[DeTomaso] NPC- Taxes on classic cars?

Matt nwpantera at gmail.com
Wed Mar 16 22:16:16 EDT 2022


Thanks to all for chiming in on the fun subject of taxation!
Thank you for the link Erik although that was from 2018 and tax laws seem
to change with each administration.
In my original post I mentioned "wasting assets" and cars older than 50
years being exempt from capital gains tax.
Turns out this only applies in the U.K. as a result of the "Taxation of
Chargeable Gains Act 1992 (TCGA 1992 Sect 44).
It applies to plants and machinery only from what I could decipher from the
legal mumbo jumbo. I've been wrong before.
Maybe our British brethren can comment further on this!

After talking to a family member who has bought and sold a lot of collector
cars he assured me they will not be knocking on my door.
He never declares any profit to the IRS and moves money around in his bank
account all the time. Maybe he's just lucky but I've never heard of anybody
being audited for a car sale.
The exception is if you run a business or it's your only source of income.
I believe now that unless there is specific documentation available which
ties your S.S. # or tax id # and specific transactions documenting how much
was paid for the car, as well as how
much profit it was sold for, it is a moot point. It would be a huge grey
area in tax law if you ask me and highly unenforceable.
As long as it not an outrageous amount deposited in your account which
could possibly raise a red flag.
So sell away my friends, just keep it to yourselves!
Thanks again, Matt
Peace

On Wed, Mar 16, 2022 at 5:12 PM Erik Kolstoe <ekolstoe at gmail.com> wrote:

