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zodierocket(at)hsfx.ca
Guest

Posted: Sun Mar 23, 2008 8:17 pm Post subject: NOTAM : FLORIDA in a New Plane

True or Not I cannot confirm as I do not have first hand knowledge, but be VERY concerned !!!  

   

Folks I do not know much about this issue other then what is written below, but be advised this will also carry to your homebuilt and LSA from a call I had heard. SO if your aircraft is less then 1 yr old be cautious of crossing the Florida state line. This may be a hoax, but I have been told that one plane has been confirmed in owing payment from a respected source.  

   

Mark Townsend  

Can-Zac Aviation Ltd.  

president(at)can-zacaviation.com (president(at)can-zacaviation.com)  

www.can-zacaviation.com   

   

   

   

Should New Aircraft Owners 'Avoid Florida?'   Welcome To The Sunshine State... NOT  

[/url][url=http://www.aero-news.net/EmailArticle.cfm?ContentBlockID=b8527739-b125-4922-a224-cf789ea94039#d#d]It appears Florida's tax personnel are targeting new airplane owners in ways that do not exactly make them feel welcome to the state.  

Over the course of the last few weeks, ANN has learned of a number of issues that have arisen when owners of new aircraft, generally within the first six months of the sale, have been targeted for "use tax" by agents of the state's Department of Revenue... despite the fact that the targeted aircraft were not owned or operated by state residents.  

It starts like this... you buy a new or used aircraft and sign the bill of sale... which starts "the clock." It is Florida's position that for the next six months (possibly thereafter, though the burden of proof reportedly changes at that point), the state has the right to exact the requisite "Use Tax" (Sales Tax) for the fact you partook of the state's services unless you can show an equivalent Use or Sales Tax receipt from another state...  

In other words, for those of you who may have bought a $500K Cessna, Cirrus, Columbia, etc... unless you can prove that you paid the equivalent use tax in another state, you owe the state of Florida some $30K if you visited the state in the first six months of your ownership. Mind you, if your sales/use tax bill comes from a state that exacts LESS tax than Florida, the FL Department of Revenue still expects you to pony up the difference... and if you're from a state that exacts a minimum fee (like the few hundred dollars for owners in South Carolina), they will bill you for the WHOLE difference... and its up to you to fight them on it. No kidding.  

It makes NO difference to the state if you have any property in Florida, or whether you bought the airplane there, or if you have ANY business interests whatsoever in the state... If Florida catches you here and if they can find a way to stick you with a tax bill, they will.  

According to the Florida Tax Code, "There shall be a presumption that any aircraft, boat, mobile home, motor vehicle, or other vehicle purchased in another state, territory of the United States, or the District of Columbia but titled, registered, or licensed in this state is taxable except as otherwise provided in subsection (26) of this rule. This presumption may be rebutted only by documentary evidence that the person owning the aircraft, boat, mobile home, or motor vehicle purchased the aircraft, boat, mobile home, or motor vehicle in another state, territory of the United States, or the District of Columbia six (6) months or more prior to the time it is brought into this state. In order for such property to be presumed exempt as purchased for use outside Florida, the person owning the aircraft, boat, mobile home, motor vehicle, or other vehicle must provide documentary proof that such property was used in other states, territories of the United States, or the District of Columbia for six months or longer under conditions which would lawfully give rise to the taxing jurisdiction of another state, territory, or District of Columbia and any lawfully imposed tax was paid to such state, territory, or District of Columbia before being imported into this state. However, the rental or lease of any aircraft, boat, mobile home, or motor vehicle which is used or stored in this state is taxable without regard to its prior use or tax paid on the purchase outside this state."  

Why? Because they can. The very liberal Florida tax code allows them to tax aircraft if they operate at any time during the first six months of a purchase in the state... and according to some interpretations, there may be some legal justification for Florida to tax you if you so much as fly OVER the state.  

This problem has been known for a while but recent ramp checks by FL DOR personnel have apparently stepped up, and snagged at least one Cirrus owner and a Meridian owner who came back to Florida to undertake flight training in his new airplane. The Cirrus owner is on the hook for some $30K in additional taxes... the Meridian owner -- well over $100K.  

Welcome to Florida, folks, please remove the knife from your back as you cross back over the state lines...  

[/url][url=http://www.aero-news.net/EmailArticle.cfm?ContentBlockID=b8527739-b125-4922-a224-cf789ea94039#d#d]A spokesperson for the FL DOR, Rene Watters, is unapologetic for the issue, telling ANN that they are simply doing their jobs and that if anyone has a problem with that, to "take it up with the legislature." This matter, of course, can be appealed through the courts... but this route necessitates expensive and time consuming litigation, via the use of a trained tax attorney... and you may still lose, after all. Catch 22.  

Other DOR staffers opine that aircraft owners have it particularly hard, since they admit that RVs and boats get a somewhat more permissive treatment from them, "...Probably due to better lobbying on the part of their industry reps."  

Regardless; it's spooking a number of aircraft owners... we spoke with an avionics shop in Northern Florida that lost some business due to the concern expressed by an aircraft owner over bringing his airplane into the state shortly after he bought it, and Piper is reportedly NOT pleased about the Meridian tax bill noted above... especially at a time when the state is trying to con (uh, convince) Piper to locate the PiperJet facility within the state.  

We have a feeling that Piper CEO Jim Bass may have a few things to say, as a result of these recent events, since anyone taking delivery at a Florida Piper plant may find themselves with a tax bill, even if they leave the state right away and never darken the state's borders again.  

