Luxury-car buyers who use ‘Montana loophole’ to dodge California taxes are target of new law

Gov. Gavin Newsom last week signed legislation cracking down on the practice of luxury-car buyers in California registering cars out of state to avoid taxes.

Senate Bill 1406, introduced by state Sen. Jerry McNerney (D-Pleasanton), closes the so-called Montana loophole, in which tax evaders create shell companies in Montana or other states without sales tax or vehicle registration fees and use them to purchase Ferraris, Porsches and other luxury cars. The state estimate it loses millions of dollars annually because of such schemes.

The new law expands California’s definition of who is a resident under state sales tax law in an effort to weed out phony shell companies, making a company liable for state taxes when at least one member of the business is a California resident.

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