Tax on the value of the paper and ink transferred to the customer in the form of printed business cards. The serviceperson may satisfy this tax by paying Use Tax to his supplier of paper and ink or, alternatively, may charge Service Use Tax to the purchaser of the business cards and remit the amount collected as Service Occupation Tax on the serviceperson’s tax return. The service itself, however, is not subject to tax.

Qualifying food, drugs, medicines and medical appliances[55] have sales tax of 1% plus local home rule tax depending on the location where purchased. Newspapers and magazines are exempt from sales tax as are legal tender, currency, medallions, bullion or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country.

Illinois’ system is exceptionally complicated. A brief overview is detailed on the Illinois Department of Revenue website.[56]

The city of Chicago has the highest total sales tax of all major U.S. cities.[57] It is also one of the most complex. 10.25% is levied on all non-perishable goods purchased, while 2% is levied on qualifying food, drugs, medicines and medical appliances.[57] The Illinois Department of Revenue collects a 3% Chicago Soft Drink Tax and a 1% Metropolitan Pier and Exposition Authority (MPEA) “Food and Beverage Tax”, on prepared food and beverage purchases in the downtown area (These “downtown” boundaries are: Surf Street on the north, Ashland Avenue on the west, Stevenson Expressway (I-55) on the south, & Lake Michigan on the east. Furthermore, O’Hare and Midway airports also fall under the 1% MPEA tax district).[58] In addition, the Chicago Department of Revenue collects additional sales taxes on items such as fountain drinks, bottled water, liquor, and cigarettes.[59] Effective July 1, 2010, the sales tax rate in Chicago is scheduled to decrease by 0.5% to 9.75%. [57]

Indiana

Indiana has a 7% state sales tax. The tax rate was raised from 6% on April 1, 2008, to offset the loss of revenue from the statewide property tax reform, which is expected to significantly lower property taxes. Untaxed retail items include medications, water, ice and unprepared, raw staple foods or fruit juices. Many localities, inclusive of either counties or cities, in the state of Indiana also have a sales tax on restaurant food and beverages consumed in the restaurant or purchased to go. Revenues are usually used for economic development and tourism projects. This additional tax rate may be 1% or 2% or other amounts depending on the county in which the business is located. For example, in Marion County, Indiana, the sales tax for restaurants is 10%. There is an additional 2% tax on restaurant sales in Marion County to pay for Lucas Oil Stadium.

Iowa

Iowa has a 6% state sales tax, including 1% dedicated to local school districts. A local option sales tax of 1% is imposed in most cities and in the unincorporated portion of most counties, bringing the total up to a maximum of 7%. There is no tax on most unprepared food. The Iowa Department of Revenue provides information about local option sales taxes,[60] including sales tax rate lookup.

Kansas

Kansas has a 5.3% state sales tax. More than 700 jurisdictions within the state (cities, counties, and special districts) may impose additional taxes. For example, in the capital city of Topeka, retailers must collect 5.3% for the state, 1.15% for Shawnee County, and 1% for the city, for a total rate of 7.45%. As of February 2007, the highest rate was 8.65%, in the Roeland Park Transportation District.

Kentucky

Kentucky has a 6% state sales tax. Most staple grocery foods are exempt. Alcohol sales were previously exempt until April 1, 2009, when a 6% rate was applied to this category as well.

Louisiana

Louisiana has a 4% state sales tax: 3.97% to sales tax and .03% to Louisiana tourism district.[61] There are also taxes on the parish (county) level and some on the city levels, Baton Rouge has a 5% sales tax.[62] Parishes may add local taxes up to 5%, while local jurisdictions within parishes may add more. Louisiana also bids out sales tax audits to private companies, with many being paid on a percentage collected basis.

Orleans Parish collects the maximum 5% tax rate for a total of 9% on general purpose items.[63]

Maine

Maine has a 5% general, service provider and use tax.[64] The tax on lodging and prepared food is 7% and short term auto rental is 10%. These are all generally known as “sales tax”.

Maryland

Maryland has a 6% state sales and use tax (7% restaurant sales tax in Worcester County) as of January 3, 2008 (it was 5% before this), with exceptions for medicine, residential energy, and most non-prepared foods. Currently, many services (e.g., auto repair labor, haircuts, accounting) are not taxed. With this tax increase, Maryland added sales tax on Internet purchases and other mail items such as magazine subscriptions. Clothing is also taxable.

Certain computer services were to be subject to sales tax and use tax effective July 1, 2008 after being approved without public hearing during the 2007 Special Legislative Session.[65] However, after effective lobbying by computer services professionals, the tax was repealed April 6 during the final days of the General Assembly. Following declining approval ratings and intense public pressure, Governor Martin O’Malley relented and authorized the repeal.

Massachusetts

Massachusetts has a 6.25% sales tax as of August 1, 2009, with numerous exceptions including (among other things): “food products” (but excluding prepared meals); residential water, gas, electric services; returnable containers, clothing and footwear up to $175 (for clothing over $175, tax is due only on the amount over $175 per item[66]); prescription medicines, prostheses and medical appliances or services; publications for use in education or religious worship; poultry and livestock, as well as their feed; fruit and vegetable stock for generating food for humans; tools, machinery, parts, etc., for use in agriculture; cloth or other materials used for making clothing; residential heat pump, solar or wind power system; items purchasable with federal food stamps; the American Flag; etc. An enacted change in 2006 taxes computer software that is downloaded for use in Massachusetts, whereas previously this was viewed as a non-taxable “service”.[67]

On August 1, 2009, the sales tax rate in Massachusetts has increased to 6.25% from 5.00%. The state’s alcohol, satellite television, meals, and hotel taxes also increased on that date.[68]

Every year since 2004, the State Government has enacted tax holidays suspending the sales tax on purchases for one weekend in August. Motor vehicles, motorboats, meals, telecommunications services, gas, steam, electricity, tobacco products, and any single item with a price exceeding $2,500 were excluded from the holiday.[69] This tradition was halted in 2009, when the holiday was limited to Energy Star appliances under $2,500. Governor Deval Patrick noted that the fiscal losses to the Commonwealth were too great to afford a tax holiday in the present economic climate.[70]

Michigan

Michigan has a 6% sales tax. Michigan has a use tax of 6%, which is a tax that is applied to items brought into Michigan but not bought there, and on rentals in some situations, and is supposed to be paid when filing income tax.[71] A service tax was approved in September 2007, effective December 1, 2007, allowing certain services to be taxed. The services tax was repealed the same day it went into effect. There is no local sales tax in Michigan. Food, periodicals[72], and prescription drugs are not taxed. Restaurants, however, do have a tax, but the tax is for the service and not on the food. Michigan also has recently introduced a business tax called the Michigan Business Tax (MBT) which replaces the Single Business Tax (SBT).[73]

Minnesota

Minnesota currently has a 6.875% statewide sales tax. The statewide portion consists of two parts: a 6.5% sales tax with receipts going to the state General Fund, and a 3/8 of 1 percent tax going to arts and environmental projects. The 3/8 of 1 percent tax was passed by a statewide referendum on Nov. 4, 2008, and went into effect on July 1, 2009.[74] Generally, food (not including prepared food, some beverages such as soda pop, and other items such as candy) and clothing are exempt from the sales tax. Prescription drugs are also exempt.[75]

Local units of government may, with legislative approval, impose additional general sales taxes. As of July 1, 2008, an additional 0.25% Transit Improvement tax was phased in across five counties in the Minneapolis-St. Paul metropolitan area for transit development. These counties are Hennepin, Ramsey, Anoka, Dakota, Washington. A 0.15% sales tax is imposed in Hennepin County to finance the Minnesota Twins‘ new Target Field. Several cities impose their own citywide sales tax: Saint Paul (0.5%), Minneapolis (0.5%), Rochester (0.5%), and Duluth (1%).

