What is the ATF 5320.5 Application for Tax Exempt Transfer and Registration of Firearm?
What is the ATF 5320.5 Application for Tax Exempt Transfer and Registration of Firearm?
ATF Form Name: ATF 5320.5 Application for Tax Exempt Transfer and Registration of Firearm
Commonly Referred to as: ATF Form 5
Purpose of ATF 5320.5: The ATF 5320.5 form is used to apply for a tax exempt tax stamp or a tax exempt transfer of a National Firearms Act [NFA] Firearm. NFA Firearms that are registered using this form are already manufactured NFA Firearms. There are four options to register for a tax exempt tax stamp for a NFA Firearm.
Tax Stamp Cost: $0.00 - this form is a tax exempt form, but you must fall within the tax exempt regulations and guidelines.
ATF Form Walk-Through Guide: ATF 5320.5 Walk-Through Guide
Other Forms Required:
Individual Filing - None.
NFA Gun Trust and Legal Entity Filing require ATF 5320.23 Responsible Persons Questionnaire.
Personal Information Required:
Individual Filing - 2-FD-258 Fingerprint Cards and two passport photos. Personal questions are answered on the ATF 5320.4.
NFA Gun Trust and Legal Entity Filing require 2- FD-258 Fingerprint Cards and one passport photo. Personal questions are answered on the ATF 5320.23 Responsible Persons Questionnaire.
NFA Firearms that are used in the ATF 5320.5 Form:
Short-Barreled Rifles - SBR, Short-Barreled Shotgun - SBS, Silencers, Machine Gun, Destructive Device and Any Other Weapons (AOW's).
NFA Accepted Reasons to use ATF 5320.5 Form to apply for a Tax Exempt Transfer and Registration:
You must first acknowledge this statement:
I believe that I am entitled to exemption from the payment of the Transfer Tax Imposed by section 5811 (26 U.S.C. Chapter 53) on the Firearm described herein for the following reason (See Instruction 2b). After that the 4 reasons that you can apply for a Tax Exempt Transfer and Registration of a [NFA] Firearm are:
- Firearm is unserviceable and is being transferred as a curio or ornament.
- Firearm is being transferred to or from a Government Entity.
- Firearm is being transferred to a lawful heir or by operation of law.
- Other (Specify)
We have a ATF Form 5 - ATF 5320.5 walk-through guide that will aid you in filling out this form, if this form applies to your situation. We also, offer ATF Form 5 - ATF 5320.5 consultation and review services. This is to be used in conjunction with our NFA Gun Trusts or our walk-through guides.
Information located within this article is current as of July, 2018. Information located within this article is an original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts.
Other NFA Gun Trust and ATF Related Blog Posts
With the .EFT File Service, do you still need to pay the UPS Store?
When ordering the .EFT File Service, we will schedule your appointment to visit a UPS Store or fingerprinting location to complete the scanning of your fingerprints for the .EFT File. When you att...
How to Locate FFL Inventory on ATF eForms
If you are an FFL, all of your current inventory can be referenced under your ATF eForms account. Step 1: To check your FFL inventory, you can simply login to your ATF eForms account. Once logged...
When is an Amendment to the Gun Trust considered to Executed?
Amendments can be used to change the parties involved within the gun trust, changing the governing law, and other changes that need to be made to the trust. But when is the amendment executed? Th...