> Sportscar Market Magazine had a great write up on this very topic in their
> "Legal Files" section.
>
> It can be found here:
>
> https://www.sportscarmarket.com/columns/legal-files/tax-landscape-for-collectors
>
> Hope this helps.
>
> Erik
>
> On Wed, Mar 16, 2022 at 9:20 AM Mike & Elizabeth <mbefthomas2 at gmail.com>
> wrote:
>
>> Thanks Richard.  We can only hope that our cars would break that
>> threshold.  I almost, that's ALMOST, be happy to pay a cap gains tax if
>> that were the case.
>> Mike Thomas
>> Panteras Northwest
>>
>> -----Original Message-----
>> From: DeTomaso <detomaso-bounces at server.detomasolist.com> On Behalf Of
>> opiecars--- via DeTomaso
>> Sent: Wednesday, March 16, 2022 8:14 AM
>> To: Matt <nwpantera at gmail.com>; Gray Gregory <rgg at gregorycook.com>
>> Cc: detomaso at server.detomasolist.com
>> Subject: Re: [DeTomaso] NPC- Taxes on classic cars?
>>
>>  Matt,
>> Short story - Washington State does not have currently have capital gains
>> tax.
>> Long story - The legislature recently passed a bill approving it, which a
>> judge overruled. Further litigation is anticipated. Even if the tax goes
>> into effect there is a $250k threshold before the tax is applied.
>> See this article.
>>
>> https://www.jdsupra.com/legalnews/washington-state-capital-gains-tax-2935144/
>>
>> Richard O.
>>     On Wednesday, March 16, 2022, 04:29:40 AM PDT, Gray Gregory <
>> rgg at gregorycook.com> wrote:
>>
>>  Matt,
>>
>> Your tax person is correct. Any profit made on the sale will be subject
>> to federal capital gains tax. As for Washington state I know nothing about
>> the states tax laws but any state law would only apply to state taxes owed
>> not federal tax.
>>
>> Gray
>>
>> -----Original Message-----
>> From: DeTomaso <detomaso-bounces at server.detomasolist.com> On Behalf Of
>> Matt
>> Sent: Tuesday, March 15, 2022 6:19 PM
>> To: DeTomaso Mail List <detomaso at server.detomasolist.com>
>> Subject: [DeTomaso] NPC- Taxes on classic cars?
>>
>> I'm all googled out trying to get an answer on this.
>> Perhaps some of you might know.
>> While talking to my tax person the subject of classic car sales came up.
>> I asked her if I was to sell my 72 would I have to pay capital gains tax
>> on the profits?
>> She basically said yes I would but if I had receipts on any work done
>> that would be deducted from the total profit between what I paid for it and
>> what it was sold for.
>> Fair enough.
>>
>> But then as I was searching for more info as it relates to the state I
>> live in and where the car is registered (Washington state) I ran across
>> something.
>> Some of the articles that popped up mentioned that a classic car made
>> prior to 1973 would be exempt from any sales tax or capitol gains income!
>> What?
>> It would be viewed as a "wasting asset" alluding that any car over 50
>> years old has reached the end of it's useful life or something to that
>> effect.
>> This was news to me and I am having a hard time verifying that it
>> actually is applicable in WA state or any other state for that matter.
>>
>> Does anyone have any knowledge or experience to share about the subject?
>> Thanks, Matt
>> _______________________________________________
>>
>>
>> Detomaso Email List is not managed by POCA Posted emails must not exceed
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>> http://server.detomasolist.com/mailman/listinfo/detomaso
>>
>> To manage your subscription (change email address, unsubscribe, etc.) use
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>>
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>> message posted here to all past, current, or future members of the list.
>> They also grant the list owner permission to maintain an archive or approve
>> the archiving of list messages.
>>
>>
>> _______________________________________________
>>
>>
>> Detomaso Email List is not managed by POCA
>> Posted emails must not exceed 1.5 Megabytes
>> DeTomaso mailing list
>> DeTomaso at server.detomasolist.com
>> http://server.detomasolist.com/mailman/listinfo/detomaso
>>
>> To manage your subscription (change email address, unsubscribe, etc.) use
>> the links above.
>>
>> Members who post to this list grant license to the list to forward any
>> message posted here to all past, current, or future members of the list.
>> They also grant the list owner permission to maintain an archive or approve
>> the archiving of list messages.
>>
>
-------------- next part --------------
   Thanks to all for chiming in onA the fun subject of taxation!
   Thank you for the link Erik although that wasA from 2018 and tax laws
   seem to change with each administration.
   In my original post I mentioned "wasting assets" and cars older than 50
   years being exempt from capital gains tax.
   Turns out this only applies in the U.K. as a result of the "Taxation of
   Chargeable Gains Act 1992 (TCGA 1992 Sect 44).
   It applies to plants and machinery only from what I could decipher from
   the legal mumboA jumbo. I've been wrong before.
   Maybe our British brethrenA can comment further on this!
   After talking to a family member who has bought and sold a lot of
   collector cars he assured me they will not be knocking on my door.
   He never declares any profit to the IRS and moves money around in his
   bank account all the time. Maybe he's just lucky but I've never heard
   of anybody being audited for a car sale.
   The exception is if you run a business or it's your only source of
   income.
   I believe now that unless there is specific documentation available
   which ties your S.S. # or tax id # and specific transactions
   documenting how much was paid for the car, as well as howA
   much profit it was sold for, it is a moot point. It would be a huge
   grey area in tax law if you ask me and highly unenforceable.
   As long as it not an outrageous amount deposited in your account which
   could possibly raise a red flag.
   So sell away my friends, just keep it to yourselves!
   Thanks again, Matt
   Peace

   On Wed, Mar 16, 2022 at 5:12 PM Erik Kolstoe <[1]ekolstoe at gmail.com>
   wrote:

   Sportscar Market Magazine had a great write up on this very topic in
   their "Legal Files" section.
   It can be found here:
   [2]https://www.sportscarmarket.com/columns/legal-files/tax-landscape-fo
   r-collectors
   Hope this helps.
   Erik

   On Wed, Mar 16, 2022 at 9:20 AM Mike & Elizabeth
   <[3]mbefthomas2 at gmail.com> wrote:

