Buying Advice Warning advice for buying out of state with Kubota

[mswlogo]

I own property in NH and it's what I need my tractor for.

But my permanent residence in MA.

My first tractor BX24 I bought in Central NH and paid for in full. All addresses had NH Address on paper work and never a problem.

Two years later I sold it and bought a new B2320. But I took the 0% financing since it was basically free money.

Since they had to do a credit check for the loan they used my MA Address on paper work this time.

Paper work still shows delivery to NH Address.

2 Years later I a certified letter from MA IRS Audit department. GULP.

Called them up and they said I bought a Tractor in NH and had it delivered to MA and I need to pay up, along with penalties and interest.

I think Kubota reported it. Probably by law.

Any way be careful how you have your paper work written up if you are in this situation. MA is cracking down. I'm sure other states are too with budget squeeze.

 

[Casco1]

The sad part is you're probably in the right but the state will lien your Mass property if you don't pay. They depend on the fact that fighting it is more expensive than paying it. In 1776 we complained about taxation without representation. In Mass taxation with representation is not all that great.

 

[thatguy]

I know in VA - the loan company will file a UCC Filing (at the State Corporation Commission here in VA) against anything that is financed. I think most states have similar set ups - that is used when equipment etc dont have titles to be listed as lienhold on..

Brian

 

[Gale Hawkins]

As state governments fight colapse in this economy they will get more and more agressive. Social media use helps them know more and more too.

 

[Tom_H]

Since paperwork shows NH delivery and you can document you have property there and can document tractor is kept there, you should be able to fight it. Have a good lawyer who specializes in this area call them (with all documents and facts in hand), and tell them that not only will they lose in court (costing them attorneys' fees), but that you also will counter-sue for your attorney's fees as well as for punitive damages in that they are harassing an honest citizen without cause. They may back off or settle with you.

The same thing exists with Oregon, which has no sales tax, and neighboring California. Some Californians pay cash in Oregon, then haul the tractor back to California and never have a problem. If you use Kubota credit, they notify the CA Franchise Tax Board. I know TBN members whose residence is in CA, but who have property in OR, have purchased a Kubota in OR, and kept it on their OR property without a problem.

 

[Casco1]

Since paperwork shows NH delivery and you can document you have property there and can document tractor is kept there, you should be able to fight it. Have a good lawyer who specializes in this area call them (with all documents and facts in hand), and tell them that not only will they lose in court (costing them attorneys' fees), but that you also will counter-sue for your attorney's fees as well as for punitive damages in that they are harassing an honest citizen without cause. They may back off or settle with you.

The problem with your scenario is he's fighting a state IRS that has a lot of experience behind it. Your suggestion, while making perfect sense on civil litigation or on a level playing field, doesn't work fighting the Gov. The state IRS doesn't care if litigation is good or bad as the people making the decisions aren't spending their own money to fight. It's our tax $$$ that they're using. They also have a stable of lawyers that have to do something to earn their pay. Whether they win or lose they get paid anyway. Lastly
they hope that what you will have to go through to do the right thing is a lot more trouble and expense than the $900 tax bill. Signed, a former state employee who has scene this scenario played out hundreds of times.

 

[wdchyd]

Years ago I had a similar situation with Vermont taxes.......It took a $300 lawyers bill to find out that I had to pay Vermont $86 in taxes....

Guess how made out there....:anyone:

 

[mswlogo]

I'm just gonna submit a tax bill for my property, deed, copy of delivery notice and some pics me using it on the property and where it's stored. If I have to pay a lawyer it will cost more than the taxes and penalties me things. It's not a ton of money. But it's the principle of the thing. I pay real estate taxes through the nose up in NH.

 

[thatguy]

any update on if you owe the taxes?

brian

 

[KUBOTAPOWER]

We are a Kubota dealership in MA. Whenever you finance a machine there is a UCC filing with that state. State governments are starting to follow these ucc filings to make sure they are being paid their taxes.