Sun Dec 13, 2009 10:16 am
I guess the lesson learned is to be sure you have good documentation on what you buy. Then, be prepared to prove it.
The hiccup with my friend is this was a non airworthy acft when he bought it. He only has the loan documentation (what he wants to pay the taxes on), FAA bill of sale, and the vRef to go on. I guess he should have gone back to the seller to see if he could get a “better” bill of sale. But it sounds like not getting an official bill of sale from the seller is somewhat common in this business. Can that be right? I don’t know, my perspective is from a sample of 1 and I bought from a broker so have an aircraft purchase sales agreement. But I wouldn’t have known any better if it was Joe Blow in hanger 10. There is still a lot I don’t know. Anyway, I just hope the state accepts my acft purchase sales agreement and not what they think I should pay. I have my doubts reading their correspondence to my friend.
For what it’s worth. I am looking at one of the letters the state sent my friend and it states “Please provide a purchase agreement or bill of sale to establish the purchase price” (no details about the type of bill of sale). The letter is on Department of Revenue letterhead and signed by one of the tax examiners. The previous letter, from another tax examiner, says “Colorado statues are very clear. Taxes are due on purchase price, not the fair market value”. That is a little ironic since the state based it’s figure on the fair market value from TAP, Controller, and then the blue book + 10%. Incidentally, that +10% figure came from the same examiner that said taxes are due on purchase price. Reading over the letters, it’s easy to see how this snowballed and became kind of ugly. In the end, my friend sent a check based on the amount of his loan; no response from the state yet and it’s been two months.