These additional taxes increase the total general sales tax rates to 7.875% in Duluth, 7.775% in Minneapolis, 7.625% in Saint Paul, and 7.375% in Rochester.

In addition to general sales taxes, local units of government can, again with legislative approval, impose sales taxes on certain items. Current local option taxes include a “lodging” tax in Duluth (3%), Minneapolis (3%), and Rochester (4%), as well as served “food and beverage” tax in Duluth (2.25%).

Alcohol is taxed at an additional 2.5% gross receipts tax rate above the statewide 6.875% sales tax rate, for a total rate of 9.375%, not including any applicable local taxes.

Mississippi

Mississippi has a 7% state sales tax. Cities and towns may implement an additional tourism tax on restaurant and hotel sales. The city of Tupelo has a 0.25% tax in addition to other taxes. Restaurant and fast food tax is 9%. The city of Hattiesburg also has a 9% sales tax on Restaurant and fast food tax.

Missouri

Missouri imposes a sales tax upon all sales of tangible personal property, as well as some “taxable services”[76]; it also charges a use tax for the “privilege of storing, using or consuming within this state any article of tangible personal property.”[77] The state rate, including conservation and other taxes, is 4.225%, and counties, municipalities, and other political subdivisions charge their own taxes.[78] The state sales tax rate on certain foods is 1.225%.[79]

Transportation Development Districts and Museum Districts may impose sales tax (but not use tax) up to 1%, in addition to all other sales taxes. However, the Missouri Department of Revenue does not administer sales tax for these districts, nor does it publish their sales tax rates. As of August 2007, there is no public, comprehensive and complete list of these districts, their locations, and the sales tax rates they impose.

Missouri provides several exemptions from sales tax, such as purchases by charitable organizations or some common carriers (as opposed to “contract carriers”).[80] Missouri also excludes some purchases from taxation on the grounds that such sales are not sales at retail; these include sales to political subdivisions.[81] The Supreme Court of Missouri in August, 2009, stated that when a sale is excluded from taxation – as opposed to exempt from taxation – the seller must self-accrue sales tax on its purchase of the goods and remit the tax on such purchases it made.[82]

Although the purchaser is obligated to pay the tax, the seller is obligated to remit the tax, and when the seller fails to remit, the obligation to pay falls on him. As compensation for collecting and remitting taxes, and as an incentive to timely remit taxes, sellers may keep two percent of all taxes collected each period.[83] There are two exceptions to the general rule that the seller must pay the sales tax when he or she fails to collect it. First, no sales tax is due upon the purchase of a motor vehicle that must be titled. Instead, the purchaser pays the tax directly to the Department of Revenue within one month of purchase. As long as the vehicle is taken out of state within that first month of purchased and titled elsewhere, no tax is due in Missouri. Second, if the purchaser presents an exemption certificate to the buyer at the time of sale, then the purchaser may be assessed taxes on the purchases if the certificate was issued in bad faith.

Montana

Montana does not have a state sales tax but some municipalities which are big tourist destinations, such as Whitefish, Red Lodge, Big Sky, and West Yellowstone, have a small sales tax (3%).

Nebraska

Nebraska has a 5.5% state sales tax. Municipalities have the option of imposing an additional sales tax of up to 1.5%, resulting in a maximum rate of 7.0%. Specific tax rates per counties are available on the web.[84]

Nevada

Nevada‘s state sales tax rate is 6.85 percent. Counties may impose additional rates via voter approval or through approval of the Legislature; therefore, the applicable sales tax will vary by county from 6.85 percent to 8.1 percent in Clark County. Clark County, which includes Las Vegas, imposes four separate county option taxes in addition to the statewide rate – 0.25 percent for flood control, 0.50 percent for mass transit, 0.25 to fund the Southern Nevada Water Authority, and 0.25 percent for the addition of police officers in that county. In Washoe County (which includes Reno), the sales tax rate is 7.725 percent, due to county option rates for flood control, the ReTRAC train trench project, mass transit, and an additional county rate approved under the Local Government Tax Act of 1991.[85]

For travelers to Las Vegas, note that the lodging tax rate in unincorporated Clark County, which includes the Las Vegas Strip, is 12%. Within the boundaries of the cities of Las Vegas and Henderson, the lodging tax rate is 13%.

New Hampshire

New Hampshire is one of only five states that do not impose any form of general sales tax on the sale or use of tangible personal property within the state. New Hampshire does, however, levy a tax on meals (9%), room occupancies (9%), motor vehicle rentals, and use of electricity (55 cents per megawatt-hour) and phone services (7 percent). A transfer tax is levied on real estate sales, currently 1.5 percent.

In New Hampshire, any food or beverage that is prepared and served by a “restaurant,” whether served for consumption on or off the restaurant premises, is considered to be a meal. Excluded from the tax is any food and beverage that is wholly packaged off the premises and sold in the original package, such as chips, candy, soda or fruit beverages in sealed containers, and frozen novelties. Catered or delivered meals or party platters are taxable, as are charges for any service or items related to preparing or serving the food (plates, ovens, etc). Restaurants include most places where you can buy any food. There are several other exceptions. For example, meals served or furnished on the premises of a religious or charitable nonprofit organization are not taxable, nor are bakery products sold in quantity of 6 or more servings, or a whole pie, cake, or loaf of bread with multiple servings.

The New Hampshire meals and rooms tax rate is 8% on any amount over 35 cents (including any alcohol served on premise). The rooms tax is imposed on any occupancy in a hotel, house, apartment, dormitory, camp, cottage or any similar establishment offering sleeping accommodations in the State of New Hampshire, for any rental less than 185 days, not including bare campsites without shelter. The tax rate is currently 8% of the rent for each occupancy. A motor vehicle rental tax is imposed under the meals and room tax classification at a rate of 8% on the gross rental receipts of each rental, but not including separately itemized fuel, insurance or damage charges.

Gasoline tax is 20.6¢ per gallon. Cigarettes: $1.08 per pack. Beer: 30¢ per gallon.

See also tax-free shopping.

New Jersey

The state of New Jersey’s sales and use tax rate is seven percent (7%). However, there are exceptions to this statewide rate. In Urban Enterprise Zones, UEZ-impacted business districts, and in Salem County, sales tax may be charged at 3.5% (50% of the regular rate) on certain items. In addition, local sales taxes are imposed on sales of certain items sold in Atlantic City and Cape May County. For additional information, see Tax Topic Bulletin S&U-4, New Jersey Sales Tax Guide, available at: http://www.state.nj.us/treasury/taxation/pdf/pubs/sales/su4.pdf

A full list of Urban Enterprise Zones is available on the State of New Jersey Web site.[86]

New Jersey does not charge sales tax on unprepared food (except certain sweets and pet food), household paper products, medicine, and clothing. New Jersey does not charge sales tax on goods purchased for resale or on capital improvements but does charge sales tax on certain services. See the NJ Division of Taxation website at: http://www.state.nj.us/treasury/taxation/su.shtml

New Jersey does not charge sales tax on gasoline, but gasoline is subject to a $0.145/gallon excise tax.

Sales of clothing and accessories that are made of fur from the hide or pelt of an animal that is valued at $500 or more are subject to a 6% Fur Clothing Gross Receipts Tax.

New Mexico

The state of New Mexico does not have a sales tax. It instead has a statewide gross receipts tax of 5%, with municipalities assessing an additional gross receipts tax. The gross receipts tax rate is between 5.125% and 8.4375% throughout the state.[87] In New Mexico’s gross receipts tax, all receipts from sales of goods or service within the state are taxed (with the exception of food for offsite consumption, such as grocery store sales).

