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  #11  
Old 08-13-2015, 11:06 AM
n82rb's Avatar
n82rb n82rb is offline
 
Join Date: Jan 2007
Location: fort myers fl
Posts: 949
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not true.

only if the aircraft is brought into florida withing the first six months of ownership.

http://dor.myflorida.com/Forms_libra...t/gt800008.pdf

bob burns
N82RB
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  #12  
Old 08-13-2015, 12:52 PM
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f14av8r f14av8r is offline
 
Join Date: Apr 2012
Location: Tampa (Wimauma actually)
Posts: 421
Default Call the Department of Revenue

Quote:
Originally Posted by n82rb View Post
not true.

only if the aircraft is brought into florida withing the first six months of ownership.

http://dor.myflorida.com/Forms_libra...t/gt800008.pdf

bob burns
N82RB
Hi Bob,
You're right, that's an important correction. The use tax is due immediately if you bring the aircraft into Florida for more than 20 days in the FIRST SIX MONTHS after purchase. My initial response to you was simply to say that you couldn't legally avoid the Florida Use Tax simply by buying the aircraft in another state and bringing it here.

The one interesting question that does arise is the possibility that you might avoid the Florida Use Tax by purchasing the aircraft out of state and keeping it out of state for more than six months after purchase.

I was curious and also wanted to make sure I handled my transaction properly so I called the Florida Department Of Revenue. They first gentlemen I spoke to sent me to one of their aircraft specialist, Ms. Rebecca Burdick. I asked Ms. Burdick if I could have avoided the Florida Use Tax by keeping the aircraft in Georgia for six months. Her answer - that depends. She said the Florida DOR would want to see proof that the aircraft was kept out of the state for the first six months after purchase and, even if it was brought in later, they would want to see evidence that the taxes had been properly paid to the taxation authority where the airplane was kept for those months. She also said that, I had filled out the registration with a Georgia address, the Georgia DOR would probably have come knocking.

I asked her about keeping the airplane in a state that doesn't have a use / sales tax for the first six months - Delaware for example - and she said that would be the one way to legally avoid ever having to pay the Florida Use Tax. But, the Florida DOR would require thorough documentation of that situation.

I'm certainly no tax attorney. I'm sure it's possible to EVADE the Florida Use Tax. I wasn't interested in playing that dangerous game but did want to determine if it is reasonably possible to AVOID the tax. Apparently it is, but you'd find it pretty hard to do that if you wanted to use your airplane in Florida, at least for the first six months after purchase.

For those that might be interested, the aviation specialist at the Florida Department of Revenue may be reached at (850) 617-8594. There are currently two ladies working aviation, Ms. Rebecca Burdick and Ms. Sheila Miller.
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RV-4 N212CS (sold)
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  #13  
Old 08-13-2015, 02:00 PM
YellowJacket RV9 YellowJacket RV9 is offline
 
Join Date: Oct 2012
Location: Clearwater, FL KCLW
Posts: 1,281
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Earlier this year and prior to receiving a notice from FL DOR, I paid a use tax to them based on the kits I had bought so far. When I received the tax notice from them, it included a form to fill out for aircraft sale (which required things like engine S/N, hangar location, etc). I sent them proof of earlier payments, as well as a note explaining that I really didn't consider it an 'airplane' yet as it had no engine or avionics, was in my home and not a hangar, had no wings, etc, and therefore I was unable to adequately fill out the form.

That was several months ago and have not heard from them again, so hopefully all is well. I know your situation is different, but just a heads-up for other FL kit builders. It seems they may look kindly on paying the use tax pro-actively, and not hassle you much if you do.

Chris
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