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The Unfriendly California Skies: Avoiding Sales/Use Tax on Aircraft Purchases

BY Thomas A. Alston
October 01, 2003

Imagine getting slapped with a $100,000 past-due tax bill from the state of California several years after you purchased an aircraft, and you don't even live in that state. Think it can't happen? Better think again, as this type of scenario plays out with increasing frequency as California grapples with perennial budget shortages.

An Issue of National Importance

Of the 360,000 general aviation aircraft currently registered in the United States, 11% are based in California. Additionally, approximately 10% (250 to 400) of all new and used aircraft sales occur in California each month. These numbers alone justify further understanding of California's tax laws. Additionally, California regulations dictate that aircraft purchased out of state, but brought into California within 90 days, will be presumed to have been purchased for use in the state. In other words, a “use” tax could be levied on anyone, in any state, if they land in California. The use tax is set at the same rate as the sales tax – as much as 8.5%.

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