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Florida Residency Not Florida Landing Creates Use Taxability
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. Take for example this paragraph... "Aircraft dealers and brokers must register with DOR to collect and remit sales tax prior to beginning business in this state. Most aircraft sellers must also register to collect and remit solid waste fees on sales of new tires and sales of new lead-acid batteries. You can register online; go to the Department's Internet site at www.myflorida.com/dor and click on e-Services. If you do not have Internet access, you can complete a paper Application to Collect and/or Report Tax in Florida (Form DR-1)." If you take that word for word it would make it look like an Arkansas broker or dealer would be in violation of Florida law if he doesn't register there even if the dealer had no business in FL. |
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