The state does not prohibit retailers from collecting this tax directly from the consumer, so the gross receipts tax is commonly just passed on from the retailer to the consumer as if it were a sales tax.

New York

New York has a 4% state sales tax. All counties and some cities add local taxes ranging from 3% to 4.75%. The combined sales tax in Utica, New York, for example, is 8.75%. In New York City, total sales tax is 8.875%, which includes 0.375% charged for the service of the Metropolitan Transportation Authority.

As of September 1, 2007, New York State has eliminated sales tax on all clothing and shoes if the single item is priced under $110. Most counties and cities have not eliminated their local sales taxes on clothing and shoes. There are however, 5 cities (most notably New York City) and 11 counties (not counting the counties which make up New York City: New York, Queens, Kings, Richmond, and Bronx Counties) that have done so. The counties where the year-round exemption will apply include: Chautauqua, Chenango, Columbia, Delaware, Dutchess, Greene, Hamilton, Madison (outside the City of Oneida), Rensselaer, Tioga, Broome, and Wayne. The cities where the year-round exemption will apply include: Gloversville, New York City, Norwich, Olean, Binghamton, and Sherrill. New York also exempts college textbooks from sales tax.

As of June 1, 2008, when products are purchased online and shipped into New York State, some retailers must charge the tax amount appropriate to the locality where the goods are shipped, and in addition, must also charge the appropriate tax on the cost of shipping and handling. The measure states that any online retailer that generates more than $10,000 in sales via in-state sales affiliates must collect New York sales tax. The cumulative gross receipts from sales to New York customers as a result of referrals by all of the seller’s resident representatives total more than $10,000 during the preceding four quarterly sales tax periods.

As of August 1, 2009, New York City Sales tax increased to 8.875%. Clothing under $110 will remain tax free. Clothing above $110 will be taxed.

North Carolina

North Carolina has a state-levied sales tax of 5.5%, effective September 1, 2009, with most counties adding an additional 2.25% tax, for a total tax of 7.75% in 92 of the 100 counties. Mecklenburg County levies an additional 0.5% tax, which is directed towards funding the light rail system, for a total of 8.25% and the sales tax in a few other counties is 8%.[88]

There is a 30.2¢ tax per gallon on gas, a 35¢ tax per pack of cigarettes, a 79¢ tax per gallon on wine, and a 53¢ tax per gallon on beer. Most non-prepared food purchases are taxed at a reduced rate of 2%. Candy, soft drinks, and prepared foods are taxed at the full combined 7.75%-8.25% rate, with some counties levying an additional 1% tax on prepared foods. In order to benefit back-to-school shoppers, there is a sales tax holiday that exempts certain items of tangible personal property sold between the first Friday in August and the following Sunday.

North Dakota

North Dakota has a 5% state sales tax for general sales. Sales Tax in North Dakota varies depending on the category(5%, 7%, 3% and 2%).[89]

Ohio

Ohio has a 5.5% state sales tax.[90] Counties may levy a permissive sales tax of from 1/4% up to 2.5% and transit authorities, mass transit districts usually centered on one primary county, may levy a sales tax of from 1/4% up to 2.5%. Cuyahoga county has the highest sales tax of 7.75%. Tax increments may not be less than 1/4%, and the total tax rate, including the state rate, may not exceed 8.5%. County permissive taxes may be levied by emergency resolution of the county boards of commissioners. Transit authority taxes must and county permissive taxes may be levied by a vote of the electors of the district or county. Shipping and handling charges are also taxable.Ohio law requires virtually every type of business to obtain a Ohio Sales Tax Certificate Number. If you sell goods on eBay or the internet and ship them to someone in the state you reside, then you must collect sales tax from the buyer and pay the collected tax to your state on a monthly or quarterly basis. If you sell less than $4 million in annual sales, you do not have to collect or pay sales tax on out-of-state sales. Ohio Sales Tax Resale Certificate Example: If you live in Ohio and you sell or ship something to someone else in Ohio, then you must collect and pay sales tax to the State of Ohio. But, if you sell the same item to someone outside the State of Ohio, you need not charge sales tax, but must report the exempt tax sale to the State of Ohio. Ohio also has a gross receipts tax called the Commercial Activity Tax (CAT) that is applicable only to businesses but shares some similarities to a sales tax. “Food for human consumption off the premises where sold” is exempt from sales tax, with the exception of sodas and alcoholic beverages which are taxed the full 7%.[91] Guernsey County is 7.0% [92]

Oklahoma

Oklahoma has a 4.5% sales tax rate. Cities have an additional sales tax which varies, but is generally 3-4% resulting in a total sales tax rate of 7.5% to 8.5%.

Oregon

Oregon has no statewide sales tax, although local municipalities may impose sales taxes if they so choose. The city of Ashland, for example, charges a 5% sales tax on prepared food. Several Oregon communities assess sales taxes on lodging.

Pennsylvania

Pennsylvania has a 6% sales tax rate. Allegheny County has a 7% sales tax rate and Philadelphia has an 8% sales tax rate.

Food, most clothing, and footwear are among the items most frequently exempted.[93] However, taxed food items include soft drinks and powdered mixes, sports drinks, hot beverages, hot prepared foods, sandwiches, and salad bar meals, unless these items are purchased with food stamps. Additionally, catering and delivery fees are taxed if the food itself is taxed.

Additional exemptions include internet service,[94] newspapers, textbooks, disposable diapers, feminine hygiene products, toilet paper, wet wipes, prescription drugs, many over-the-counter drugs and supplies, oral hygiene items (including toothbrushes and toothpaste), contact lenses and eyeglasses, health club and tanning booth fees, burial items (like coffins, urns, and headstones), personal protective equipment for production personnel, work uniforms, veterinary services, pet medications, fuel for residential use (including coal, firewood, fuel oil, natural gas, wood pellets, steam, and electricity), many farming supplies and equipment, and ice.[95]

Puerto Rico

Puerto Rico has a 5.5% commonwealth sales tax that applies to both products and services with few exemptions (including items such as unprocessed foods, prescription medicines and business-to-business services). Additionally, most municipalities have a city sales tax of 1.5% for a total of 7%. Some items that are exempt from commonwealth sales tax, specifically unprocessed foods, may still be subject to the city sales tax in the municipalities.[96]

Rhode Island

Rhode Island has a state sales tax of 7%. The rate was raised from 5% to 6% as a temporary measure in the 1970s, but has not since been lowered. Rhode Island raised its sales tax from 6% to 7% in the early 1990s to pay for the bailout of the state’s failed credit unions. The change was initially proposed as a temporary measure, but was later made permanent. Other taxes may also apply, such as the state’s 1% restaurant tax. Many items are exempt from the state sales tax, e.g., food, prescription drugs, clothing and footwear, newspapers, coffins, and original artwork.[97]

South Carolina

South Carolina has a 6% state sales tax, as of June 1, 2007 (7% for accommodations), but counties and some cities may impose an additional 1% or 2% sales tax. As of mid-2005, 35 of 46 counties do so. Restaurants may also charge an extra 1-2% tax on prepared food (fast food or take-out) in some places. The state’s sales tax on unprepared food disappeared completely November 1, 2007. There is a cap of $300 on sales tax for most vehicles.

Additionally, signs posted in many places of business inform that South Carolina residents over the age of 85 are entitled to a 1% reduction in sales tax.

South Dakota

South Dakota has a 4% state sales tax, plus any additional local taxes. An additional 1% sales tax is added during the summer season on sales occurring in tourism-related businesses and dedicated to the state’s office of tourism.

Currently as of 2009, all sales tax in the Rapid City area is 6%.

