AUTO TITLE MANUAL - Franklin County, Ohio
AUTO TITLE MANUAL - Franklin County, Ohio
AUTO TITLE MANUAL - Franklin County, Ohio
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If the used motor-vehicle dealer obtained the new motor vehicle by trading in a used<br />
vehicle, the taxes paid by that used motor vehicle dealer would be based on the price of<br />
the new vehicle, reduced by the used vehicle trade-in allowance.<br />
42. How are taxes calculated on a brokered watercraft sale?<br />
The sale of watercraft, outboard motors and parts thereof made by boat dealers and/or<br />
brokers are deemed to be sales subject to the sales or use tax regardless of who holds title<br />
to such watercraft, outboard motors or parts prior to the sale.<br />
Tax Commissioner Rule 5703-9-40, dated Feb. 24, 1965, reads as follows:<br />
“Persons engaged in the business of selling tangible personal property who are<br />
authorized, engaged or employed to sell tangible personal property belonging to another<br />
are the vendors of such tangible personal property and shall be responsible for the proper<br />
collection and remittance of the sales tax with respect to such sales.<br />
“Persons engaged in the business of selling tangible personal property shall include<br />
persons who hold themselves out to the public as conducting a business regardless of<br />
whether the merchandise sold is owned by them or by other persons who have<br />
authorized, engaged or employed them to sell tangible personal property.”<br />
Therefore, persons who represent themselves as dealers and/or brokers and make sales of<br />
tangible personal property on their own behalf or on behalf of others must collect the tax<br />
on all such sales unless otherwise exempted. Such dealers and/or brokers are required to<br />
have a vendor's license or out-of-state seller’s use tax registration with the State of <strong>Ohio</strong><br />
for the collection and remittance of tax. Tax must be paid by the dealer/broker as<br />
follows:<br />
a) On titled watercraft and/or outboard motors, the dealer/broker will remit the proper<br />
amount of tax [net of discount when the dealer/broker has a vendor’s license or an out-ofstate<br />
seller’s registration (99-XXXXXX)] to the Clerk of Courts at the rate for the<br />
purchaser’s county of residence.<br />
b) On watercraft that are not required to be titled, documented watercraft or accessories<br />
and parts, the dealer/broker will remit the proper amount of tax to the Department of<br />
Taxation on the dealer/broker’s tax return. This remittance will be net of discount if the<br />
return is timely filed and the amount of tax that is due is paid in full. The tax rate to<br />
collect would be: Before July 1, 2005, the rate in effect in the dealer/broker’s county or<br />
customer’s county if the dealer/broker is located outside <strong>Ohio</strong>. After July 1, 2005, the rate<br />
in the county where the customer takes possession of the watercraft or accessories.<br />
**** Special Notes ****<br />
If the dealer/broker is licensed with the <strong>Ohio</strong> Department of Natural Resources as a<br />
watercraft dealer, the “price” for calculating sales tax may be reduced by any watercraft<br />
or outboard motor taken in trade by the dealer/broker.