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California SB 1406: what the end of the Montana LLC car loophole means for you

If you live in California, registering a car to a Montana LLC no longer keeps California's use tax away. SB 1406, in effect since September 30, 2026, treats a shell company as a California resident if any owner lives here, and makes its owners and managers personally liable for the unpaid tax.

The short answer

California's SB 1406 (Chapter 1036, Statutes of 2026) was signed and took effect on September 30, 2026. If a California resident owns any part of an out-of-state "shell company" that buys a car, the car is now presumed to be bought for use in California, so California use tax is due. The company's officers, managers, partners, members and beneficial owners can be personally liable for that tax, plus interest and penalties. The same rules cover boats and aircraft.

What the Montana license plate loophole was

Montana has no statewide sales tax. The scheme: a Californian sets up a Montana LLC, the LLC buys an expensive car and registers it in Montana, and the car is driven in California on Montana plates. That skips California's use tax and its yearly value-based registration fees.

It was never really legal. California already presumed that a vehicle brought into the state within 12 months of purchase was bought for use here, and it already treated a closely held company as a California resident if California residents held 50% or more of it. The problem was enforcement: proving who stood behind the company. According to the bill's author, the California Department of Tax and Fee Administration (CDTFA) counts at least 2,500 such vehicle sales involving Californians since 2023 and estimates about $20 million a year in lost revenue.

What SB 1406 changed

When it took effect

Governor Newsom signed SB 1406 on September 30, 2026, and the Secretary of State filed it the same day. As a tax levy it took effect immediately. It passed the Senate 31–8 on May 19, 2026 and the Assembly 59–19 on August 26, 2026.

Is there a grandfather clause? We found none. The Legislative Counsel's Digest, which lists everything the bill changes, mentions no transition date, and the bill's own text sets none for the new shell-company rules. If you already own a car through an out-of-state LLC, don't assume you are exempt; talk to a California tax professional or CDTFA.

What it would cost: use tax on a typical purchase

Use tax is charged at the sales tax rate where the car is registered in California: at least 7.25%, and up to 11.75% in some cities on CDTFA's list effective October 1, 2026.

Worked example: a $200,000 car bought through a Montana LLC

Use tax at the 7.25% statewide base rate (0.0725 × $200,000)$14,500.00
Use tax at 11.75% (Lancaster or Palmdale) (0.1175 × $200,000)$23,500.00

Interest and penalties come on top when the tax is paid late, and California registration fees still apply, including the Vehicle License Fee of 0.65% of value ($1,300 on $200,000). See our California registration fee guide or run the California calculator.

Is any legitimate use left?

Yes. The law targets companies used to avoid the tax, not real businesses or real non-residents:

What this guide doesn't cover

We don't cover Montana's own rules, criminal penalties, or the rules for boats and aircraft in detail. CDTFA had not published SB 1406 guidance on its vehicle tax guide page when we checked; we'll add it when it does.

Frequently asked questions

Can I still register a car in Montana through an LLC if I live in California?

You can form the LLC, but if it is a shell company and you or any other owner lives in California, a car it buys and brings into California within 12 months is presumed subject to California use tax, and the owners can be personally liable for it.

Is SB 1406 a Montana law?

No. It is a California law. It changes California's Sales and Use Tax Law; it doesn't change anything in Montana.

Does it apply to RVs, boats and planes?

The rules cover vehicles, vessels and aircraft. For vessels and aircraft, the 12-month presumption also applies when they were subject to California property tax during the first 12 months.

Who pays if the company doesn't?

Any officer, manager, partner, beneficial owner or member of the shell company can be held personally liable for the unpaid use tax, interest and penalties.

Run the numbers

Official sources · Last checked October 13, 2026

General information, not tax or legal advice. Fees and tax rules change; confirm with the agency listed before you pay.