Tennessee

Tennessee charges 5.5% sales tax on groceries as of January 1, 2008, and 7% on other items. Counties also tax up to 2.75% in increments of 0.25% — most do so around 2.25%. If a county does not charge the maximum, its cities can charge and keep all or part of the remainder. Several cities are in more than one county, but none charge a city tax, thus paying only the county taxes.[98][99]

Texas

The Texas state sales and use tax rate is 6.25%, but local taxing jurisdictions (cities, counties, special purpose districts, and transit authorities, but specifically not including school districts) may also impose sales and use taxes up to 2% for a total of 8.25%.[100] The main items exempt from sales tax include medicines (prescription and over-the-counter), food and food seeds (but prepared food, such as from a restaurant, is subject to sales tax).[101] The sales tax is the only source of income for the state government.

Motor vehicle and boat sales are taxed at only the 6.25% state rate; there is no local sales and use tax on these items. In addition, a motor vehicle or boat purchased outside the state is assessed a use tax at the same rate as one purchased inside the state. The sales tax is calculated on the greater of either the actual purchase price or the “standard presumptive value” of the vehicle, as determined by the state, except for certain purchases (mainly purchases from licensed dealers or from auctions).[102]

Lodging rates are subject to a 6% rate at the state level, with local entities being allowed to charge additional amounts. Lodging for travelers on official government business is specifically exempt from tax but the traveler must submit an exemption form to the hotel/motel and provide proof of official status.[103]

If merchants file and pay their sales and use tax on time, they may subtract 1/2 percent of the tax collected as a discount, to encourage prompt payment and to compensate the merchant for collecting the tax from consumers for the state.[104]

Texas provides one sales tax holiday per year (generally in August prior to the start of the school year, running from Friday to Sunday of the designated weekend). Clothing less than $100 (except for certain items, such as golf shoes) and school supplies are exempt from all sales tax (state and local) on this one weekend only. There has also been talks of a tax free weekend in December to help with the Holiday shopping season.

Utah

Utah has a 4.75% state sales tax. Additionally, local taxing authorities can impose their own sales tax. Currently the majority of Utah’s aggregate sales taxes are in the range of 5.5% – 7.0%. Utah has a 16.350% sales tax on rental cars in Salt Lake City.[105]

Vermont

Vermont has a 6% sales tax.[106]

Virginia

Virginia has a general sales tax rate of 5% (4% state tax and 1% local tax). Consumers are taxed on every ‘eligible food item.’ For example, fresh local produce sold at farmers markets and grocery stores, or basic, unprepared cold grocery foods, are taxed 2.5% (1.5% state tax and 1% local tax).[107] Cities and counties may also charge an additional “Food and Beverage Tax” on restaurant meals.[108]

Virginia’s use tax also applies at the same rate for out of state purchases (food 2.5%, non-food 5%) exceeding $100 per year “from mail order catalogs”.[109] Various exemptions include prescription and non-prescription medicine[110], gasoline (need citation), and postage stamps, or the labor portion of vehicle repair (need citation). “Cost price” does not include separately stated “shipping” charges but it does include a separate “handling” charge or “shipping and handling” charges if listed as a combined item on the sales invoice.[111] However, unlike Maryland and West Virginia consumer use tax forms, the Virginia CU-7 Consumer Use Tax Form does not recognize that it is possible to be under-taxed in another state and so only addresses untaxed items. Unlike Maryland’s quarterly filing, Virginia’s CU-7 is due annually between January 1 and May 1 or can be filed optionally instead with Schedule A with Form 760, or Schedule NPY with Form 760PY. As with all states, Virginia has penalties and interest for non-filing, but Virginia’s use tax is no more practically enforceable than that of any other state.

Washington

Washington has a 6.5% statewide sales tax. As of January 1, 2009, sales tax is not applied on most food items and prescription medications (not including over-the-counter medications). Individual counties, municipalities and regional transit authorities are entitled to collect a sales tax, which vary from 0.5% to 2.5%. Within King County, the King County Food & Beverage (KCF&B) tax adds an additional .5% to food and beverages purchased in bars, taverns and restaurants resulting in an effective tax rate of 10.0% (9.5% on all other items).[112] Additionally, the sale or lease of motor vehicles for use on the road incur an additional 0.3% tax, rental of a car for less than 30 days has an additional state/local tax of 8.9%.[112] When renting a car for less than 30 days in Seattle, the total sales tax is 18.6%. When purchasing an automobile, if you trade in a car, the state subtracts the price of the trade when calculating the sales tax to be paid on the automobile (e.g., purchasing a $40,000 car and trading a $20,000 car, you would be taxed on the difference of $20,000 only, not the full amount of the new vehicle).

When staying at a hotel (60+ rooms capacity) in Seattle, the sales tax is 15.6%. Residents of Canada and US states or possessions (only US and Canadian locations having a sales tax of less than 3%, e.g., Oregon, Alaska & Alberta) are exempt from sales tax on purchases of tangible personal property for use outside the state. Stores at the border will inquire about residency and exempt qualified purchasers from the tax.[113] Washington also has a Gross receipts tax called the Business and Occupations Tax (B&O).

Also, the seller of a house pays excise taxes on the full sale price. The amount of the varies by county. In King and Snohomish counties, it is up to 1.78%. For example, selling a house for $500K will cost you $8900 in taxes.

Residents of Washington who purchase goods for use in Washington must pay a use tax in lieu of a sales tax if any one of four conditions are true. If a Washington resident purchases goods and certain services in other states that do not charge a sales tax or charge a sales tax rate less than the sales tax rate in Washington, or if an out of state seller does not collect Washington sales tax, the resident must pay a use tax on all goods that will be used in Washington. Use tax must also be paid if a Washington resident purchases goods from a seller who is not authorized to collect sales tax or if personal property is acquired with the purchase of real property.[114] Washington state does not typically pursue use tax collection for most purchases, however, in 2005, the Washington State Department of Revenue began to make a concerted effort to collect use tax on artworks acquired in other states.[115]

The lowest combined state, county and municipality sales tax rate in Washington is 7.0% in most of Klickitat and Skamania Counties, while the highest combined sales tax in Washington is the 10% tax on prepared food and beverages in King County.

April 1, 2008 saw tax increases in King County (+.001), Kittitas County (+.003), Mason County (+.001), and the city of Union Gap (+.002).[116]

On July 1, 2008, Washington stopped charging an origin-based sales tax, and started charging a destination-based sales tax. This change only applies to transactions beginning and ending within state lines and does not apply to other states.[112] Additionally, Washington started collecting taxes from online retailers that have voluntarily agreed to start collecting the sales tax in return for not being sued for back taxes.[117]

The city of Seattle charges a 7.5% tax on charges for parking garages to go toward mass transit.

On November 4, 2008, voters in King County (Seattle) approved a 0.5% increase in the sales tax. Taxes within the city were increased to 9.5% on retail purchases. This increase was supposed to be effective Jan. 1, 2009, but was pushed back until April 2009. (For the first quarter of 2009, the tax rate in Seattle was 9%.)

West Virginia

West Virginia has the distinction of being the first US state to enact a sales tax.[2] It currently stands at 6%. The sales tax on food currently stands at 3%. Effective January 1, 2006, the sales tax on food was lowered to 5%, and on July 1, 2007, it was lowered further to 4%. The sales tax on food was again lowered to 3% on July 1, 2008.[118] However, the reduced rate of tax does not apply to sales, purchases and uses by consumers of prepared food. Prescription drugs are not subject to sales tax. Credit is allowed for sales or use taxes paid to another state with respect to the purchase.

