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Except that it is not legal to do so... The law requires you to license motor vehicles in the state of principle use (the state with "stitus") NOT your state of residence.
You may get away with it for a while--especially in Omaha, but every now and then they crack down on it--particularly with Omahans who register their vehicles in Iowa.
Wrong.
1) Motor Vehicle Statutes are done state by state. There is no federal law here. Still, any quick search of state laws will show that you are to register vehicles in your state of residence.
2) What you're referring to is actually an insurance issue. Some people register cars in other states to get lower insurance and lying about where a car is located is grounds to revoke a policy. That wouldn't be an issue here because not only because the insurance would actually be more expensive in Florida, but I'd make sure the insurance companies knew that the vehicle would be spending time in other states.
3) If done properly, this is perfectly legal. I may be a resident of Omaha, but the vehicle is owned by an LLC and that LLC is domiciled in the State of Florida, hence the vehicle is also registered there. It is a completely different situation than people who commit fraud by falsely claiming they live in Iowa when they live in Nebraska.
3) If done properly, this is perfectly legal. I may be a resident of Omaha, but the vehicle is owned by an LLC and that LLC is domiciled in the State of Florida, hence the vehicle is also registered there. It is a completely different situation than people who commit fraud by falsely claiming they live in Iowa when they live in Nebraska.
If the vehicle is owned by the LLC, it should be used for business purposes. It sounds like you would be using it for personal purposes. I'm not saying it can't be done, but be careful when doing taxes.
If the vehicle is owned by the LLC, it should be used for business purposes. It sounds like you would be using it for personal purposes. I'm not saying it can't be done, but be careful when doing taxes.
Not necessarily. One could easily do an operating agreement allowing for a manager to have personal use of a company vehicle.
I'm not sure why someone would do that though, i paid less in Nebraska than i would ever pay here in FL. (which is why our plates are in texas, my husband's "home state of residence" for the military.
I'm not sure why someone would do that though, i paid less in Nebraska than i would ever pay here in FL. (which is why our plates are in texas, my husband's "home state of residence" for the military.
I actually sat down and calculated it once and I came out slightly ahead on cost. Plus, there is that whole not having to have a front plate thing.
1) Motor Vehicle Statutes are done state by state. There is no federal law here. Still, any quick search of state laws will show that you are to register vehicles in your state of residence.
2) What you're referring to is actually an insurance issue. Some people register cars in other states to get lower insurance and lying about where a car is located is grounds to revoke a policy. That wouldn't be an issue here because not only because the insurance would actually be more expensive in Florida, but I'd make sure the insurance companies knew that the vehicle would be spending time in other states.
3) If done properly, this is perfectly legal. I may be a resident of Omaha, but the vehicle is owned by an LLC and that LLC is domiciled in the State of Florida, hence the vehicle is also registered there. It is a completely different situation than people who commit fraud by falsely claiming they live in Iowa when they live in Nebraska.
Well, since this is Nebraska forum, let's look at what Nebraska law actually says on the issue:
60-130. Situs, defined.
Situs means the tax district where a vehicle is stored and kept for the greater portion of the calendar year. For a vehicle used or owned by a student, the situs is at the place of residence of the student if different from the place at which he or she is attending school.
60-365. Operation of vehicle without registration; limitation; proof of ownership.
Any person purchasing a motor vehicle or trailer in this state other than from a licensed dealer in motor vehicles or trailers shall not operate or tow such motor vehicle or trailer in this state without registration except as provided in this section. Such purchaser may operate or tow such motor vehicle or trailer without registration for a period not to exceed thirty days. Upon demand of proper authorities, there shall be presented by the person in charge of such motor vehicle or trailer, for examination, a bill of sale showing the date of transfer or the certificate of title to such motor vehicle or trailer with assignment thereof duly executed. When such motor vehicle or trailer is purchased from a nonresident, the person in charge of such motor vehicle or trailer shall present upon demand proper evidence of ownership from the state where such motor vehicle or trailer was purchased.
60-366. Nonresident owner; registration; when; reciprocity.
(1) Any nonresident owner who desires to register a motor vehicle or trailer in this state shall register in the county where the motor vehicle or trailer is domiciled or where the owner conducts a bona fide business.
(2) A nonresident owner, except as provided in subsection (3) of this section, owning any motor vehicle or trailer which has been properly registered in the state, country, or other place of which the owner is a resident, and which at all times, when operated or towed in this state, has displayed upon it the license plate or plates issued for such motor vehicle or trailer in the place of residence of such owner, may operate or permit the operation or tow or permit the towing of such motor vehicle or trailer within the state without registering such motor vehicle or trailer or paying any fees to this state.
(3) Any nonresident owner gainfully employed or present in this state, operating a motor vehicle or towing a trailer in this state, shall register such motor vehicle or trailer in the same manner as a Nebraska resident, after thirty days of continuous employment or presence in this state, unless the state of his or her legal residence grants immunity from such requirements to residents of this state operating a motor vehicle or towing a trailer in that state. Any nonresident owner who operates a motor vehicle or tows a trailer in this state for thirty or more continuous days shall register such motor vehicle or trailer in the same manner as a Nebraska resident unless the state of his or her legal residence grants immunity from such requirements to residents of this state operating a motor vehicle or towing a trailer in that state.
Now, since I don't feel like taking the time to look up Florida law, Florida could provide for such an immunity to Nebraska residents in their statutes, making Florida an exception by reciprocity to this law. However, most states in the Interstate Compact don't.
