A private plane owes $0 state sales tax in nine states: Montana, New Hampshire, Oregon, Delaware, and Alaska (no general sales tax), Massachusetts and Rhode Island (all aircraft exempt), Maine (exempt through June 2033), and New York (general-aviation aircraft exempt). North Carolina caps the tax at $2,500 and South Carolina at $500; most other states charge their full rate — 6% in Florida, 6.25% plus up to 2% local in Texas, 7.25% and up in California. Florida waives it for nonresidents who buy through a registered dealer or broker and remove the plane within 10 days, and Texas exempts qualifying private-party sales. But the rule that decides most bills is simple: use tax follows where the aircraft is hangared — not where you bought it.
This is a reference page. The table below summarizes how representative states treat an aircraft purchase in 2026, followed by the four mechanics you need to understand — and the one myth (the LLC “trick”) that costs owners real money. Always confirm your specific situation against the state’s department of revenue — aircraft tax rules have hard deadlines and mandatory penalties.
The core rule: the hangar decides, not the bill of sale
Before the table, internalize this, because it explains almost every aircraft tax bill: where you buy the plane rarely controls the tax. Where you keep it does.
That single principle is why the popular schemes — buy in Montana, register through an out-of-state LLC — so often fail on audit. They change the paperwork, not the hangar.
Aircraft sales & use tax by state (2026)
Representative states and how each treats an aircraft purchase. Rates are the state base sales/use-tax rate; local surtaxes may add more. Verify the current rule and any conditions with the linked department of revenue before you close.
| State | State sales/use tax | Key aircraft treatment |
|---|---|---|
| Montana | None | No general sales tax. Aircraft purchase untaxed at the state level. Basing the plane elsewhere still triggers that state’s use tax. Montana LLC for an airplane. |
| New Hampshire | None | No general sales tax. No sales or use tax on aircraft purchases. |
| Oregon | None | No general sales tax. No sales or use tax on aircraft purchases. |
| Delaware | None | No general sales tax. No sales or use tax on aircraft purchases. Full Delaware guide. |
| Alaska | None (state) | No statewide sales tax. Some Alaska cities and boroughs levy their own sales tax; check locally. |
| Massachusetts | Exempt | Sales of aircraft, and their storage, use, or other consumption, are exempt from sales and use tax (M.G.L. c. 64H § 6(vv); c. 64I § 7(e)). |
| Rhode Island | Exempt | New and used aircraft and aircraft parts are exempt from sales and use tax (R.I. Gen. Laws § 44-18-30(56)). |
| Maine | Exempt through June 30, 2033 | Sales, use, and leases of aircraft are exempt from July 1, 2011 through June 30, 2033 (36 M.R.S. § 1760(88-A)). One wrinkle: the casual-sale statute (§ 1764) still names aircraft among taxable private-party sales, though Maine Revenue Services’ casual-sale bulletin doesn’t list them — confirm a private-party purchase with MRS. |
| North Carolina | 4.75%, max $2,500 | Capped at $2,500 per aircraft, and aircraft aren’t subject to local or transit sales tax (NCDOR). |
| South Carolina | 5%, max $500 | Maximum tax of $500 per aircraft; local sales taxes don’t apply to max-tax items (SCDOR; S.C. Code § 12-36-2110). |
| Florida | 6% | Fly-away exemption: nonresident buying by or through a registered FL dealer/broker may take delivery tax-free if the aircraft leaves within 10 days (or within 20 days after completion of repairs/alterations), with affidavit and out-of-state proof — see s. 212.05(1)(a)2., Florida Statutes. Private-party sales owe use tax. Full Florida guide. |
| Texas | 6.25% | Occasional-sale exemption: a buyer who doesn’t hold, and isn’t required to hold, a Texas sales-tax permit can buy tax-free from a seller who isn’t in the business of selling taxable items (Form 01-917). Fly-away: no tax on an aircraft used and registered in another state before any Texas use (Form 01-907, sent by the seller within 30 days of the sale), plus flight-school, agricultural, and certificated-carrier exemptions. Local tax of up to 2% applies on top. See the Texas Comptroller’s aircraft tax guidance (94-168). Full Texas guide. |