An individual who titles a motor vehicle with the West Virginia Division of Motor Vehicles must pay a $5.00 title fee and a 5 percent title privilege tax (rather than the 6 percent sales tax). For vehicles purchased new by West Virginia residents, the measure of this tax is the net sales price of the vehicle. For used vehicles, and for vehicles previously titled in other states, the tax is measured by the National Automobile Dealers Association book value of the vehicle at the time of registration. No credit is issued for any taxes paid to another state. Trailers, motorboats, all-terrain vehicles and snowmobiles are also subject to this tax.[119] As of June 7, 2007, new residents of West Virginia no longer have to pay the 5 percent title privilege tax on vehicles, as long as the vehicles were validly titled to the same owner outside the state.[120]

Wisconsin

Wisconsin has a 5% state sales tax, with most of the 72 counties charging an extra 0.5% “County Tax”. Five counties (Milwaukee, Ozaukee, Racine, Washington, Waukesha) have a 0.1% tax for purchases over $10 that funds the building of Miller Park in Milwaukee. Brown County (Green Bay) has a 0.5% tax for purchases over $10 which funds the reconstruction of Lambeau Field. The municipalities of Lake Delton, Wisconsin Dells, Bayfield, and Eagle River have also been authorized to adopt an additional 0.5% tax, due to their status as popular tourist destinations[121]. In all cases, prescriptions, most non-prepared foods (including meat and dairy), and newspapers are exempt from sales tax, however over-the-counter medications, and certain types of repair and installation services are not.[122]

Wyoming

Wyoming has a 4% state sales tax, with counties adding up to an additional 3%, resulting in a maximum rate of 7%. In addition, resort district areas have the option to impose an additional 3% tax. Food for domestic home consumption is exempt from sales tax.

State by state sales taxes

State  ↓ General
Tax  ↓
+max local
Surtax  ↓
Groceries Prepared Food Prescription Drug Non-prescription Drug Clothing
Alabama 4% 10%
Alaska none 7%
Arizona 5.6% 10.6%
Arkansas 6% 6% 2%
California 8.75% 10.25%
Colorado 2.9%
Connecticut 6% 6% > $50
Delaware none none
Florida 6% 7.5% 9% (max)
Georgia 4% 8%
Hawaii
Idaho 6%
Illinois 6.25% 11.5% 1%+ 1%+ 1%+
Indiana 7% 9% 9% (max)
Iowa[123] 6% 7%
Kansas 5.3%
Kentucky 6% 6%
Louisiana 4%
Maine 5% 5% 7%
Maryland 6% 6%
Massachusetts 6.25% 6.25% 7% > $175
Michigan 6% 6% 6%
Minnesota 6.875% 7.5% 9.75% (max)
Mississippi 7% 9%
Missouri 4.225% 9.241% 1.225%
Montana none 3%
Nebraska 5.5% 7%
Nevada 6.85%
New Hampshire none none 9%
New Jersey 7% 7%
New Mexico none none
New York 4% 8.875% > $110
North Carolina 5.5% 8.25% 2% 9.25% (max)
North Dakota 5%
Ohio 7% 7.75%
Oklahoma 4.5% 5% 4.5%
Oregon none none 5% (max)
Pennsylvania 6% 8%
Puerto Rico 5.5% 7%
Rhode Island 7% 7% 8%
South Carolina 6%
South Dakota 4%
Tennessee 7% 9.75% 5.5%
Texas 6.25% 8.25%
Utah 4.75%
Vermont 6% 7% 10% > $100
Virginia 4% 5% 2.5% 5%+
Washington 6.5% 9.5% 10%
West Virginia 6% 6% 3%
Wisconsin 5% 5.6%
Wyoming 4% 7%
Color Explanation
Exempt from general sales tax
Subject to general sales tax
7% Taxed at a higher rate than the general rate
3% Taxed at a lower rate than the general rate
3%+ Some locations tax more
3% (max) Some locations tax less
> $50 Taxed purchases over $50 (otherwise exempt)
No state-wide general sales tax

(1) Some states tax food, but allow an (income) tax credit to compensate poor households. They are: HI, ID, KS, OK, SD, and WY. (2) Includes statewide local tax of 1.0% in California and 1.0% in Virginia. (3) Tax rate may be adjusted annually according to a formula based on balances in the unappropriated general fund and the school foundation fund. (4) Food sales are subject to local sales taxes.

Sales tax planning

See also: Sales tax audit

In the United States, corporate sales tax planning may include the following:

  • Determination of ways to legally reduce the amount of tax due on a transaction. For instance, how a company structures its invoices can affect the taxability of the entire transaction. Each U.S. state has different rules for applying sales tax. Some states laws are more advantageous to taxpayer for certain types of transactions. If a business operates in several states, choosing the best state to take delivery in can reduce or eliminate sales tax liability. In many states an item can become taxable if not separately stated on the invoice.
  • Review of company purchases to determine which assets may qualify for exemptions. Finding overlooked exemptions often results in significant savings.
  • Periodic review of procedures relating to Sales & Use Tax data gathering and retention so that proper supporting documentation, including exemption and resale certificates, are available in the event of a State audit.

See also

car dealers: are we still the ” united states ” of america ???   no comments

Tenth Amendment Talking Points

1.  The People created the federal government to be their agent for certain enumerated purposes only.  The Constitutional ratifying structure was created so it would be clear that it was the People, and not the States, that were doing the ratifying.

2.  The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States.  The rest is to be handled by the state governments, or locally, by the people themselves.

3.  The Constitution does not include a congressional power to override state laws.  It does not give the judicial branch unlimited jurisdiction over all matters.  It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.

4.  If the Congress had been intended to carry out anything they claim would promote the “general welfare,” what would be the point of listing its specific powers in Article I, Section 8, since these would’ve already been covered?

5.  James Madison, during the Constitutional ratification process, drafted the “Virginia Plan” to give Congress general legislative authority and to empower the national judiciary to hear any case that might cause friction among the states, to give the congress a veto over state laws, to empower the national government to use the military against the states, and to eliminate the states’ accustomed role in selecting members of Congress.  Each one of these proposals was soundly defeated.  In fact, Madison made many more attempts to authorize a national veto over state laws, and these were repeatedly defeated as well.

6.  The Tenth Amendment was adopted after the Constitutional ratification process to emphasize the fact that the states remained individual and unique sovereignties; that they were empowered in areas that the Constitution did not delegate to the federal government.  With this in mind, any federal attempt to legislate beyond the Constitutional limits of Congress’ authority is a usurpation of state sovereignty – and unconstitutional.

7.  Tragically, the Tenth Amendment has become almost a nullity at this point in our history, but there are a great many reasons to bring it to the forefront.  Most importantly, though, we must keep in mind that the Founders envisioned a loose confederation of states – not a one-size-fits-all solution for everything that could arise.  Why?  The simple answer lies in the fact that they had just escaped the tyranny of a king who thought he knew best how to govern everything – including local colonies from across an ocean.

8.  Governments and political leaders are best held accountable to the will of the people when government is local. Second, the people of a state know what is best for them; they do not need bureaucrats, potentially thousands of miles away, governing their lives. Think about it.  If Hitler had ruled just Berlin and Stalin had ruled just Moscow, the whole world might be a different place today.

9.  A constitution which does not provide strict limits is just the thing any government would be thrilled to have, for, as Lord Acton once said, “Power tends to corrupt, and absolute power corrupts absolutely.”

10.  We agree with historian Kevin Gutzman, who has said that those who would give us a “living” Constitution are actually giving us a dead one, since such a thing is completely unable to protect us against the encroachments of government power.

Recommended Books:

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

car dealers: it is a really big red flag if your customer is on this most wanted fugitive list   no comments

http://www.ancestorhunt.com/california-most-wanted.htm

We invite you to visit this site periodically and review the state’s Most Wanted Fugitives bulletins to help law enforcement apprehend dangerous fugitives by alerting law enforcement when you think you may have seen one of the fugitives on the Most Wanted list. If you have any information on a featured fugitive or other fugitives, we urge you to contact the Bureau of Investigation and Intelligence, Intelligence Operations Center (IOC) immediately.

