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Colorado Colorado's new OHV Title (i.e. "Tax") Law - Effective June 1, 2014 was a gift from a single Democrat

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So folks, it looks like Senate Democrat Lois Torchtrop is THE ONLY LAWMAKER who sponsored this bill.  Below is the link to the bill, and she's the only sponsor.  

 

The new Colorado law requires all "Off-Highway" vehicle owners to title their vehicles (with some exceptions).  Of course, this means when you comply with the title law, any "new" private party purchase that occurred after 7/1/2014, the DMV will collect tax from you.  "Just like on the private purchase and title of a car" without the registration and license plate.  That's what Broomfield DMV told me today.  Collecting tax is the point to all this.  

 

I think this is a link to the final bill version, but I'm not entirely sure.  text of SB13-280  

 

PLEASE DO contact LoisTorchtrop HERE and let her know what you think of her work.  Also, her email is: lotochtrop@aol.com

 

BTW, she did this at the request of the Powersports Dealers Association of Colorado.  That group brags about the "success" of passing the law on their web page HERE.  They claimed it as an epoch battle to pass the law.  And they "won".  Unreal.

 

Here's my take: dealers were tired of private transactions because they had difficulty competing since people didn't pay sales tax on the private purchase.  At 9%, buying a used $10,000 machine privately would save about $900!  This law puts private transactions on the same playing field with dealer's used stock because now we all have to title and pay tax.  So, what's the incentive to buy private beyond price negotiations.  Dealers and the State tax collectors win.  Not citizens.

 

Check out their Mission statement:  They lived up to it with this law.

 

Our Mission

The objective of the Powersports Dealers Association of Colorado is to promote and protect the strategic, financial and sporting interests of persons and businesses engaged in the retail sale of franchised motorcycles, ATVs, personal watercraft and snowmobiles.  At the State Capital, in the halls of the state bureaucracy and in the association boardroom, PDAC is working for you!

Edited by ram

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YAY MORE TAXES!
AS IF 24% RIGHT OUT OF MY CHECKS WASN'T ENOUGH!
AS IF 6-8% OF EVERY PURCHASE I MAKE WITH ONLY 76% OF MY INCOME WASN'T ENOUGH!
 

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a Democrat you say?....huh.....go figure.  Taxpayers are just here to be milked by the government.

 

They think they know better on how to spend our money and use the power of the state to extract it from you and spend on their pet projects.  I have my own pet projects ...they are called my wife and kids.

 

I hope some will keep this in mind come election time....but I have my doubts.

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The reason the dealers were behind this is because you could buy any OHV or snowmobile from out of state then just order a permit for it and get a ___WAY___ better price on it than you ever could from any of the CO dealers and the politicians went for it because you'd also pay no sales tax on it.

 

So basically this means now you are paying more money for the OHV because they charge MSRP and you're not going to save enough on taxes by going out of state to buy it, so its basically increasing your cost to buy nearly 20% depending on the locality you purchase it.

 

There is only one dealer on the front range I'll buy a bike from these days and conviently they aren't on that list, so more power to them.

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So, any reason you cannot name the dealer?  I'd like to know. 

 

I'm royally pissed at Sun Honda (the last dealer I bought a bike from) for being part of this.  If I can spend my money elsewhere, I will.

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So all of the 20 members of the powersports dealers association are democrats too?   and of course somehow it is Obamas fault as well correct?

 

Put the blame where it lies,  follow the money,  follow the greed.  Money and greed seem to have no political leanings!

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Carl,

 

I won't argue your point.  Nether party is worth defending. 

 

I think LoisTorchtrop is a piece of crap for sponsoring this legislation at the behest of the special interest group.  I'm sure her family loves her and I may think she's a great person if I'd gotten to know her.  But in this context, the term "political whore" seems accruate.  I guess that's politics by definition.  Had she been a Repulican, I still would have made this post and I would have said that in my title as well.  I just want everyone to know who the SINGLE LAWMAKER is that sponsored this law.  LoisTorchtrop deserves recognition for her efforts.

 

I get that some dealers are conservative leaning, and just greedy.  I don't care about their party affilitation.  I care about my wallet, which is why I asked Dogmeat for the name of the dealer NOT on the list.  I guess when I have an evening to waste, I'll try searching dealer names and compare to the list myself.  Personally, I'm pissed that Sun Honda is on there.  They WERE my favorite in the north metro area.

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Carl,

 

I won't argue your point.  Nether party is worth defending. 

 

I think LoisTorchtrop is a piece of crap for sponsoring this legislation at the behest of the special interest group.  I'm sure her family loves her and I may think she's a great person if I'd gotten to know her.  But in this context, the term "political whore" seems accruate.  I guess that's politics by definition.  Had she been a Repulican, I still would have made this post and I would have said that in my title as well.  I just want everyone to know who the SINGLE LAWMAKER is that sponsored this law.  LoisTorchtrop deserves recognition for her efforts.