In the meantime, the recent escalation in DOR ramp inspections is getting aggressive attention from the aviation business community  -- and we expect to get some feedback on the matter shortly... we'll update you as to what occurs.  

   

Portions Copyright © 1999-2008 by Aero-News Network, Inc. All rights reserved.   

   

   

   

For more info please visit   

   

http://www.aero-news.net/index.cfm  

   

   

   

   

       [quote][b]

jmaynard

Joined: 27 Feb 2008
Posts: 394
Location: Fairmont, MN (FRM)

Posted: Sun Mar 23, 2008 8:40 pm Post subject: NOTAM : FLORIDA in a New Plane

On Sun, Mar 23, 2008 at 11:15:04PM -0500, ZodieRocket wrote:

 	  Quote: 	
		   True or Not I cannot confirm as I do not have first hand knowledge, but

 be VERY concerned !!!

  

 Folks I do not know much about this issue other then what is written

 below, but be advised this will also carry to your homebuilt and LSA

 from a call I had heard. SO if your aircraft is less then 1 yr old be

 cautious of crossing the Florida state line. This may be a hoax, but I

 have been told that one plane has been confirmed in owing payment from a

 respected source.


	


Those of you who know the history of the Aero News Network may be tempted to

write it off as ranting intended to get in the way of Sun n Fun. Don't. AOPA

is also reporting the issue, and I heard it first from AOPA president Phil

Boyer at a town meeting.

-- 

Jay Maynard, K5ZC                   http://www.conmicro.com

http://jmaynard.livejournal.com      http://www.tronguy.net

Fairmont, MN (FRM)                        (Yes, that's me!)

AMD Zodiac CH601XLi N55ZC (ordered 17 March, delivery 2 June)

_________________
Jay Maynard, K5ZC
AMD Zodiac XLi N55ZC

craig(at)craigandjean.com
Guest

Posted: Sun Mar 23, 2008 8:56 pm Post subject: NOTAM : FLORIDA in a New Plane

I can’t say if this is true about Florida. But Maine has been mentioned a lot in the aviation press recently for similar reasons:  

   

http://www.boston.com/news/local/articles/2007/12/30/plane_owners_stunned_by_out_of_state_taxes/  

   

http://www.aopa.org/whatsnew/newsitems/2007/070608me.html  

   

-- Craig  

   

       

From: owner-zenith-list-server(at)matronics.com [mailto:owner-zenith-list-server(at)matronics.com] On Behalf Of ZodieRocket

 Sent: Sunday, March 23, 2008 10:15 PM

 To: zenith-list(at)matronics.com

 Subject: NOTAM : FLORIDA in a New Plane  

  

  

   

True or Not I cannot confirm as I do not have first hand knowledge, but be VERY concerned !!!  

   

Folks I do not know much about this issue other then what is written below, but be advised this will also carry to your homebuilt and LSA from a call I had heard. SO if your aircraft is less then 1 yr old be cautious of crossing the Florida state line. This may be a hoax, but I have been told that one plane has been confirmed in owing payment from a respected source.  

   

Mark Townsend  

Can-Zac Aviation Ltd.  

president(at)can-zacaviation.com (president(at)can-zacaviation.com)  

www.can-zacaviation.com   

   

   

   

Should New Aircraft Owners 'Avoid Florida?'   Welcome To The Sunshine State... NOT  

It appears Florida's tax personnel are targeting new airplane owners in ways that do not exactly make them feel welcome to the state.  

Over the course of the last few weeks, ANN has learned of a number of issues that have arisen when owners of new aircraft, generally within the first six months of the sale, have been targeted for "use tax" by agents of the state's Department of Revenue... despite the fact that the targeted aircraft were not owned or operated by state residents.  

It starts like this... you buy a new or used aircraft and sign the bill of sale... which starts "the clock." It is Florida's position that for the next six months (possibly thereafter, though the burden of proof reportedly changes at that point), the state has the right to exact the requisite "Use Tax" (Sales Tax) for the fact you partook of the state's services unless you can show an equivalent Use or Sales Tax receipt from another state...  

In other words, for those of you who may have bought a $500K Cessna, Cirrus, Columbia, etc... unless you can prove that you paid the equivalent use tax in another state, you owe the state of Florida some $30K if you visited the state in the first six months of your ownership. Mind you, if your sales/use tax bill comes from a state that exacts LESS tax than Florida, the FL Department of Revenue still expects you to pony up the difference... and if you're from a state that exacts a minimum fee (like the few hundred dollars for owners in South Carolina), they will bill you for the WHOLE difference... and its up to you to fight them on it. No kidding.  

It makes NO difference to the state if you have any property in Florida, or whether you bought the airplane there, or if you have ANY business interests whatsoever in the state... If Florida catches you here and if they can find a way to stick you with a tax bill, they will.  