| Arizona | 5.6% (TPT) | Transaction privilege tax on the seller’s retail activity, which excludes casual sales (A.R.S. § 42-5001). Arizona use tax reaches only property bought from a retailer (§ 42-5155), so a genuine private-party purchase is generally untaxed, while a plane bought from an out-of-state dealer and based in AZ owes use tax. AZ-based aircraft must register with ADOT within 60 days and renew annually; ADOT won’t register until any use tax is paid (§ 28-8322). Full Arizona guide. |
| California | 7.25%+ (use tax) | Use tax with a 12-month test: an aircraft bought and first functionally used outside CA and brought in more than 12 months after purchase is generally exempt. Brought in sooner, it’s presumed purchased for CA use (and taxable) if the buyer is a CA resident (an LLC counts when Californians hold 50%+ of its membership interests — or, since Sept. 30, 2026, when it’s a tax-evading “shell” with any California member or beneficial owner: R&TC 6248), it’s subject to CA property tax in its first 12 months, or a nonresident buyer keeps it in CA more than half that year; the presumption can be rebutted with documentary evidence (CDTFA 12-month test FAQ). The CDTFA says it locates and investigates aircraft sales on which tax wasn’t reported — see its Aircraft and California Tax (Publication 79A). Full California guide. |
| New York | Exempt | General-aviation aircraft, and machinery/equipment installed on them, are exempt from state and local sales and use tax (effective Sept. 1, 2015), per TSB-M-15(3)S. Confirm your aircraft meets the “general aviation” definition. Full New York guide. |
| Washington | 6.5% + local (use tax); flat annual excise | Use tax applies to aircraft based in WA, including private-party and out-of-state purchases; nonresidents may use an aircraft in the state up to 90 days in any continuous 12-month period. The 10% luxury tax on noncommercial aircraft over $500,000 that was slated for April 1, 2026 was repealed before it took effect (2026 c 255 § 408; see the RCW 82.48A dispositions). The flat annual aircraft excise tax, paid in lieu of property tax, runs $20–$125 by aircraft class through 2026 and rises to $120–$1,220 on January 1, 2027 (RCW 82.48.030; commuter air carriers pay more). Full Washington guide. |
| Virginia | 2% (aircraft sales & use tax) | A separate aircraft sales and use tax of 2% of the purchase price; individual buyers file Form AST-3 before the Department of Aviation licenses the plane. No tax if the aircraft leaves Virginia within 60 days of purchase, but storing it in Virginia for more than 90 days in a calendar year makes it taxable (Virginia Tax). |
| Connecticut | 6.35%; exempt at 6,000 lb+ | Aircraft with a maximum certificated takeoff weight of 6,000 lb or more are exempt from sales and use tax (CGS § 12-412(99)); lighter aircraft pay the general 6.35% rate. |
Values above are for orientation, not filing. Rates and exemption conditions change, and several states layer local surtaxes or separate registration fees on top — the linked state sources are authoritative.
Fly-away exemptions: Florida’s 10 days, Virginia’s 60
A fly-away exemption lets a buyer take delivery in a state without paying its sales tax, on the condition that the aircraft is removed within a set window (or never used there) and based elsewhere. Florida’s clock is 10 days (20 days after completion of repairs or alterations); Virginia’s is 60 days, and Texas has no removal clock at all — the plane must be used and registered in another state before any Texas use, and if it returns within the first year, more than half its departures that year must be from outside Texas. Florida’s version carries the heaviest paperwork: a signed affidavit at closing, then follow-up proof — out-of-state fuel and hangar invoices tied to the N-number, and evidence the aircraft was registered outside Florida. Texas’s runs on Form 01-907, signed by buyer and seller and sent to the Comptroller by the seller within 30 days of the sale.