 

I get that some dealers are conservative leaning, and just greedy.  I don't care about their party affilitation.  I care about my wallet, which is why I asked Dogmeat for the name of the dealer NOT on the list.  I guess when I have an evening to waste, I'll try searching dealer names and compare to the list myself.  Personally, I'm pissed that Sun Honda is on there.  They WERE my favorite in the north metro area.

 

I don't see Elite KTM's name on the list .... Might have to switch to orange? :)

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You're F'ing kidding me...

 

&%$#@!? This is B.S.  this is going to be a royal Pain in the @$$, go buy a bike then go to dept. of revenue with what some cockamamie bill of sale and then get a title?  Will the division of parks and wildlife now require us to send our titles in, in order to get our OHV stickers? If I'm selling a bike do I now need to go get the Title before I sell it???

 

These Dealers are Idiots, if they think this tax will get me to go buy a used bike at their dealership vs. from a private citizen.  I can still get Joe Schmoe to write on the B.O.S. the he sold it to me for $100.

 

This Old Bag needs to be voted out PRONTO!  She's just another Democrap trying to pull money outta my pocket.  IF the Title and TAX fees go to the maintenance and upkeep of OHV trails then I won't be quite so Pi$$ED off about this additional gouging, but I'm willing to be it will just go into the general fund and OHV users will see absolutely ZERO benefits from this added tax.  IMO Sales Tax should only be applied to NEW vehicle purchases, the tax gets paid once, no need for taxes to continually be paid over and over again.

 

 

There's 1 Benefits to this; that is eventually most OHVs will be titled which means that it SHOULD make life more painful for bike thieves. 

Edited by dukeryder

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The taxes will be based on book value not on your Bill of sale. I was at the vehicle registration last Monday and asked them. Still the book value tends to be less than today's street value.

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and do i have to get a title before i sell a used bike that was grandfathered?  Or is it on the buyer to take care of that when its transferred to them?

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To ease the pain, i believe a grandfathered owner IS NOT required to get a title.  The buyer, however, is required to obtain a title.  Likely within a certain number of days of transfer (and pay the tax), or face a penalty.  Broomfield DMV told me the OHV title rules are the SAME as title rules with a car.  Except you are not getting plates for OHV's, just the title.

 

You bet your A$$ if I'm buying a used bike now, I'll be looking for a title in hand.  I don't want the headache of getting a title for the first time on a used "new" bike.  So even though you are grandfathered, I'm sure people like me will pass up your used bike unless you have title in hand or a dang cheap price to make it worth my headache for the first time process.

 

Dukeryder, you are correct.  None of the new OHV tax dollars are to be set aside for trail maintenance or OHV programs.  The funds are handled the same as the funds obtained from vehicle titles.  Likely potholes first.

Edited by ram

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Glad I saw this – I just sold my 03 to a friend and he has not picked it up yet.  Now I have to tell him that when he goes to get an OHV tag, he will have to pay for Title and Tax (based on Book value).  He may want to back out of the deal, and I would not blame him.  I will not be able to sell it to him for the agreed to price if I have to go and get it Titled and pay the new Tax, first.  I do not see the 30 day rule – but it is probably buried in the statute somewhere.  I assume this is official – meaning the Gov has signed it into law.  Correct?

 

joe    

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I have been e-mailing with the El Paso County Motor Vehicle manager, a Title is not required for an OHV vehicle if it is sold by a private party.  A Title is only required if it is being sold by a "Dealer".  If a buyer wants to get it titled in El Paso county, he will need the Parks and Wildlife registration (what you use to get your OHV sticker), the Bill of Sale, and the Certicicate of Origin (what you got when your first bought the bike) and you can get it titled for $7.20.  So, either the other County MV departments are ripping you off, or El Paso County is not buying into the new Democrat Tax.  Either way, I am glad I live here.

 

joe

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I have been e-mailing with the El Paso County Motor Vehicle manager, a Title is not required for an OHV vehicle if it is sold by a private party.  A Title is only required if it is being sold by a "Dealer".  If a buyer wants to get it titled in El Paso county, he will need the Parks and Wildlife registration (what you use to get your OHV sticker), the Bill of Sale, and the Certicicate of Origin (what you got when your first bought the bike) and you can get it titled for $7.20.  So, either the other County MV departments are ripping you off, or El Paso County is not buying into the new Democrat Tax.  Either way, I am glad I live here.

 

joe

Good information, thanks for taking the time to share this.