According to the Florida Tax Code, "There shall be a presumption that any aircraft, boat, mobile home, motor vehicle, or other vehicle purchased in another state, territory of the United States, or the District of Columbia but titled, registered, or licensed in this state is taxable except as otherwise provided in subsection (26) of this rule. This presumption may be rebutted only by documentary evidence that the person owning the aircraft, boat, mobile home, or motor vehicle purchased the aircraft, boat, mobile home, or motor vehicle in another state, territory of the United States, or the District of Columbia six (6) months or more prior to the time it is brought into this state. In order for such property to be presumed exempt as purchased for use outside Florida, the person owning the aircraft, boat, mobile home, motor vehicle, or other vehicle must provide documentary proof that such property was used in other states, territories of the United States, or the District of Columbia for six months or longer under conditions which would lawfully give rise to the taxing jurisdiction of another state, territory, or District of Columbia and any lawfully imposed tax was paid to such state, territory, or District of Columbia before being imported into this state. However, the rental or lease of any aircraft, boat, mobile home, or motor vehicle which is used or stored in this state is taxable without regard to its prior use or tax paid on the purchase outside this state."  

Why? Because they can. The very liberal Florida tax code allows them to tax aircraft if they operate at any time during the first six months of a purchase in the state... and according to some interpretations, there may be some legal justification for Florida to tax you if you so much as fly OVER the state.  

This problem has been known for a while but recent ramp checks by FL DOR personnel have apparently stepped up, and snagged at least one Cirrus owner and a Meridian owner who came back to Florida to undertake flight training in his new airplane. The Cirrus owner is on the hook for some $30K in additional taxes... the Meridian owner -- well over $100K.  

Welcome to Florida, folks, please remove the knife from your back as you cross back over the state lines...  

A spokesperson for the FL DOR, Rene Watters, is unapologetic for the issue, telling ANN that they are simply doing their jobs and that if anyone has a problem with that, to "take it up with the legislature." This matter, of course, can be appealed through the courts... but this route necessitates expensive and time consuming litigation, via the use of a trained tax attorney... and you may still lose, after all. Catch 22.  

Other DOR staffers opine that aircraft owners have it particularly hard, since they admit that RVs and boats get a somewhat more permissive treatment from them, "...Probably due to better lobbying on the part of their industry reps."  

Regardless; it's spooking a number of aircraft owners... we spoke with an avionics shop in Northern Florida that lost some business due to the concern expressed by an aircraft owner over bringing his airplane into the state shortly after he bought it, and Piper is reportedly NOT pleased about the Meridian tax bill noted above... especially at a time when the state is trying to con (uh, convince) Piper to locate the PiperJet facility within the state.  

We have a feeling that Piper CEO Jim Bass may have a few things to say, as a result of these recent events, since anyone taking delivery at a Florida Piper plant may find themselves with a tax bill, even if they leave the state right away and never darken the state's borders again.  

In the meantime, the recent escalation in DOR ramp inspections is getting aggressive attention from the aviation business community  -- and we expect to get some feedback on the matter shortly... we'll update you as to what occurs.  

   

Portions Copyright © 1999-2008 by Aero-News Network, Inc. All rights reserved.   

   

   

   

For more info please visit   

   

http://www.aero-news.net/index.cfm  

   

   

   

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       [quote][b]

craig(at)craigandjean.com
Guest

Posted: Sun Mar 23, 2008 9:14 pm Post subject: NOTAM : FLORIDA in a New Plane

Google found this on EAA's site but it has since disappeared. I wonder if it

was retracted:



Sun 'n Fun Calls Reports of Florida Use Tax Inaccurate



March 21, 2008 - Recent reports of "use taxes" being levied on airplanes

owned by non-resident visitors to Florida are not accurate, according to

officials at Sun 'n Fun Fly-In at Lakeland, Florida, whose annual aviation

season kick-off takes place the week of April 8-13. Sun 'n Fun has fielded

numerous calls from concerned pilots and exhibitors worried about the report

and is looking to alleviate those concerns.



"I've talked with the General Counsel of the Florida Department of Revenue

and he assured me that, number 1, there will not be state tax agents doing

ramp checks, and that out-of-state pilots have nothing to fear," said John

Burton, Sun 'n Fun president. The Florida DoR informed Burton that the tax

affects only those owners who have purchased their airplane in another state

(outside Florida) within the past six months, but who have the aircraft

titled and registered in Florida and have not paid Florida sales tax on that

airplane.



Sun 'n Fun received correspondence from Florida Department of Revenue

Executive Director Lisa Echeverri dated March 19, 2008, that includes the

statement: "Florida does not assess a use tax on non-resident aircraft

owners in every circumstance where an aircraft is brought to Florida within

the first six months."



"It does not impact Sun 'n Fun exhibitors and aircraft dealers; it does not

impact aircraft owners who have owned their aircraft for more than six

months," Burton said. "The idea of having somebody who has purchased an

airplane out of state and is not a resident of FL, getting charged a use tax

here is absolutely ludicrous. 



"It's a classic case of much ado about nothing." 



Pat Phillips, a member of the EAA Legal Advisory Council as well as Sun 'n

Fun air show chairman and a fly-in director, is familiar with the situation.

"If somebody goes out of state and buys an airplane in a state that charges

no sales tax and brings it to Florida, and the airplane is based in Florida,

the buyer lives in Florida, and is using the airplane in Florida, yes, he

would owe a 6 percent use tax," he said.



"Now, if a transient aircraft comes into Florida from a state where they

have not paid sales tax on the aircraft or are just visiting here, they

would have no obligation to pay a use tax in the state of Florida just for

using their airplane while visiting in the state," he said. "And I believe

constitutionally that would be in conflict with the commerce laws of the

U.S."



Phillips added, "If a person, willingly or innocently, avoids sales tax by

buying out of state but bases his aircraft in Florida and lives in the

state, then the use tax obligation may apply. But for a person who simply

flies down to Florida but lives in another state, he will not be assessed a

tax. It's preposterous to even think the state would impose a sales tax."