Private-party sales: tax-free in Texas and Arizona, taxed in Florida
Some states exempt a casual or occasional sale — a sale by someone who isn’t in the business of selling aircraft. Where it applies, buying from a private individual rather than a dealer can drop the sales-tax portion of the deal. Arizona’s transaction privilege tax, for example, is a tax on the seller’s retail activity, so a genuine private-party sale generally falls outside it.
Use tax follows the hangar — and each state’s timing test
This is the rule that catches people. Use tax is owed by the state where the aircraft is primarily hangared and flown, regardless of where the sale closed. Buy tax-free anywhere you like; if the plane is then based at a hangar in a use-tax state, that state’s rate generally applies to the purchase price, less credit for like tax already paid elsewhere — subject to each state’s timing test (California presumes a plane brought in within 12 months of purchase was bought for use there if, among other triggers, the buyer is a California resident — a test that can reach the buyer’s LLC; Texas doesn’t tax one predominantly used outside Texas for its first year; Florida presumes property used elsewhere 6 months or longer wasn’t bought for Florida use).
States establish the “primary base” from real evidence: your FAA registration address, the hangar or tie-down lease, fuel purchase patterns, maintenance records, and flight logs. Two representative “how soon is too soon” tests:
- California
- 12-month test
- brought in later than 12 months after purchase: generally exempt
- Florida
- 20 days / 6 months
- nonresident-owned plane: use-tax exempt if in FL no more than 20 days in the 6 months after purchase
The specifics differ by state; the principle is uniform: the hangar decides. See the CDTFA’s 12-month test FAQ for how California applies the test.
The nine $0-tax states for aircraft
Five states impose no general sales or use tax, so an aircraft purchase is untaxed at the state level: Montana, New Hampshire, Oregon, Delaware, and Alaska (Alaska has no statewide tax, though some cities and boroughs levy their own). This is real, and it’s why Montana in particular shows up in aircraft-ownership marketing.
Four more states reach $0 by exemption: Massachusetts exempts the sale and use of aircraft (M.G.L. c. 64H § 6(vv); c. 64I § 7(e)), Rhode Island exempts any new or used aircraft (R.I. Gen. Laws § 44-18-30(56)), Maine exempts aircraft sales, use, and leases through June 30, 2033 (36 M.R.S. § 1760(88-A) — confirm a private-party purchase with Maine Revenue Services, since the casual-sale statute still names aircraft), and New York exempts general-aviation aircraft (TSB-M-15(3)S). Just short of zero: Connecticut exempts aircraft of 6,000 lb or more, and North Carolina and South Carolina cap the tax at $2,500 and $500.
The Montana LLC myth: it does not avoid use tax
Owners are told to hold the plane in an out-of-state LLC — often Montana or Wyoming — to escape sales and use tax. It doesn’t work as a tax play, and it’s worth being blunt about why.
An LLC changes who owns the aircraft on the FAA registry and gives you a liability shield and a clean ownership structure for co-owners. Those are real benefits. But an LLC does not move the hangar, and use tax follows the hangar. A Montana LLC that owns a plane based in San Diego still owes California use tax; states look straight through the entity to the aircraft’s actual base and the residency of the people controlling it. California has written that into law: for its 12-month test, an LLC is a California resident when Californians hold 50% or more of its membership interests, and since September 30, 2026 a “shell company” — an LLC used to evade the tax — is one if any member or beneficial owner is, with its officers, managers, and members personally liable for the unpaid tax, interest, and penalties (R&TC 6248, 6829.5). Fly-away and casual-sale exemptions apply to the transaction, not to the entity — an LLC doesn’t unlock either one.