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See here, the Gov. Hickenlooper signed this into law on 6/5/2013.  This happened LAST YEAR.  See this link.  It shows the final bill and the date of the Gov's signature.

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I need to study this pile of crap law.  Its difficult to follow.  This paragraph below, seems clear that a private party needs to obtain title (text copied from the law linked above):

 

42-6-109. Sale or transfer of vehicle. (1) Except as provided in section 42-6-113, a person shall not sell or otherwise transfer a motor OR OFF-HIGHWAY vehicle to a purchaser or transferee without delivering to the purchaser or transferee a certificate of title to the vehicle duly transferred in the manner prescribed in section 42-6-110. Except as provided in subsection (2) of this section, the certificate of title may be in an electronic format. Except as provided in section 42-6-115, A purchaser or transferee DOES NOT acquire any right, title, or interest in and to a motor OR OFF-HIGHWAY vehicle purchased by the purchaser or transferee unless and until he or she obtains from the transferor the certificate of title duly transferred in accordance with this part 1. A lienholder may request either a paper or electronic version of a certificate of title.
 
The law is clear that if you owned the OHV prior to 7/1/2014, you ARE NOT required to obtain a title and pay tax.  The next guy, however, is stuck needing to get a title, and oh yeah, pay tax on the purchase.  See this text, also copied:
 

42-6-103. Application. This part 1 APPLIES to motor vehicles AND OFF-HIGHWAY VEHICLES; EXCEPT THAT THIS PART 1 DOES NOT APPLY TO AN OFF-HIGHWAY VEHICLE THAT WAS SOLD OR TRANSFERRED BEFORE JULY 1,2014, UNTIL THE OFF-HIGHWAY VEHICLE IS SOLD OR TRANSFERRED AFTER JULY 1, 2014

 
If someone sees some web info or explanation posted by the DMV or other state agency, please post it!  It would be nice to have clarity here so I know what is now required of me.
 
Rm.
Edited by ram

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Below is the mail exchange between the El Paso county Motor Vehicle Manger and myself.  As I indicated before, Titles are NOT required for transactions between private seller and private buyer – and least in our County.

 

Me

To chrismyszkowski@elpasoco.com

Jul 28 at 10:16 AM

 

Hello, I recently sold my 2003 off road motorcycle to friend.  The sale was completed last week.  I was informed that as of July 1st, 2014 - he will have to Title and Register this vehicle before he can get his OHV tags for the coming year.  Can you tell me the process he will have to follow?  He has the Bill of Sale - duly signed and witnessed, and he has the original Certificate of Origin.  But, nothing else.  What will he need to do/bring when he registers the vehicle in El Paso County?  Also, how long does he have to get it registered after he took possession?

Thank you.

joe 

 

On Monday, July 28, 2014 10:37 AM, Chris Myszkowski <ChrisMyszkowski@elpasoco.com> wrote:

 

Joe…

 

There are a couple of issues here.  He first needs to go the Colorado Department of Parks and Wildlife located at 4255 Sinton Road in Colorado Springs (tel: 227.5200) to get his motorcycle registered.  That’s all he really needs to do in order to “register” the bike.  If he wants to get his off-road motorcycle titled, then he’ll need to bring the Colorado Department of Parks and Wildlife registration document, bill of sale, Certificate of Origin to one of our motor vehicle offices (Chris listed them – I removed them to save space).  We’ll make a copy of his original registration and then process a title in his name:

  

It will cost him $7.20 to get a title for his off-road motorcycle.  Hope this helps.

 

Regards, Chris

 

Chris Myszkowski

Motor Vehicle Manager

El Paso County

chrismyszkowski@elpasoco.com

719.520.7302 or 719.375.9189

 

Jul 28 at 10:37 AM

Me

To Chris Myszkowski

Jul 28 at 10:50 AM

 

It does.  However, when I read SB 13-280, I did not get the impression that getting a Title for an OHV was 'optional' anymore.  If it still is - then all is right with the Universe and I can sleep soundly tonight.  If not, then I hope the Parks and Wildlife registration, Bill of Sale, and Certificate of Origin are all he needs to satisfy the intent of the Bill.

 

Thanks for information

 

joe

 

On Monday, July 28, 2014 10:51 AM, Chris Myszkowski <ChrisMyszkowski@elpasoco.com> wrote:

 

Title is only mandatory if the vehicle is purchased from a dealer.  If from another individual, then the title is optional.

 

Regards, Chris

 

Me

To Chris Myszkowski

Jul 28 at 11:00 AM

 

Ah!  That make all of the difference in the world.  Thanks again.

 

joe
 

 

Chris Myszkowski

To Me

Jul 28 at 11:07 AM

You are more than welcome, Joe.

Regards, Chris

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