     Thanks Richard.A  We can only hope that our cars would break that
     threshold.A  I almost, that's ALMOST, be happy to pay a cap gains
     tax if that were the case.
     Mike Thomas
     Panteras Northwest
     -----Original Message-----
     From: DeTomaso <[4]detomaso-bounces at server.detomasolist.com> On
     Behalf Of opiecars--- via DeTomaso
     Sent: Wednesday, March 16, 2022 8:14 AM
     To: Matt <[5]nwpantera at gmail.com>; Gray Gregory
     <[6]rgg at gregorycook.com>
     Cc: [7]detomaso at server.detomasolist.com
     Subject: Re: [DeTomaso] NPC- Taxes on classic cars?
     A Matt,
     Short story - Washington State does not have currently have capital
     gains tax.
     Long story - The legislature recently passed a bill approving it,
     which a judge overruled. Further litigation is anticipated. Even if
     the tax goes into effect there is a $250k threshold before the tax
     is applied.
     See this article.
     [8]https://www.jdsupra.com/legalnews/washington-state-capital-gains-
     tax-2935144/
     Richard O.
     A  A  On Wednesday, March 16, 2022, 04:29:40 AM PDT, Gray Gregory
     <[9]rgg at gregorycook.com> wrote:A
     A Matt,
     Your tax person is correct. Any profit made on the sale will be
     subject to federal capital gains tax. As for Washington state I know
     nothing about the states tax laws but any state law would only apply
     to state taxes owed not federal tax.
     Gray
     -----Original Message-----
     From: DeTomaso <[10]detomaso-bounces at server.detomasolist.com> On
     Behalf Of Matt
     Sent: Tuesday, March 15, 2022 6:19 PM
     To: DeTomaso Mail List <[11]detomaso at server.detomasolist.com>
     Subject: [DeTomaso] NPC- Taxes on classic cars?
     I'm all googled out trying to get an answer on this.
     Perhaps some of you might know.
     While talking to my tax person the subject of classic car sales came
     up.
     I asked her if I was to sell my 72 would I have to pay capital gains
     tax on the profits?
     She basically said yes I would but if I had receipts on any work
     done that would be deducted from the total profit between what I
     paid for it and what it was sold for.
     Fair enough.
     But then as I was searching for more info as it relates to the state
     I live in and where the car is registered (Washington state) I ran
     across something.
     Some of the articles that popped up mentioned that a classic car
     made prior to 1973 would be exempt from any sales tax or capitol
     gains income! What?
     It would be viewed as a "wasting asset" alluding that any car over
     50 years old has reached the end of it's useful life or something to
     that effect.
     This was news to me and I am having a hard time verifying that it
     actually is applicable in WA state or any other state for that
     matter.
     Does anyone have any knowledge or experience to share about the
     subject?
     Thanks, Matt
     _______________________________________________
     Detomaso Email List is not managed by POCA Posted emails must not
     exceed 1.5 Megabytes DeTomaso mailing list
     [12]DeTomaso at server.detomasolist.com
     [13]http://server.detomasolist.com/mailman/listinfo/detomaso
     To manage your subscription (change email address, unsubscribe,
     etc.) use the links above.
     Members who post to this list grant license to the list to forward
     any message posted here to all past, current, or future members of
     the list. They also grant the list owner permission to maintain an
     archive or approve the archiving of list messages.
     _______________________________________________
     Detomaso Email List is not managed by POCA
     Posted emails must not exceed 1.5 Megabytes
     DeTomaso mailing list
     [14]DeTomaso at server.detomasolist.com
     [15]http://server.detomasolist.com/mailman/listinfo/detomaso
     To manage your subscription (change email address, unsubscribe,
     etc.) use the links above.
     Members who post to this list grant license to the list to forward
     any message posted here to all past, current, or future members of
     the list. They also grant the list owner permission to maintain an
     archive or approve the archiving of list messages.

References

   1. mailto:ekolstoe at gmail.com
   2. https://www.sportscarmarket.com/columns/legal-files/tax-landscape-for-collectors
   3. mailto:mbefthomas2 at gmail.com
   4. mailto:detomaso-bounces at server.detomasolist.com
   5. mailto:nwpantera at gmail.com
   6. mailto:rgg at gregorycook.com
   7. mailto:detomaso at server.detomasolist.com
   8. https://www.jdsupra.com/legalnews/washington-state-capital-gains-tax-2935144/
   9. mailto:rgg at gregorycook.com
  10. mailto:detomaso-bounces at server.detomasolist.com
  11. mailto:detomaso at server.detomasolist.com
  12. mailto:DeTomaso at server.detomasolist.com
  13. http://server.detomasolist.com/mailman/listinfo/detomaso
  14. mailto:DeTomaso at server.detomasolist.com
  15. http://server.detomasolist.com/mailman/listinfo/detomaso


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