The mistake you're making there is that, as I mentioned previously, I would not be the owner of the vehicle. It would be owned by an LLC domiciled in Florida.
60-366(C) Is pretty clearly directed at a natural person who takes employment within the state and brings their personal vehicle(s) with them. Even then, the section you bolded says such use must be thirty continuous days. Stay with a friend over in Council Bluffs? Take a weekend trip to Kansas City? Clock resets.
There's also the following section.
60-367. Nonresident; applicability of act.
The provisions of the Motor Vehicle Registration Act relative to registration and display of registration numbers do not apply to a motor vehicle or trailer owned by a nonresident of this state, other than a foreign corporation doing business in this state, if the owner thereof has complied with the provisions of the law of the foreign country, state, territory, or federal district of his or her residence relative to registration of motor vehicles or trailers and the display of registration numbers thereon and conspicuously displays his or her registration numbers as required thereby.
The "foreign corporation" thing is tricky, because it is not listed in the definitions or any other section that I read. Best I can tell, it is directed at commercial operators and owners. Either way, that section and the thirty day requirement make it legal.
The mistake you're making there is that, as I mentioned previously, I would not be the owner of the vehicle. It would be owned by an LLC domiciled in Florida.
60-366(C) Is pretty clearly directed at a natural person who takes employment within the state and brings their personal vehicle(s) with them. Even then, the section you bolded says such use must be thirty continuous days. Stay with a friend over in Council Bluffs? Take a weekend trip to Kansas City? Clock resets.
There's also the following section.
60-367. Nonresident; applicability of act.
The provisions of the Motor Vehicle Registration Act relative to registration and display of registration numbers do not apply to a motor vehicle or trailer owned by a nonresident of this state, other than a foreign corporation doing business in this state, if the owner thereof has complied with the provisions of the law of the foreign country, state, territory, or federal district of his or her residence relative to registration of motor vehicles or trailers and the display of registration numbers thereon and conspicuously displays his or her registration numbers as required thereby.
The "foreign corporation" thing is tricky, because it is not listed in the definitions or any other section that I read. Best I can tell, it is directed at commercial operators and owners. Either way, that section and the thirty day requirement make it legal.
And you are overlooking the definition of owner:
60-342. Owner, defined.
Owner means a person, firm, or corporation which holds a legal title of a motor vehicle or trailer. If (1) a motor vehicle or trailer is the subject of an agreement for the conditional sale thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, (2) a motor vehicle or trailer is subject to a lease of thirty days or more with an immediate right of possession vested in the lessee, or (3) a mortgagor of a motor vehicle or trailer is entitled to possession, then such conditional vendee, lessee, or mortgagor shall be deemed the owner for purposes of the Motor Vehicle Registration Act.
Why do large corporations, such as UPS, FedEx, UPRR, BNSF, or many, many, MANY others plate their fleet vehicles in Nebraska when primarily operated in Nebraska? If they thought they could get away with it, they'd pick whatever state they can do it the cheapest in and go with that. But, they don't.
You and I are obviously interpreting the statutes differently, but I know how most CAs and judges interpret it in this state. There isn't much case law on it that I can find on Lexis-Nexis, so go ahead, be the test case, take it before a Douglas County Judge, and let us know how it turns out for you.
I've seen judges rule on it in several jurisdictions. They have no sympathy for those trying to skirt paying their "fair share" of taxes to their county.
Last edited by IsThisOneTaken?; 01-21-2014 at 07:00 PM..
I'm not sure what your contention is here. There is no question the vehicle would be owned by the LLC.
Quote:
Why do large corporations, such as UPS, FedEx, UPRR, BNSF, or many, many, MANY others plate their fleet vehicles in Nebraska when primarily operated in Nebraska? If they thought they could get away with it, they'd pick whatever state they can do it the cheapest in and go with that. But, they don't.
Couple possibilities. State tax breaks. Satellite offices, and so forth. Regardless, it doesn't really matter.
You and I are obviously interpreting the statutes differently, but I know how most CAs and judges interpret it in this state. There isn't much case law on it that I can find on Lexis-Nexis, so go ahead, be the test case, take it before a Douglas County Judge, and let us know how it turns out for you.
I've seen judges rule on it in several jurisdictions. They have no sympathy for those trying to skirt paying their "fair share" of taxes to their county.
There is little ambiguity. The law is rather clear and on my side. The cases you are referencing are probably situations where "shell" LLC's are established for tax evasion. That is a different situation since I have a legitimate small business I could use that would prevent the piercing of the corporate veil.
This is a long read that deals with sales tax issues (a different problem I wouldn't bother with) but it gives you an idea on the general legality of the matter. As you'll see, the consensus is that there is no issue when used for legitimate business.
That said, let me ask you a couple questions here.
1) I posted the section of the law that says for the law to apply the vehicle must be operated in the state for 30 consecutive days. What is the definition of 30 consecutive days? Is it whole days or does simply operating the car within the state, even briefly, count as a day?
2) If you believe it is not whole days, then imagine this scenario. A business in Iowa owns a vehicle. As part of that business, the vehicle travels to Omaha every day but returns to Iowa at the end of the night. Where does the business register it's vehicle?
3) If you believe it is whole days, let's say I have the vehicle in Omaha but travel to Council Bluffs once a day. Do I have to register the car in Nebraska? If so, why?
4) Regardless of which definition you pick, let's say I live in Omaha but take the car to Iowa for a car show (relevant for promoting the business) and stay the weekend. The vehicle is not in the state of Nebraska for a whole 48 hours. Do I still have to register the car in Nebraska? If so, why?
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