When EAA's Government Affairs department learned about the Florida use tax

story, it responded immediately by contacting its Legal Advisory Council,

which worked with Sun 'n Fun management to get official clarification from

the Florida Department of Revenue. 



"This is a good example of how our staff, working with the council, was able

to get to the bottom of this story and help clarify this situation," said

Earl Lawrence, EAA vice president of industry and regulatory affairs.

"Hopefully this will put to rest the concerns of non-Florida residents who

intend to fly into the state for Sun 'n Fun, or any time, for that matter." 



-- Craig

n801bh(at)netzero.com
Guest

Posted: Mon Mar 24, 2008 5:40 am Post subject: NOTAM : FLORIDA in a New Plane

The devil is in the details... Fla tax code reads.. If you are from out of state and come to Fla for vacation only, then there will be no tax imposed. If you bring a plane to Fla for the purpose of doing business in Fla you WILL be charged tax. Even if you are here for only a second... Now take that and multiply it by hundreds of show, demo and other planes that are going to be displayed at S&F for the purpose of business. The promoter claims the tax man will not be  there ramp checking out of state planes. He cannot make such statements unless there is a emergengy injuction allowing for that specific issue. The Fla tax guys can and probably will be at S&F legally and my gut feeling is someone is going to pay the piper.... 

do not archive

Ben Haas

N801BH

www.haaspowerair.com



-- "Craig Payne" <craig(at)craigandjean.com> wrote:

--> Zenith-List message posted by: "Craig Payne" <craig(at)craigandjean.com>



Google found this on EAA's site but it has since disappeared. I wonder if it

was retracted:



Sun 'n Fun Calls Reports of Florida Use Tax Inaccurate



March 21, 2008 - Recent reports of "use taxes" being levied on airplanes

owned by non-resident visitors to Florida are not accurate, according to

officials at Sun 'n Fun Fly-In at Lakeland, Florida, whose annual aviation

season kick-off takes place the week of April 8-13. Sun 'n Fun has fielded

numerous calls from concerned pilots and exhibitors worried about the report

and is looking to alleviate those concerns.



"I've talked with the General Counsel of the Florida Department of Revenue

and he assured me that, number 1, there will not be state tax agents doing

ramp checks, and that out-of-state pilots have nothing to fear," said John

Burton, Sun 'n Fun president. The Florida DoR informed Burton that the tax

affects only those owners who have purchased their airplane in another state

(outside Florida) within the past six months, but who have the aircraft

titled and registered in Florida and have not paid Florida sales tax on that

airplane.



Sun 'n Fun received correspondence from Florida Department of Revenue

Executive Director Lisa Echeverri dated March 19, 2008, that includes the

statement: "Florida does not assess a use tax on non-resident aircraft

owners in every circumstance where an aircraft is brought to Florida within

the first six months."



"It does not impact Sun 'n Fun exhibitors and aircraft dealers; it does not

impact aircraft owners who have owned their aircraft for more than six

months," Burton said. "The idea of having somebody who has purchased an

airplane out of state and is not a resident of FL, getting charged a use tax

here is absolutely ludicrous. 



"It's a classic case of much ado about nothing." 



Pat Phillips, a member of the EAA Legal Advisory Council as well as Sun 'n

Fun air show chairman and a fly-in director, is familiar with the situation.

"If somebody goes out of state and buys an airplane in a state that charges

no sales tax and brings it to Florida, and the airplane is based in Florida,

the buyer lives in Florida, and is using the airplane in Florida, yes, he

would owe a 6 percent use tax," he said.



"Now, if a transient aircraft comes into Florida from a state where they

have not paid sales tax on the aircraft or are just visiting here, they

would have no obligation to pay a use tax in the state of Florida just for

using their airplane while visiting in the state," he said. "And I believe

constitutionally that would be in conflict with the commerce laws of the

U.S."



Phillips added, "If a person, willingly or innocently, avoids sales tax by

buying out of state but bases his aircraft in Florida and lives in the

state, then the use tax obligation may apply. But for a person who simply

flies down to Florida but lives in another state, he will not be assessed a

tax. It's preposterous to even think the state would impose a sales tax."



When EAA's Government Affairs department learned about the Florida use tax

story, it responded immediately by contacting its Legal Advisory Council,

which worked with Sun 'n Fun management to get official clarification from

the Florida Department of Revenue. 



"This is a good example of how our staff, working with the council, was able

to get to the bottom of this story and help clarify this situation," said

Earl Lawrence, EAA vice president of industry and regulatory affairs.

"Hopefully this will put to rest the concerns of non-Florida residents who

intend to fly into the state for Sun 'n Fun, or any time, for that matter." 



-- Crai========================;       - The Zenith-List Email Forum========================bsp;           &n========================;          - List Contsp;           &nb=========================================================

 



_____________________________________________________________

Find the apartment of your dreams by clicking here now!

   [quote][b]

tonyplane(at)bellsouth.ne
Guest

Posted: Mon Mar 24, 2008 5:46 am Post subject: NOTAM : FLORIDA in a New Plane

See partial excerpt from today's Aero-News at webmaster(at)aero-news.net (webmaster(at)aero-news.net)  Tony Graziano

 601XL; N493TG

 Additional Experts Weigh In On Risks Of FL Use Tax Exposure 

 SnF Misdirection Appears To Have Been Horribly Off Mark 

[url=mhtml:mid://00000015/#][/url][url=mhtml:mid://00000015/#][/url]Despite the assertions of one aviation event that ANN  (and other media) reports of potential hazards and/or exposure to FL Tax  penalties, a staggering amount of evidence continues to pour into ANN to prove  that the Aero-News Network (along with exceptional work by AOPA and  FATA) has gotten the story right all along.