The Wanted Persons System (WPS) was established in 1971 as the first online system for the California Department of Justice (DOJ). The WPS system provides information on arrest warrants and is used to alert law enforcement agencies of the possibility that a suspect may be a fugitive. This information may help to ensure the safety of officers who are attempting to apprehend fugitives.

In 1996, the Legislature authorized the California Department of Justice to maintain a publicly accessible Internet directory of wanted fugitives. This is not a comprehensive directory of all persons wanted for crimes in California.

Subscribe

You can now subscribe to the California Department of Justice – Office of the Attorney General’s Most Wanted Fugitives email list. Visit our subscription site for this and other informative email notifications from the Office of the Attorney General.

http://caag.state.ca.us/wanted/index.htm

identity theft survival kit from invisus   no comments

Are You a Victim of Identity Theft?
Information and resources.
Below is a helpful guide provided by Privacy Rights Clearinghouse to get your identity back.
If you want to stay protected in the future, be sure to sign up for iDefend and let our identity specialists manage everything for you. Learn More

Identity Theft: What to Do if It Happens to You

You apply for a credit card and are turned down because of a low credit score, yet you know that you’ve always paid your accounts on time.

A debt collector calls to demand payment on a six-month overdue account for a credit card you have never had.

You receive a credit card in the mail that you’ve never applied for.

What’s happening? You could be the victim of identity theft, where an imposter is using your personal information to obtain credit. Then when the thief does not pay the bills, the company itself or a debt collection company contacts you to demand payment. As a result, your credit report is likely to contain negative information about your bill-payment history, and your credit score has probably been lowered considerably, making it difficult or impossible to obtain new credit yourself.

This guide provides victims of identity theft with instructions on how to regain your financial health and who to contact for more help. You must act quickly and assertively to minimize the damage.

1 Notify credit bureaus / fraud alerts 13. Passports
1a. Monitor your credit reports 14. Phone service
1b. Security freeze 15. Student loans
2. Law enforcement 16. Driver’s license number misuse
3. Federal Trade Commission 17. Identity theft involving those you know
4. New credit accounts 18. Medical identity theft
5. Existing accounts 19. Victim statements
6. Debt collectors 20. False civil and criminal judgments
7. Check and banking fraud 21. Legal help
8. ATM cards 22. Keep good records
9. Brokerage accounts 23. Dealing with emotional stress
10. Fraud involving U.S. mail 24. Making change
11. Secret service 25. Don’t give in
12. SSN misuse 26. Other useful tips
27. Resources

1. Notify credit bureaus and establish fraud alerts. Immediately report the situation to the fraud department of the three credit reporting companies — Experian, Equifax, and TransUnion. When you notify one bureau that you are at risk of being a victim of identity theft, it will notify the other two for you. Placing the fraud alert means that your file will be flagged and that creditors are required to call you before extending credit. Consider using a cell phone number if you have one.

We recommend that you do not choose to call Experian. You will be subject to a marketing pitch for their “free” credit management tools. If you fail to cancel the service within 30 days, your credit card will automatically be charged for the service.

Equifax: P.O. Box 740250, Atlanta, GA 30374- 0241.
Report fraud: Call (888) 766-0008 and write to address above.
TDD: (800) 255-0056
Web: www.equifax.com
Experian: PO Box 9532
Allen TX, 75013
Report fraud: Call (888) EXPERIAN (888-397-3742) and write to address above.
TDD: Use relay to fraud number above.
Web: www.experian.com/fraud
TransUnion: P.O. Box 6790, Fullerton, CA 92834-6790.
Report fraud: (800) 680-7289 and write to address above.
TDD: (877) 553-7803
E-mail (fraud victims only): fvad@transunion.com
Web: www.transunion.com

Under new provisions of the Fair Credit Reporting Act (FCRA, §605A) you can place an initial fraud alert for only 90 days. The credit bureaus will each mail you a notice of your rights as an identity theft victim. Once you receive them, contact each of the three bureaus immediately to request two things:

  • a free copy of your credit report
  • an extension of the fraud alert to seven years

You may request that only the last four digits of your Social Security number (SSN) appear on the credit report.

You must have evidence of attempts to open fraudulent accounts and an identity theft report (police report) to establish the seven-year alert. You may cancel the fraud alerts at any time.

In all communications with the credit bureaus, you will want to refer to the unique number assigned to your credit report and use certified, return receipt mail. Be sure to save all credit reports as part of your fraud documentation file.

Once you have received your three credit reports, examine each one carefully. Report fraudulent accounts and erroneous information in writing to both the credit bureaus and the credit issuers following the instructions provided with the credit reports. The FTC’s identity theft guide provides a sample letter to send to the credit bureaus requesting that fraudulent accounts be blocked. http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.pdf (scroll down to find letter)

Once you notify the credit bureaus about the fraudulent accounts, the bureau is required to block that information from future reports. The bureau must also notify the credit grantor of the fraudulent account. (FCRA, §605B) Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have been opened if this information is not included on the credit report.

In addition, instruct the credit bureaus in writing to remove inquiries that have been generated due to the fraudulent access. You may also ask the credit bureaus to notify those who have received your credit report in the last six months to alert them to the disputed and erroneous information (two years for employers). Under California law, when you provide a copy of the police report to the credit bureaus, they must remove the fraudulent accounts from your credit report. (California Civil Code 1785.16(k))

1a. Monitor your credit reports. Be aware that these measures may not entirely prevent new fraudulent accounts from being opened by the imposter. Credit issuers do not always pay attention to fraud alerts, even though the law now requires it. That is why we recommend that you check your credit reports again in a few months.

The federal FACTA law enables you to receive a free credit report per year from each of the three credit bureaus. (FCRA §612) This is over and above the free reports you can order when you place fraud alerts on your three credit reports. Once you have received your free credit reports as a part of the fraud-alert process, follow up in a few months by taking advantage of your free FACTA copy. We recommend that you order your free credit reports by phone rather than using the online system. Call (877) 322-8228.

For more on free credit reports, see http://www.ftc.gov/freereports and www.annualcreditreport.com.

Laws in several states give individuals additional opportunities to obtain free credit reports. For confirmed identity theft victims who live in California, you can get one free report each month for the first 12 months upon request. (California Civil Code 1785.15.3) And in seven states, whether a victim or not, you can receive one free credit report each year under state law, over and above the free FACTA report you can receive yearly under federal law. These states are: Colorado, Georgia (2 per year), Maine, Maryland, Massachusetts, New Jersey, and Vermont.

1b. Security freeze. As of November 2007, individuals nationwide are able to “freeze” their credit reports with Equifax, Experian, and TransUnion. By freezing your credit reports, you can prevent credit issuers from accessing your credit files except when you give permission. This effectively prevents thieves from opening up new credit card and loan accounts. In most states, security freezes are available at no charge to identity theft victims and for a relatively small fee for non-victims.

If your identity thief is aggressive and gives no indication of ceasing to use your identity to obtain credit, consider using the security freeze to reduce access to your credit file. The security freeze is free to victims of identity theft in most states. Non-victims who wish to activate the security freeze for prevention must pay a fee in most states. Some states make the security freeze available only to identity theft victims.

2. Law enforcement. Report the crime to your local police or sheriff’s department right away. You might also need to report it to police department(s) where the crime occurred if it’s somewhere other than where you live. Give them as much documented evidence as possible. Make sure the police report lists the fraudulent accounts . Get a copy of the report, which is called an “identity theft report” under the FCRA. Keep the phone number of your investigator handy and give it to creditors and others who require verification of your case. Credit card companies and banks may require you to show the report in order to verify the crime.

