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We are about ready to try full timing again just got 5th wheel and new truck and was told we could tag both with a Montana LLC . If this is the case can I still keep my Maryland drivers license? I have know ideal how to go about this. Would like to hear from someone who knows how this works.

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Larry and Gwen,

 

There is not one answer that applies to all circumstances. Many of the folk who post on this forum have used Bennett Law Offices in Missoula to set up an LLC. I suggest you call Bennett Law at (866) 543-6803 and ask for an opinion based on your circumstances. They won't charge for that, but be prepared to pay about a grand to set up your LLC and then annual fee if you use them. There may be cheaper more do it yourself options.

 

Jim

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I also agree very much with what Jim suggests. The Bennett Law Office can also be contacted by internet from that link. They advised me against using the LLC as it would not have saved enough to be worth the work required. They also are very current on the laws of the various states and can advice you about the laws of Maryland or refer you to someone who can. One thing that I can tell you is that if you plan to store the motorhome when not traveling in the state of Maryland, you will probably not be able to legally do this.

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Agree, talk to the lawyers. Also remember that the LLC is a seperate legal entity seperate from you and will have as its domicile the state of MT and will own and registure the vehicle in its name not yours. an LLC does not have a drivers license. You can still use Maryland as your domicile and keep your Maryland drivers license if the attorney agrees.

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When we bought our last motor home, we used a Montana LLC all handled by Bennett. We were living in Michigan at the time. Bennett gave us very detailed advice. They pointed to two different parts of Michigan law, one of which said we would have to keep it out of state for 90 days and another which indicated we might have to keep it out of state for a year. They strongly recommended we observe the one year period. We lived less than an hour from the Ohio line and kept it in a garage in Toldeo, never once bringing it north across the state line in that first year. Bennett can advise you on the rules in whatever state you live in. Bennett also worked with us and liquidated our LLC before we went to re title the motor home in Texas when we went full time a year and half after purchasing the motor home and thereby we did not have to pay any sales tax to Texas.

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  • 2 weeks later...

You ask a simple question with a complicated answer. If you have not looked into titling your rig in Montana before I would strongly encourage you to do research on this site or on RV.net to find out more details. Understand that if your domicile is in any other state than MT it likely is not fully legal to title your rig in MT. UNLESS other circumstances exist...like you really do have a need for a MT LLC and are not doing it simply to escape taxation. That having been said if you decide to licence your rig in MT I would encourage you to stay out of states that either your domicile is in or your drivers licence is registered in. For instance: If you get stopped by Maryland's finest they may ask you why you are titled in MT. (and avoiding Maryland taxes.) If you get stopped in a state that you are not licensed in or claim as your domicile (which may not necessarily be the same state) the Police Officer has no juristician therefore won't refer you to his states attorney general who might otherwise be interested in collecting back taxes from you.

 

It's a complicated issue. I would encourage you to do research into this issues before you contact Bennett or Hegan Law Offices in MT. But understand if Maryland is your domicile and you license in MT, the Governor of Maryland will take you off his Christmas card list if they ever discover that you have licensed in MT.

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So what do you all have to say about people (possibly like me! :D ) that have a place in AZ, CA, WA, NV, and have an LLC in MT????

 

Since you can have ONLY ONE Drivers License!! What say ye! :D

You can have places wherever you want and have a Montana LLC as long as you comply with the laws of the state where you are legally domiciled and that it is the correct state to be domiciled in among your various places.

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You can have places wherever you want and have a Montana LLC as long as you comply with the laws of the state where you are legally domiciled and that it is the correct state to be domiciled in among your various places.

 

Right, telling people that a Montana LLC is not "fully legal" is simply wrong. Yes, if you title your RV using a MT LLC and then keep it in your domicile state for more than the specified number of days per year that is permitted THEN you would not be legal. But if you play by the rules of your domicile state there is nothing illegal about it.

 

This topic gets thrashed every couple of months as this thread demonstrates and each time it comes back to those folks who for whatever reason think it is morally wrong to legally reduce one's taxes to the lowest possible level. Several times I've posted the famous quote by the noted jurist Learned Hand in which he pointedly states that no one has an obligation to pay more taxes than is necessary to comply with the law. If there is a legal way to avoid taxes I will always attempt to apply it.

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So what do you all have to say about people (possibly like me!

What is it that you would have all of us say? The reality is that at any given moment you are subject to the laws of the place where you happen to be, whether you agree with them or not. I have read the laws of many different states which address who must register what vehicles in their state and when they must do so. Not one state in that group had any mention of where the vehicle's title holder owns real estate, nor where they happen to be licensed to drive, nor even the word domicile. In general, a vehicle is required to be registered and taxes paid on them in whatever state that vehicle is "garaged" or kept when not in actual use. Just how each state defines that term varies widely. Nothing that you do in one state will make you immune to the laws of another state when you spend time there.

 

An LLC in and of it's self is not against the law but having one does not change the requirements of the state your vehicle is physically in about when or if you must title & register the vehicle in that state. In most cases, your LLC could meet those requirements by moving the licensing of the subject vehicle to the state in question. Most states do not care who holds title to a vehicle, only that they are paid the taxes which their state laws require.

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Right, telling people that a Montana LLC is not "fully legal" is simply wrong. Yes, if you title your RV using a MT LLC and then keep it in your domicile state for more than the specified number of days per year that is permitted THEN you would not be legal. But if you play by the rules of your domicile state there is nothing illegal about it.

 

This topic gets thrashed every couple of months as this thread demonstrates and each time it comes back to those folks who for whatever reason think it is morally wrong to legally reduce one's taxes to the lowest possible level. Several times I've posted the famous quote by the noted jurist Learned Hand in which he pointedly states that no one has an obligation to pay more taxes than is necessary to comply with the law. If there is a legal way to avoid taxes I will always attempt to apply it.

Put on your reading glasses before you start blasting away. I said you have to be legal with your domicile state. In no way did I say a Montana LLC is not legal. And if you had read the thread you would have read that I bought a motor home through one and the steps I took to be legal with my domicile state.

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Put on your reading glasses before you start blasting away. I said you have to be legal with your domicile state. In no way did I say a Montana LLC is not legal. And if you had read the thread you would have read that I bought a motor home through one and the steps I took to be legal with my domicile state.

I think he was agreeing with you.

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Put on your reading glasses before you start blasting away. I said you have to be legal with your domicile state. In no way did I say a Montana LLC is not legal. And if you had read the thread you would have read that I bought a motor home through one and the steps I took to be legal with my domicile state.

 

I never said you made that statement, the post by CIRE did "Understand that if your domicile is in any other state than MT it likely is not fully legal to title your rig in MT. "

 

I should have made that clear. I started my post by saying "Right" which I thought would imply that I agreed with you. Sorry for the confusion. Both of us have used MT LLC's and I am well aware of that.

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