   [quote][b]

pete(at)usjabiru.com
Guest

Posted: Mon Mar 24, 2008 6:03 am Post subject: NOTAM : FLORIDA in a New Plane

This story has been making the rounds since Aero News Network published it.  See the Sun N Fun response attached.   I think it is somewhat reflective of the ongoing war between Sun N Fun and the ANN editor.  

   

Pete  

         

  

From: owner-zenith-list-server(at)matronics.com [mailto:owner-zenith-list-server(at)matronics.com] On Behalf Of ZodieRocket

 Sent: Sunday, March 23, 2008 11:15 PM

 To: zenith-list(at)matronics.com

 Subject: [Norton AntiSpam] NOTAM : FLORIDA in a New Plane  

  

   

True or Not I cannot confirm as I do not have first hand knowledge, but be VERY concerned !!!  

   

Folks I do not know much about this issue other then what is written below, but be advised this will also carry to your homebuilt and LSA from a call I had heard. SO if your aircraft is less then 1 yr old be cautious of crossing the Florida state line. This may be a hoax, but I have been told that one plane has been confirmed in owing payment from a respected source.  

   

Mark Townsend  

Can-Zac Aviation Ltd.  

president(at)can-zacaviation.com (president(at)can-zacaviation.com)  

www.can-zacaviation.com   

   

   

   

Should New Aircraft Owners 'Avoid Florida?'   Welcome To The Sunshine State... NOT  

[/url][url=http://www.aero-news.net/EmailArticle.cfm?ContentBlockID=b8527739-b125-4922-a224-cf789ea94039#d#d]It appears Florida's tax personnel are targeting new airplane owners in ways that do not exactly make them feel welcome to the state.  

Over the course of the last few weeks, ANN has learned of a number of issues that have arisen when owners of new aircraft, generally within the first six months of the sale, have been targeted for "use tax" by agents of the state's Department of Revenue... despite the fact that the targeted aircraft were not owned or operated by state residents.  

It starts like this... you buy a new or used aircraft and sign the bill of sale... which starts "the clock." It is Florida's position that for the next six months (possibly thereafter, though the burden of proof reportedly changes at that point), the state has the right to exact the requisite "Use Tax" (Sales Tax) for the fact you partook of the state's services unless you can show an equivalent Use or Sales Tax receipt from another state...  

In other words, for those of you who may have bought a $500K Cessna, Cirrus, Columbia, etc... unless you can prove that you paid the equivalent use tax in another state, you owe the state of Florida some $30K if you visited the state in the first six months of your ownership. Mind you, if your sales/use tax bill comes from a state that exacts LESS tax than Florida, the FL Department of Revenue still expects you to pony up the difference... and if you're from a state that exacts a minimum fee (like the few hundred dollars for owners in South Carolina), they will bill you for the WHOLE difference... and its up to you to fight them on it. No kidding.  

It makes NO difference to the state if you have any property in Florida, or whether you bought the airplane there, or if you have ANY business interests whatsoever in the state... If Florida catches you here and if they can find a way to stick you with a tax bill, they will.  

According to the Florida Tax Code, "There shall be a presumption that any aircraft, boat, mobile home, motor vehicle, or other vehicle purchased in another state, territory of the United States, or the District of Columbia but titled, registered, or licensed in this state is taxable except as otherwise provided in subsection (26) of this rule. This presumption may be rebutted only by documentary evidence that the person owning the aircraft, boat, mobile home, or motor vehicle purchased the aircraft, boat, mobile home, or motor vehicle in another state, territory of the United States, or the District of Columbia six (6) months or more prior to the time it is brought into this state. In order for such property to be presumed exempt as purchased for use outside Florida, the person owning the aircraft, boat, mobile home, motor vehicle, or other vehicle must provide documentary proof that such property was used in other states, territories of the United States, or the District of Columbia for six months or longer under conditions which would lawfully give rise to the taxing jurisdiction of another state, territory, or District of Columbia and any lawfully imposed tax was paid to such state, territory, or District of Columbia before being imported into this state. However, the rental or lease of any aircraft, boat, mobile home, or motor vehicle which is used or stored in this state is taxable without regard to its prior use or tax paid on the purchase outside this state."  

Why? Because they can. The very liberal Florida tax code allows them to tax aircraft if they operate at any time during the first six months of a purchase in the state... and according to some interpretations, there may be some legal justification for Florida to tax you if you so much as fly OVER the state.  

This problem has been known for a while but recent ramp checks by FL DOR personnel have apparently stepped up, and snagged at least one Cirrus owner and a Meridian owner who came back to Florida to undertake flight training in his new airplane. The Cirrus owner is on the hook for some $30K in additional taxes... the Meridian owner -- well over $100K.  

Welcome to Florida, folks, please remove the knife from your back as you cross back over the state lines...  

[/url][url=http://www.aero-news.net/EmailArticle.cfm?ContentBlockID=b8527739-b125-4922-a224-cf789ea94039#d#d]A spokesperson for the FL DOR, Rene Watters, is unapologetic for the issue, telling ANN that they are simply doing their jobs and that if anyone has a problem with that, to "take it up with the legislature." This matter, of course, can be appealed through the courts... but this route necessitates expensive and time consuming litigation, via the use of a trained tax attorney... and you may still lose, after all. Catch 22.  