FTC regulations define an “identity theft report” to include a report made to a local, state, or federal law enforcement agency. If your local police department refuses to file a report and your situation involves fraudulent use of the U.S. mail, you can obtain an identity theft report from the U.S. Postal Inspector. If your case involves fraudulent use of a driver’s license in your name, you might be able to obtain a report from your state’s Department of Motor Vehicles. The FTC has more information on identity theft reports at http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/defend.html

3. Federal Trade Commission. Report the crime to the FTC. Include your police report number. Although the FTC does not itself investigate identity theft cases, they share such information with investigators nationwide who are fighting identity theft.

4. What to do with new credit accounts opened by the imposter. If your credit report shows that the imposter has opened new accounts in your name, contact those creditors immediately by telephone and in writing. Recent amendments to the FCRA (§623(6)(B)) allow you to prevent businesses from reporting fraudulent accounts to the credit bureaus. The FTC provides a sample dispute letter at http://www.ftc.gov/bcp/conline/pubs/credit/fcb.shtm(scroll down).

Creditors will likely ask you to fill out fraud affidavits. The FTC provides a uniform affidavit form that most creditors accept, http://www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. No law requires affidavits to be notarized at your own expense. You may choose to substitute witness signatures for notarization if creditors require verification of your signature.

Ask the credit grantors in writing to furnish you and your investigating law enforcement agency with copies of the documentation, such as the fraudulent application and transaction records. Both federal and California law give you the right to obtain these documents. (FCRA § 609(e), and California Penal Code 530.8). The California Office of Privacy Protection provides instructions and sample letters on how to obtain documentation from credit grantors, http://www.oispp.ca.gov/consumer_privacy/consumer/documents/html/cis3aenglish.asp

A victim of identity theft must provide a copy of the FTC affidavit or another affidavit acceptable to the business, plus government-issued identification, and a copy of an “identity theft report” (police report) in order to obtain the documents created by the imposter. The business must provide copies of these records to the victim within 30 days of the victim’s request at no charge. The law also allows the victim to authorize a law enforcement investigator to get access to these records.

When you have resolved the fraudulent account with the creditor, ask for a letter stating that the company has closed the disputed account and has discharged the debts. Keep this letter in your files. You may need it if the account reappears on your credit report.

You must also notify the credit bureaus about the fraudulent accounts. Instructions are provided in Section 1 above.

5. Handling problems with your existing credit or debit accounts. If your existing credit or debit accounts have been used fraudulently, report it in writing immediately to the credit card company.

Request replacement cards with new account numbers. In addition to phoning the credit card company regarding the fraud, you will need to follow up in writing and will likely be asked to provide a fraud affidavit or a dispute form. Send the letter to the address given for “billing inquiries,” not the address for sending payments. Carefully monitor your mail and bills for evidence of new fraudulent activity. Report it immediately. Add secure passwords to all accounts . These should not be your mother’s maiden name or any word that is easily guessed.6. Debt collectors. If debt collectors try to get you to pay the unpaid bills on fraudulent accounts, ask for the name of the collection company, the name of the person contacting you, phone number, and address. Tell the collector that you are a victim of fraud and are not responsible for the account. Ask for the name and contact information for the referring credit issuer, the amount of the debt, account number, and dates of the charges. Ask if they need you to complete their fraud affidavit form or whether you can use the FTC affidavit. Follow up by writing to the debt collector explaining your situation. Ask that they confirm in writing that you do not owe the debt and that the account has been closed.

Under new provisions in the FCRA, a debt collector must notify the creditor that the debt may be a result of identity theft. (§615(g)) The FCRA also prohibits the sale or transfer of a debt caused by identity theft. (§615(f))
7. Check and banking fraud. If you have had checks stolen or bank accounts set up fraudulently, ask your bank to report it to ChexSystems, a consumer reporting agency that compiles reports on checking accounts. Also, place a security alert on your file (see web address below).

Your bank should be able to provide you with a fraud affidavit. Put “stop payments” on any outstanding checks that you are unsure about. Close your checking account and other affected accounts and obtain new account numbers. Give the bank a password for your account (not mother’s maiden name, Social Security number, date of birth, pet’s name, sequential numbers, or any other easily guessed words).

If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses. The major ones are listed here.

Fidelity National Information Services
(was Certegy)
(800) 437-5120
SCAN
(800) 262-7771
TeleCheck
For annual file disclosure
Fraud, id theft department
(800) 366-2425
(800) 835-3243
(800) 710-9898
CrossCheck
(800) 843-0760

Under a new federal law, you now have a right to obtain any reports that these companies compile about you. For ChexSystems and any of the check verification companies listed here that you have had to contact as a result of your identity theft situation, we recommend that you request a copy of your file once a year. Make sure your file has been corrected. If not, you will find it difficult to open new bank accounts and/or write checks.

8. ATM cards. If your ATM or debit card has been stolen or compromised , report it immediately. Contact your bank and fill out a fraud affidavit. Get a new card, account number, and password. Do not use your old password. Closely monitor your account statements. You may be liable if the fraud is not reported quickly. Start with a phone call and immediately follow up in writing. Be sure to read the debit card contract for information about liability. Some cards are better protected in cases of fraud than others.

ATM and debit card transactions are subject to the Electronic Fund Transfer Act. (15 USC §1693) Even if you are a victim of identity theft, your liability for charges can increase the longer the crime goes unreported. For more on EFTA, see the Federal Reserve Board’s guide, www.federalreserve.gov/pubs/consumerhdbk/electronic.htm. Also read the FTC’s guide on electronic banking, http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre14.shtm9. Brokerage accounts. You do not have the same protections against loss with brokerage accounts as you do with credit and debit card or bank accounts. The Securities Investor Protection Corporation ( www.sipc.org ) restores customer funds only when a brokerage firm fails. If an identity thief or other fraudster targets your brokerage account, refer to your account agreement for information on what to do. Immediately report the incident to the brokerage company and notify the Securities and Exchange Commission, www.sec.gov Also notify the Financial Industry Regulatory Association, formerly NASD, www.finra.org. To protect against fraud, put a password on each of your investment accounts.

10. Fraud involving U.S. mail. Notify the local Postal Inspector if you suspect an unauthorized change of your address with the post office or if the U.S mail has been used to commit fraud. Find out where fraudulent credit cards were sent. Notify the local Postmaster to forward all mail in your name to your own address. You may also need to talk with the mail carrier.

Call the U.S. Postal Service to find the nearest Postal Inspector at (800) 275-8777 or visit its web site at http://postalinspectors.uspis.gov/. The online complaint form is available at https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx. Or you can mail your complaint to: U.S. Postal Service, Criminal Investigations Service Center, Attn: Mail Fraud, 222 S. Riverside Plaza Suite 1250, Chicago, IL 60606-6100.

11. Secret Service. The U.S. Secret Service has jurisdiction over financial fraud. But, based on U.S. Attorney guidelines, it usually does not investigate individual cases unless the dollar amount is high or you are one of many victims of a fraud ring. To interest the Secret Service in your case, you may want to ask the fraud department of the credit card companies and/or banks, as well as the police investigator, to notify the Secret Service agent they work with. www.treas.gov/usss/financial_crimes.shtml

12. Social Security number (SSN) misuse. The Social Security Administration (SSA) does not in most cases provide assistance to identity theft victims. But be sure to contact the SSA Inspector General to report Social Security benefit fraud, employment fraud, or welfare fraud.