Use an LLC for the reasons it actually delivers: separating aircraft liability from your other assets, keeping your name out of the public N-number lookup, and giving co-owners an operating agreement instead of a handshake. Just don’t buy it as a sales-tax shelter — that’s the Montana-LLC trap that gets owners audited. The other aircraft-LLC trap has nothing to do with tax: if the LLC’s only business is the plane and members pay anything toward flights, the FAA can treat it as an uncertificated charter operator under 14 CFR Part 119 — the flight department company problem, which needs aviation counsel before anyone boards.
Where FilingDesk fits
The tax side of aircraft ownership — the fly-away clock, the use-tax return, the state registration — stays with you and your aviation CPA or attorney, and it should. What we do is the entity: form the LLC that will hold the aircraft. Describe the holding company in plain English, and we run the name check, prepare and file the formation documents — a human specialist reviews every filing before it goes to the state — then handle your EIN and generate an operating agreement your aviation counsel can build on. One flat $99 plus the state’s filing fee, passed through at cost, with a 60-day money-back guarantee. Live for filing today: Wyoming ($199 all-in), Delaware ($209), and Florida ($224). FAA registration, state aircraft registration, and the sales/use-tax math stay with you and your aviation pros — the entity is the part we make painless.
Ready? Start your aircraft LLC.
Frequently asked questions
Which states have no sales tax on aircraft?
What is an aircraft fly-away exemption?
Does the state where I buy the aircraft decide the tax?
What is a casual or occasional sale exemption for aircraft?
Does putting the aircraft in an LLC avoid use tax?
How much is use tax on an aircraft?
What happens if I miss a fly-away exemption deadline?
Sources
- Section 212.05, Florida Statutes (aircraft fly-away exemption for nonresident purchasers, s. 212.05(1)(a)2.)
- California Department of Tax and Fee Administration — Aircraft and California Tax (Publication 79A)
- California Department of Tax and Fee Administration — 12-Month Test FAQ (Revenue and Taxation Code § 6248)
- Revenue and Taxation Code section 6248 (as amended by SB 1406, Stats. 2026, ch. 1036, effective September 30, 2026)
- Revenue and Taxation Code section 6829.5 (shell-company personal liability, added by SB 1406)
- Texas Comptroller — Aircraft and the Texas Sales and Use Tax (94-168)
- Arizona Department of Revenue — Transaction Privilege Tax (TPT)
- Arizona Revised Statutes § 42-5155 — use tax on property purchased from a retailer
- Arizona Revised Statutes § 28-8322 — aircraft registration within 60 days
- Washington Department of Revenue — Aircraft excise tax
- Revised Code of Washington ch. 82.48A dispositions — luxury aircraft tax repealed by 2026 c 255 § 408
- RCW 82.48.030 — Washington aircraft excise tax amounts (current schedule and the schedule effective January 1, 2027)
- New York Department of Taxation and Finance — TSB-M-15(3)S, Sales and Use Tax Exemption for General Aviation Aircraft
- Massachusetts General Laws c. 64H § 6(vv) — sales of aircraft exempt
- Massachusetts General Laws c. 64I § 7(e) — storage, use or other consumption of aircraft exempt
- Rhode Island General Laws § 44-18-30(56) — aircraft and aircraft parts exempt from sales and use tax
- Maine Revised Statutes, 36 M.R.S. § 1760(88-A) — aircraft sales, use and leases exempt through June 30, 2033
- Maine Revised Statutes, 36 M.R.S. § 1764 — tax on casual sales
- Maine Revenue Services — Instructional Bulletin No. 9, Casual and Infrequent Sales (rev. Oct. 15, 2015)
- Connecticut General Statutes § 12-412(99) — aircraft of 6,000 lb or more exempt (chapter 219)
- North Carolina Department of Revenue — Aircraft and qualified jet engines ($2,500 maximum tax)
- South Carolina Department of Revenue — Maximum Tax (Max Tax), S.C. Code § 12-36-2110
- Virginia Tax — Aircraft and watercraft (2% aircraft sales and use tax, 60-day removal)
This guide is general information, not legal advice. FilingDesk is not a law firm.