Other DOR staffers opine that aircraft owners have it particularly hard, since they admit that RVs and boats get a somewhat more permissive treatment from them, "...Probably due to better lobbying on the part of their industry reps."  

Regardless; it's spooking a number of aircraft owners... we spoke with an avionics shop in Northern Florida that lost some business due to the concern expressed by an aircraft owner over bringing his airplane into the state shortly after he bought it, and Piper is reportedly NOT pleased about the Meridian tax bill noted above... especially at a time when the state is trying to con (uh, convince) Piper to locate the PiperJet facility within the state.  

We have a feeling that Piper CEO Jim Bass may have a few things to say, as a result of these recent events, since anyone taking delivery at a Florida Piper plant may find themselves with a tax bill, even if they leave the state right away and never darken the state's borders again.  

In the meantime, the recent escalation in DOR ramp inspections is getting aggressive attention from the aviation business community  -- and we expect to get some feedback on the matter shortly... we'll update you as to what occurs.  

   

Portions Copyright © 1999-2008 by Aero-News Network, Inc. All rights reserved.   

   

   

   

For more info please visit   

   

http://www.aero-news.net/index.cfm  

   

   

   

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amyvega2005(at)earthlink.
Guest

Posted: Mon Mar 24, 2008 6:14 am Post subject: NOTAM : FLORIDA in a New Plane

if the plane has been registered six months or more prior to flight, it is not an issue.  the law is set up more for larger certified planes.



--

bryanmmartin

Joined: 10 Jan 2006
Posts: 1018

Posted: Mon Mar 24, 2008 6:41 am Post subject: NOTAM : FLORIDA in a New Plane

Everything published on Aero News Network should be taken with a grain of salt, especially when it refers to Sun'N'Fun. The man who runs ANN has a long standing grudge against SNF and in fact has been banned from the event for several years due to his often bizarre behavior. He has filed many nuisance lawsuits against SNF and others. Every suit has been dismissed. I think he has even sued one of the lawyers he hired to sue SNF. He has a long history of resorting to character assassination of anyone who publicly disagrees with him and any advertiser who decides not to renew and ad in his publication. Do a google search on "Zoom Campbell" for the whole story.

On Mar 24, 2008, at 9:43 AM, T. Graziano wrote:[quote]See partial excerpt from today's Aero-News at webmaster(at)aero-news.net (webmaster(at)aero-news.net)Tony Graziano

601XL; N493TG

Additional Experts Weigh In On Risks Of FL Use Tax Exposure

SnF Misdirection Appears To Have Been Horribly Off Mark

[url=mhtml:mid://00000015/#][/url][url=mhtml:mid://00000015/#][/url]Despite the assertions of one aviation event that ANN (and other media) reports of potential hazards and/or exposure to FL Tax penalties, a staggering amount of evidence continues to pour into ANN to prove that the Aero-News Network (along with exceptional work by AOPA and FATA) has gotten the story right all along.

 	  Quote: 	
		  	


[b]

_________________
--
Bryan Martin
N61BM, CH 601 XL, Stratus Subaru.
do not archive.

amyvega2005(at)earthlink.
Guest

Posted: Mon Mar 24, 2008 7:06 am Post subject: NOTAM : FLORIDA in a New Plane

Need we say more?  The guy is a WACK!



Juan

See below article:



I was once a fan of Jim Campbell and U S Aviator Magazine.  However Jim has lost my respect, and that of many others, -- even though we still agree with some of the things he writes -- because of his complete lack of journalistic ethics and his pattern of retaliation against those who disagree with him.



After Jim began writing column after column complaining about how the "terrorists" were trying to shut down US Aviator Magazine what came to my mind was "me thinks he doth protest too much". Reading the Usenet forum rec.aviation.homebuilt I found posts by former employees and associates of Jim Campbell.



A Magzine Editor and Publisher has a special responsibility because innacurate writings sent to readers can unfairly damage individuals and companies, who have little opportunity to tell their side of the story. Therefore honesty and objectivity are critical for journalists. Many have questioned Jim Campbell's journalistic honesty and objectivity. While it's true that some of the companies to which he gives bad recommendations have had problems, many believe that for most of the companies their problems are "not kissing up to Jim Campbell". Many of the Campbell critics were former supporters, associates, even employees.



I soon found much documentation about how Jim Campbell reacts very harshly to any critic, even to any perceived criticism, threatening legal action, denouncing critics as "terrorists", claiming thousands of supporters, stating that documents posted were forgeries, telephoning critics employers and making accusations that the employer may be liable for the posting, etc. Click here for the example of Jim Campbell's reaction to a critic that started me to question his credibility and his tactics. These examples are links to a UseNet message archived on Google Groups. Click here for typical example of Zoom's reaction to a critic.



When I discovered that in 1980 Jim Campbell's Medical Cerificate was revoked following an NTSB hearing, I became very suspicious. This revocation was due to Jim's diagnosed personality disorder. For more information about this, read the information elsewhere on this web page about Narcissistic Personality Disorder. I obtained a copy of this NTSB transcript and found it interesting reading. Jim Campbell often posted on UseNet claiming this document was a forgery. However this copy was obtained legally from the NTSB. I suggest that you read the transcript and make up your own mind about what type of person Jim Campbell was in 1980, and then compare that to the present Jim Campbell.