  • Social Security Administration online complaint form: www.socialsecurity.gov/oig
  • SSA fraud hotline: (800) 269-0271
  • By mail: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235

As a last resort, you might try to change your number, although we don’t recommend it except for very serious cases . The SSA will only change the number if you fit their fraud victim criteria. See the Identity Theft Resource Center’s Fact Sheet 113 for more information, http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_113_Social_Security_Number.shtml

If your SSN card has been stolen or lost, order a replacement. Complete the SSA’s application available at www.socialsecurity.gov/online/ss-5.html or by calling the SSA at (800) 772-1213, or by visiting your local SSA office. You will need to provide the required documentation such as birth certificate and government ID at your local SSA office to get a replacement card.

13. Passports. Whether you have a passport or not, write to the passport office to alert them to anyone ordering a passport fraudulently.

14. Phone service. Identity thieves often establish fraudulent cell phone accounts, with monthly bills going unpaid. The imposter might also have opened local and long distance telephone accounts. If the imposter has obtained phone account(s) in your name, contact the phone company for information on how to report the situation. The steps that you take to clear your name with both the phone company and credit bureaus are much the same as with credit card accounts described above in steps one and three. For AT&T, the fraud hotline is (866) 718-2011.

If your calling card has been stolen or there are fraudulent charges, cancel it and open a new account. For your own phone accounts, add a password that must be used any time your local, cell phone, and long distance accounts are changed.15. Student loans. If an identity thief has obtained a student loan in your name, report it in writing to the school that opened the loan. Request that the account be closed. Also report it to the U.S. Dept. of Education:

16. Driver’s license number misuse. You may need to change your driver’s license number if someone is using yours as ID on bad checks or for other types of fraud. Call the Department of Motor Vehicles (DMV) to see if another license was issued in your name. Put a fraud alert on your license if your state’s DMV provides a fraud alert process. Go to your local DMV to request a new number. Fill out the DMV’s complaint form to begin the investigation process. Send supporting documents with the completed form to the nearest DMV investigation office.

17. Identity theft involving family members and others you know. If a deceased relative’s information is being used to perpetrate identity theft, or if you personally know the identity thief, additional information about how to address these situations is available in other fact sheets. Visit the Identity Theft Resource Center web site:

18. Medical identity theft. Medical identity theft occurs when someone uses your name, Social Security number, or other personal information to obtain health care or medical products. Another variation involves false claims for medical care made to your health insurer, again using your personal information. Like other forms of identity theft, victims of medical identity theft may first become aware of a problem with a call from a debt collector. Medical identity theft can be particularly insidious since remedies involve cleaning up your medical records as well as your credit reports. For a full discussion of the crime of medical identity theft as well as steps to take if you are a victim, visit the Web site of the World Privacy Forum, www.worldprivacyforum.org

19. Victim statements. If the imposter is apprehended by law enforcement and stands trial and/or is sentenced, write a victim impact letter to the judge handling the case. Contact the victim-witness assistance program in your area for further information on how to make your voice heard in the legal proceedings. Read the Identity Theft Resource Center’s Fact Sheet 111, http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_111_Victim_Impact_Statements.shtml

20. False civil and criminal judgments. Sometimes victims of identity theft are wrongfully accused of crimes that were committed by the imposter. If you are wrongfully arrested or prosecuted for criminal charges, contact the police department and the court in the jurisdiction of the arrest. Also contact your state’s Department of Justice and the FBI to ask how to clear your name. If a civil judgment is entered in your name for your imposter’s actions, contact the court where the judgment was entered and report that you are a victim of identity theft.

21. Legal help. You may want to consult an attorney to determine legal action to take against creditors, credit bureaus, and/or debt collectors if they are not cooperative in removing fraudulent entries from your credit report or if negligence is a factor. Call the local Bar Association (www.abanet.org/premartindale.html), a Legal Aid office in your area (for low-income households), or the National Association of Consumer Advocates (www.naca.net) to find an attorney who specializes in consumer law, the Fair Credit Reporting Act, and the Fair Credit Billing Act.

If you are a senior citizen or take care of a dependent adult, be sure to contact an elder law service or the nearest Aging and Independent Services program. Many district attorneys have an elder abuse unit with expertise in financial crimes against seniors.22. Keep good records. In dealing with the authorities and financial companies, keep a log of all conversations, including dates, names, and phone numbers. Note the time you spent and any expenses incurred in case you are able to seek restitution in a later judgment or conviction against the thief. You may be able to obtain tax deductio ns for theft-related expenses (26 U.S.C. §165(e) — consult your accountant). Confirm all conversations in writing. Send correspondence using certified mail with return receipt requested. Keep copies of all letters and documents.

Visit these web sites for tips on organizing your case:

23. Dealing with emotional stress. Psychological counseling may help you deal with the stress and anxiety commonly experienced by victims. Know that you are not alone. Contact the Identity Theft Resource Center for information on how to network with other victims and deal with the impact of this crime. www.idtheftcenter.org

24. Making change. Write to your state and federal legislators. Demand stronger privacy protection and prevention efforts by creditors and credit bureaus.

25. Don’t give in. Do not pay any bill or portion of a bill that is a result of fraud. Do not cover any checks that were written or cashed fraudulently. Do not file for bankruptcy. Your credit rating should not be permanently affected. No legal action should be taken against you. If any merchant, financial company or collection agency suggests otherwise, restate your willingness to cooperate, but don’t allow yourself to be coerced into paying fraudulent bills. Report such attempts to government regulators immediately.

26. Other Useful Tips

If you are in the military, place an active duty alert on your credit report
When you are away from your usual duty station, you can place an active duty alert on your three credit reports as an extra protection against identity theft. The alert remains on your credit reports for 12 months. Contact the fraud departments for the three credit bureaus. Those phone numbers are provided in Section 1 above.

Order your free credit report
Whether or not you are a victim of identity theft, take advantage of your free annual credit reports, now a requirement of federal law.

Opt out of pre-approved offers of credit for all three credit bureaus

  • Call (888) 5OPTOUT (888-567-8688). You may choose a five-year opt-out period or permanent opt-out status.
  • Or opt-out online, www.optoutprescreen.com

Remove your name from mail marketing lists (Direct Marketing Association)

  • Write: Mail Preference Service, P.O. Box 643, Carmel, NY 10512. Include check or money order for $1.
  • Web: www.dmachoice.org. There is no charge when registering online.

Remove your phone number(s) from telemarketing lists

  • Phone the FTC’s Do Not Call Registry: (888) 382-1222
  • Online registration: www.donotcall.gov

Order your earnings report from the Social Security Administration

  • Order your Personal Earnings and Benefits Estimate Statement if you suspect an identity thief has used your SSN for employment: (800) 772-1213. The SSA automatically mails it to individuals three months before the birthday each year. www.ssa.gov/online/ssa-7004.html
  • For information on reporting fraud to the SSA, read tip 12 above.

Check your ID Score

  • Track the possible misuse of your identity at the free service My ID Score, www.myidscore.com .

27. Resources Federal Trade Commission (FTC)

President’s Identity Theft Task Force (www.idtheft.gov/)

Federal Agencies and Technology Industry

Identity Theft Resource Center (ITRC)

U.S. PIRG and the State PIRGs

California Office of Privacy Protection

Identity Theft Survival Kit

  • Mari Frank, Esq., author of From Victim to Victor: A Step-by-Step Guide for Ending the Nightmare of Identity Theft and Safeguard Your Identity: Protect Yourself with a Personal Privacy Audit
  • Web: www.identitytheft.org
  • Phone: (800) 725-0807

U.S. Dept. of Justice. The DOJ prosecutes federal identity theft cases.

FBI Internet Fraud Complaint Center. The Internet Crime Complaint Center (IC3), a partnership between the FBI and the National White Collar Crime Center, allows you to report suspected cases of Internet and e-commerce fraud, including phishing.

http://www.invisus.com/id_victim.php