Sun, Mar 23, 2008
SnF Misdirection Appears To Have Been Horribly Off Mark
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.
Daniel Cheung, a CPA and Member of Aviation Tax Consultants,
LLC, one of the nation's most experienced and highly regarded
aviation tax consulting firms, has contacted ANN to support our
concerns about possible risks to visiting non-resident aircraft (of
less than six month's ownership) from the FL Use tax issues we have
been writing about for well over a year.
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
North Carolina resident
purchased a plane in North Carolina
- This North Carolina taxpayer brought his plane into Florida for
- 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
- 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
- A refund has not been issued as of last week
Additional Observation(s) by Cheung:
- A verbal assurance from an employee from the Florida Department
of Revenue is not binding.
- ANN's reporting on this issue has been accurate.
- The Department's assurance to Sun N Fun appears that the
Department is selectively applying the tax code as numerous
taxpayers had paid the tax to Florida.
E-I-C Note: ANN continues to have great
concerns about the matter and has phonecons scheduled throughout
the next week in order to seek additional information and potential
solutions. In the meantime, ANN not only stands by its reporting on
the matter but utterly repudiates the false and misleading
information imparted by the Sun n Fun organization for reasons that
do not seem to be conducive to the safety and well-being of the
flying community. ANN demands a correction of their false
statements and an aggressive effort to properly inform potential
visitors as to how they might avoid unwanted tax liabilities during
a visit to Florida. Failing that, ANN recommends that
the expert assets of the major aviation organizations such as
AOPA, FATA, NATA and EAA be brought to bear to correct the false
information pilots may have received and alert them to possible
liabilities arising from the FL Use tax until a moratorium (or
better yet, a permanent solution) can be applied.
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