 April 1998 Jim Campbell sued me -- for posting a copy of a public record, NTSB hearing SE-4661, on my web page -- and 14 others for posting comment critical of him on Usenet.



US Aviator ceased publication for good in the fall of 1999, but Jim Campbell continues as a "publisher" with an on-line web-based magazine and daily news service. Although less controversial than US Aviator, Campbell uses Aero News Network to criticize some of those that he has been critical of for years, i.e., The Sun 'n Fun Fly-In and Chuck Slusarczyk (CGS Aviation). Click here for an example of how Zoom uses ANN just as he did US Aviator.  Click here for a recent example of Zoom's reaction to a critic.



John Ousterhout

April 19, 2005

--

jmaynard

Joined: 27 Feb 2008
Posts: 394
Location: Fairmont, MN (FRM)

Posted: Mon Mar 24, 2008 7:08 am Post subject: NOTAM : FLORIDA in a New Plane

On Mon, Mar 24, 2008 at 10:36:18AM -0400, Bryan Martin wrote:

 	  Quote: 	
		   Everything published on Aero News Network should be taken with a grain  

 of salt, especially when it refers to Sun'N'Fun. The man who runs ANN  

 has a long standing grudge against SNF and in fact has been banned  

 from the event for several years due to his often bizarre behavior.


	


As I posted last night: It's not just Zoom Campbell who's raising this

alarm. AOPA is also reporting on this issue, and Phil Boyer has personally

talked about it at at least one pilot town meeting. See

http://www.aopa.org/advocacy/articles/2008/080320fl.html . 



Zoom Campbell may well be a kook. Phil Boyer is not.

-- 

Jay Maynard, K5ZC                   http://www.conmicro.com

http://jmaynard.livejournal.com      http://www.tronguy.net

Fairmont, MN (FRM)                        (Yes, that's me!)

AMD Zodiac CH601XLi N55ZC (ordered 17 March, delivery 2 June)

_________________
Jay Maynard, K5ZC
AMD Zodiac XLi N55ZC

amyvega2005(at)earthlink.
Guest

Posted: Mon Mar 24, 2008 7:10 am Post subject: NOTAM : FLORIDA in a New Plane

Need we say more?  The guy is a WACK!



Juan

See below article:



I was once a fan of Jim Campbell and U S Aviator Magazine.  However Jim has lost my respect, and that of many others, -- even though we still agree with some of the things he writes -- because of his complete lack of journalistic ethics and his pattern of retaliation against those who disagree with him.



After Jim began writing column after column complaining about how the "terrorists" were trying to shut down US Aviator Magazine what came to my mind was "me thinks he doth protest too much". Reading the Usenet forum rec.aviation.homebuilt I found posts by former employees and associates of Jim Campbell.



A Magzine Editor and Publisher has a special responsibility because innacurate writings sent to readers can unfairly damage individuals and companies, who have little opportunity to tell their side of the story. Therefore honesty and objectivity are critical for journalists. Many have questioned Jim Campbell's journalistic honesty and objectivity. While it's true that some of the companies to which he gives bad recommendations have had problems, many believe that for most of the companies their problems are "not kissing up to Jim Campbell". Many of the Campbell critics were former supporters, associates, even employees.



I soon found much documentation about how Jim Campbell reacts very harshly to any critic, even to any perceived criticism, threatening legal action, denouncing critics as "terrorists", claiming thousands of supporters, stating that documents posted were forgeries, telephoning critics employers and making accusations that the employer may be liable for the posting, etc. Click here for the example of Jim Campbell's reaction to a critic that started me to question his credibility and his tactics. These examples are links to a UseNet message archived on Google Groups. Click here for typical example of Zoom's reaction to a critic.



When I discovered that in 1980 Jim Campbell's Medical Cerificate was revoked following an NTSB hearing, I became very suspicious. This revocation was due to Jim's diagnosed personality disorder. For more information about this, read the information elsewhere on this web page about Narcissistic Personality Disorder. I obtained a copy of this NTSB transcript and found it interesting reading. Jim Campbell often posted on UseNet claiming this document was a forgery. However this copy was obtained legally from the NTSB. I suggest that you read the transcript and make up your own mind about what type of person Jim Campbell was in 1980, and then compare that to the present Jim Campbell.



 April 1998 Jim Campbell sued me -- for posting a copy of a public record, NTSB hearing SE-4661, on my web page -- and 14 others for posting comment critical of him on Usenet.



US Aviator ceased publication for good in the fall of 1999, but Jim Campbell continues as a "publisher" with an on-line web-based magazine and daily news service. Although less controversial than US Aviator, Campbell uses Aero News Network to criticize some of those that he has been critical of for years, i.e., The Sun 'n Fun Fly-In and Chuck Slusarczyk (CGS Aviation). Click here for an example of how Zoom uses ANN just as he did US Aviator.  Click here for a recent example of Zoom's reaction to a critic.



John Ousterhout

April 19, 2005

--

Kevin Bonds

Joined: 09 Jan 2006
Posts: 171
Location: Nashville, Tn

Posted: Mon Mar 24, 2008 7:22 am Post subject: NOTAM : FLORIDA in a New Plane

Why isn't this guy a member of the Zenith-list? He'd fit right in! 



Kevin Bonds

 -------------- Original message ----------------------

From: Juan Vega <amyvega2005(at)earthlink.net>

 	  Quote: 	
		   

 

 Need we say more?  The guy is a WACK!

