Yahoo Message Number: 11032 (http://groups.yahoo.com/neo/groups/Country-Coach-Owners/conversations/messages/11032)
In answer to your question concerning your repair time, I think it will count towards your 90 day out of state. The rules state that the coach must be used and not stored. Being in the repair shop is not stowage. Sitting at Beaudry during repair is using the coach. For the most correct answer, I suggest a call to a BOE office. Believe it or not they will help you. Do not try to get info from DMV as they are just a collection agency for BOE. Download BOE PUB52 foe furthere info also.
We have friends that took out of state and before their 90 days were up, he had to return home for surgery and they stored the coach out of state. They went to BOE and ask how to handle the situation. BOE added up the time they actually used the coach before the stowage and told them how many more days they needed to complete the needed time.
Don
'02 Intrigue #11427
Yahoo Message Number: 11049 (http://groups.yahoo.com/neo/groups/Country-Coach-Owners/conversations/messages/11049)
Really sorry to hear about your problems.
The following is a more general response intended for you AND other people.
With regards to the CA BOE (Board of Equalization) rules. There are two methods to meet their requirements to be exempt from tax (until October 1st, 2004, when the durations and possibly some conditions change):
a) Take delivery out of state, and USE it out of state for 90 days before bringing it into California. The USE does not have to be consecutive days. USE it for 30 days, STORE it for 45 days, USE it for 60 days, then bring it into California. BOE, according to you, seems to be treating the repair as non-use. Personally, I believe USE can be sleeping and eating in it, even though it is not being moved. Did you explain that you were sleeping in it? With this method, food receipts, cell phone bills, etc are useful (expected?) to show that you were with the coach (even when travelling around the country). Of course, if you went home and left the coach there, those days would not count (with this method) toward the 90 days. IMHO, the BOE is concerned with the proof of the 90 days you claim, not the days you report as non use. From your numbers, I think you may have approx 24-26 nights left to USE the coach, unless you slept in the coach between March 27th and June 26th.
b) The second method is often overlooked, but is the way I
qualified and also the approach many of my friends subsequently used. Unfortunately, for you, the clock has not started yet with this approach, because it have to take it into California first!! But this approach gives you lots of flexibility, and can still be used by you, depending upon your needs. Take delivery out of California, USE it (and document its use) for one or more days (I acutally count nights, and BOE was very happy with that) out of state. Then bring it into California and well document the day (night) of entry (receipt from RV Park, and I like photos). The clock has then started. You must them keep the coach out of state for more than half (one document says half, another says more than half) of the next six months. While it is out of state (in this method only) it can be in USE AND/OR STORAGE! The six months, depending on the months, can be 184 days, which means it must be out of state 93 days (again I counted nights) for good measure. This approach allows for return to home for loading and showing it off, as well as transportation through the state (AZ to OR). With this method, no food receipts or cell phone bills, etc are needed.
In my case, I had it out of state for 8 nights, in state for 29 nights, out of state for 28 nights, in state 26 nights, out state 33 nights, in state 3 nights, out state 18 nights, in state 12 nights, out state 16 nights. This totals 95 nights (after first entry) from out of state, and 70 nights in state. I then went to the BOE and obtained the certificate. The "IN" time included two weeks in repair shops. I was not with the coach for all of out of state time. It was our winter/spring home on many weekends near Reno NV.
I have heard of people taking delivery out of state, buying gas out of state, and driving it into California, or conversely, popping into CA the first time to buy gas and then heading out. Personally, I believe nights are easier and safer to count. How do you count days that you drive from out of state into the state? Are they in'ies or out'ies? I suppose you could say that "home" is where the bed is.
Even if you plan to use the first method, use the second method if you take delivery close to CA. It gives you a lot more flexibility, such as an emergency trip home. Qualification can be done in almost the same number of days (nights).
Where the BOE has disovered that a person has failed to qualify for the first method (they stored it and counted the days), they have suggested, if remaining time permits, that a person start the second method (which can be done if you find out that you failed to qualify before 1/2 of the six months since your first entry into CA has passed).
The two methods and times apply to purchases prior of 10/1/2004.
Although the bill has passed, there is three months of grandfathering.
Another note: I made copies of all pertainate receipts, numbered the pages, referenced the page numbers in a spreadsheet which tallied the nights in/out of the state. Spiral bound it, and presented a copy to the local BOE. After his review, he comment that "I have seen good documentation and bad documentation (pile of receipts), but this is OUTSTANDING". Spreadsheet available upon request by direct email to me -- herbyahoo@... (herbyahoo@...).
The only problem I had was that the local BOEs don't always talk to the central BOE. So 3 months later I get a letter stating that I had purchased a coach for out of state delivery 9 months earlier, and that I needed to pay the tax or produce the documentation!!! A quick letter to the central BOE office, referencing my review at the branch office, solved the problem and gave me a "all clear" letter.
Understand and follow the rules, and provide quality documentation (I included photos) -- qualification is easy. I also kept backup documentation in my car when I visited the BOE, just in case I had problems. It was my first time. Thank goodness I did that. I had forgotten to include the coach registration document in the BOE package. Fortunately, I had a copy in my backup material so that I did not have to make a 50 mile round trip.
Good luck.
Herb
2002 Allure #30690
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