If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#11
|
|||
|
|||
Just Bought A Plane? STAY OUT OF FLORIDA !
"Peter Clark" wrote in message ... SNIP Mr Cheung reports that, "I can say unequivocally that Florida Department of Revenue has assessed 6% use tax to a NON-FLORIDA resident, visiting Florida for SIMCOM training shortly after purchase the aircraft." Cheung substantiated the statement with the "...facts of this assessment." North Carolina resident purchased a plane in North Carolina This North Carolina taxpayer brought his plane into Florida for SIMCOM training This NC taxpayer does not own a business in Florida, does not own real estate in Florida and he is not an officer in a Florida corporation FL DOR located his aircraft on a ramp check and issued an assessment based on Florida Admin. Code Rule 12A-1.007(2)(a) The taxpayer PAID the FL use tax plus interest and penalty. A refund has not been issued as of last week " SNIP So, I can see where FL DOR is getting off on billing people with the presumption that it was spotted in the state 6mo or less after purchase on the bill of sale. Kind of like Maine was (is?) not too long ago. Maybe that's where the DOR honchos said "Hey, let's start doing some ramp checks, this looks like easy money." Pretty crappy thing to do if you're there for training but that's why people are fighting it. I guess the only defense would be to provide six months of tiedown bills from another state covering the first six months of time after purchase? I know Daniel Cheung personally, and he is a straight shooter. The facts are as stated. The ONLY reason the Meridian owner was charged with the tax was that he had it at a Florida airport for a few days while he was there for training. He didn't buy the plane in Florida, was never a Florida resident, and didn't have any business interests in Florida. The way the Florida tax law is currently written, it is all perfectly legal. The only exception: you are exempt if the airplane is in Florida for service. Showing proof that the airplane is kept in another state is immaterial. The Meridian owner spent $10,000 in legal fees fighting this before giving up and paying the tax. Whatever Campbell's beef with SNF, his basic facts are correct. The Florida Dept. of Revenue believes it has the right to collect use tax on out-of-state planes, and has done so in the past. Now, I doubt that even those idiots would be foolish enough to try it at SNF, and they may well have assured SNF management that they will not do so, but the fact remains that their law gives them the right to collect. By the way, this does not apply just to new airplanes. It applies to ANY airplane, new or used, purchased in the prior six months. The Florida government is aware of this issue, and I suspect they are a bit embarassed by the bad publicity. A Florida legislator is working on a bill that would make the tax apply only to Florida residents. -Mike |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Just Bought A Plane? STAY OUT OF FLORIDA ! | WJRFlyBoy | Piloting | 156 | April 15th 08 12:52 PM |
Just Bought A Plane? STAY OUT OF FLORIDA ! | WJRFlyBoy | Owning | 157 | April 15th 08 12:52 PM |
Bought my first plane:-D | EridanMan | Owning | 8 | May 16th 06 08:22 PM |
bought the plane today | houstondan | Owning | 30 | April 30th 06 06:34 AM |
I just bought my 1st Plane...Thanks to the newsgroup! | WinstonCup | Owning | 24 | February 10th 04 11:46 PM |