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Old April 2nd 08, 11:14 PM posted to rec.aviation.owning,rec.aviation.piloting,rec.aviation.homebuilt
WJRFlyBoy
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Posts: 531
Default Florida Residency Not Florida Landing Creates Use Taxability

On Wed, 02 Apr 2008 14:37:39 -0500, Gig 601Xl Builder wrote:

WJRFlyBoy wrote:
On Wed, 02 Apr 2008 08:17:16 -0500, Gig 601Xl Builder wrote:

There is no true example of say a pilot from Arkansas purchasing a plane
in FL or Arkansas and then that pilot taking a vacation to FL and
getting taxed.


According to FDOR, they have and will continue to do just that.

FYI, you don't have to bring the aircraft to FL either.

http://dor.myflorida.com/dor/taxes/s...ft_dealer.html

Under most conditions, use tax is due on aircraft brought into Florida
within 6 months from the date of purchase. *However, use tax may be
immediately due if any of the following conditions are met:*

* The aircraft is owned by a Florida resident.
* The aircraft is owned by a corporation and used by a corporate
officer or director who is a Florida resident.
* The aircraft is owned by a corporate entity that has an individual
vested with authority to participate in the management, direction, or
control of the entity's affairs who is a resident of or makes his or her
permanent residence in this state.
* The aircraft is owned by a person, corporation, limited liability
company, partnership, joint adventure, association, syndicate, business
trust, trust, estate, or other form of artificial entity that is not
engaged in Florida in any employment, trade, business, or profession in
which the aircraft will be used.


I think here is the problem. The you are looking at is a page designed
for Florida aircraft brokers and dealers and is written in such a way as
to assume that that is who is reading it


Gig, I am aware of what pages I am reading, I have a notebook of printed
material as a reference. On top of that, I am purchasing a personal and
a business plane, will be attending SnF as it is "up the street" from
me. I have a lot at stake and being wrong isn't a financial option.

Bottom line: aviation accounting and counsel, FDOR, AOPA and EAA have
all expressed the same thing. The jeopardy is there, it is real and the
chances of enforcement are higher than ever.

That's it.