 

 Juan

 See below article:

 

 I was once a fan of Jim Campbell and U S Aviator Magazine.  However Jim has lost

_________________
KevinBonds
Nashville, TN
Plans-building Zenith CH601XL w/Corvair Power
http://home.comcast.net/~kevinbonds

IFLYSMODEL(at)aol.com
Guest

Posted: Mon Mar 24, 2008 7:45 am Post subject: NOTAM : FLORIDA in a New Plane

Hey guys: I know it has not been settled yet, but things are working. For  example, this was posted on AOPA site on Thursday

  

 >>  

AOPA has been working with the Florida Department of Transportation and state  lawmakers to resolve the issue. And now AOPA President Phil Boyer has contacted  Gov. Charlie Crist, asking him to put a moratorium on the tax until legislators  can address the problem, especially with so many pilots about to visit Florida  for the annual Sun â€™n Fun Fly-In. 

In a March 19  letter to the governor, Boyer warned that the aggressive tax enforcement is  keeping many general aviation pilots from visiting the state, which typically  receives 9 million visitors and $2.3 billion in revenue through GA each year.  AOPA Expo is scheduled to be held in Tampa in 2009. 

 	  Quote: 	
		  > 

keep em flyin  
	


Lynn Nelsen



Create a Home Theater Like the Pros. Watch the video on AOL Home.

bryanmmartin

Joined: 10 Jan 2006
Posts: 1018

Posted: Mon Mar 24, 2008 8:10 am Post subject: NOTAM : FLORIDA in a New Plane

It wouldn't be the first time that a state greedy for additional  

revenue ended up driving business out of state due to idiotic tax  

policies. The next thing you know, the state officials will be  

scratching their heads wondering why the unemployment rate in the  

state is so high. I hope someone talks some sense into these morons.



On Mar 24, 2008, at 11:05 AM, Jay Maynard wrote:



 	  Quote: 	
		  

 As I posted last night: It's not just Zoom Campbell who's raising this

 alarm. AOPA is also reporting on this issue, and Phil Boyer has  

 personally

 talked about it at at least one pilot town meeting. See

 http://www.aopa.org/advocacy/articles/2008/080320fl.html .



 Zoom Campbell may well be a kook. Phil Boyer is not.

 -- 


	




-- 

Bryan Martin

N61BM, CH 601 XL,

RAM Subaru, Stratus redrive.

do not archive.

_________________
--
Bryan Martin
N61BM, CH 601 XL, Stratus Subaru.
do not archive.

John Bolding

Joined: 23 May 2006
Posts: 281

Posted: Mon Mar 24, 2008 8:20 am Post subject: NOTAM : FLORIDA in a New Plane

He already is,       under an assumed name,          guess which one ???



John

---

Jaybannist(at)cs.com
Guest

Posted: Mon Mar 24, 2008 8:44 am Post subject: NOTAM : FLORIDA in a New Plane

Kinda' like "Know how to keep a turkey in suspense?"



"I'll tell you tomorrow."



Jay in Dallas

Do not archive

"John Bolding" <jnbolding1(at)teleshare.net> wrote:



[quote]



He already is,       under an assumed name,          guess which one ???



John

---

zenith601xl(at)gmail.com
Guest

Posted: Mon Mar 24, 2008 9:05 am Post subject: NOTAM : FLORIDA in a New Plane

And this from a state that survives on tourisim.



 On Mon, Mar 24, 2008 at 11:06 AM, Bryan Martin <bryanmmartin(at)comcast.net (bryanmmartin(at)comcast.net)> wrote:

 [quote]--> Zenith-List message posted by: Bryan Martin <bryanmmartin(at)comcast.net (bryanmmartin(at)comcast.net)>

 

It wouldn't be the first time that a state greedy for additional

revenue ended up driving business out of state due to idiotic tax

policies. The next thing you know, the state officials will be

scratching their heads wondering why the unemployment rate in the

 state is so high. I hope someone talks some sense into these morons.

 

On Mar 24, 2008, at 11:05 AM, Jay Maynard wrote:



 	  Quote: 	
		  

 As I posted last night: It's not just Zoom Campbell who's raising this

 alarm. AOPA is also reporting on this issue, and Phil Boyer has

 > personally
	


 	  Quote: 	
		   talked about it at at least one pilot town meeting. See

 http://www.aopa.org/advocacy/articles/2008/080320fl.html .

 >
	


 	  Quote: 	
		   Zoom Campbell may well be a kook. Phil Boyer is not.

 --


	


--

Bryan Martin

N61BM, CH 601 XL,

RAM Subaru, Stratus redrive.

do not archive.

  

 



  [quote][b]

Gig Giacona

Joined: 10 Jan 2006
Posts: 1416
Location: El Dorado Arkansas USA

Posted: Mon Mar 24, 2008 10:12 am Post subject: Re: NOTAM : FLORIDA in a New Plane

I'd really like to see them try to enforce the tax in a case where a buyer purchases an airplane in say Arkansas on March 15th, flies to Orlando for even a long 30 day vacation and then flies back to Arkansas.

_________________
W.R. "Gig" Giacona
601XL Under Construction
See my progress at www.peoamerica.net/N601WR

notsew_evets(at)frontiern
Guest

Posted: Mon Mar 24, 2008 11:50 am Post subject: NOTAM : FLORIDA in a New Plane

ok,  we want names.



---

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