Checkpoint Contents State & Local Tax Library State & Local Taxes States New York Rulings New York Advisory Opinion 1999 New York Advisory Opinion TSB-A-99(22)S, 04/08/1999 New York Advisory Opinion No. TSB-A-99(22)S Date Issued: 04/08/1999 Tax Type(s): Sales and Use Tax ADVISORY OPINION PETITION NO. 5990210A On February 10, 1999, the Department of Taxation and Finance received a Petition for Advisory Opinion from Stephen R. Brady, 224 Monroe Drive, Williamsville, New York 14221. The issue raised by Petitioner, Stephen R. Brady, is whether sales tax applies when the owner of a vehicle re-registers the vehicle in the name of his revocable living trust. Petitioner submits the following facts as the basis for this Advisory Opinion. Petitioner formed a revocable living trust (the "trust') for probate planning purposes, and sought to transfer title and registration for a motor vehicle to the trust. In the process of registering the vehicle in the name of the trust, New York State Department of Motor Vehicle (DMV) personnel attempted to collect sales tax when Petitioner presented Form DTF-803, Claim for Sales Tax Exemption-Title/Registration. When Form DTF-803 was presented, box 14 was checked (indicating an exemption was claimed other than those enumerated in the form) and the transaction was described as a "transfer to current registrant's revocable living trust". Petitioner EFTA01113119