The Florida Question

[denverd0n]

Originally Posted by skipmac

But it's no big deal. Why the concern.? It only costs $100 or so and you will not be liable for any Florida taxes. There is no state income tax at all and no personal property tax. Really see no down side.

Ditto. Registration in Florida is about as cheap as any state, so why not?

[skipmac]

Originally Posted by sugarbird

If it truly is $100.00, then you are right, it is no big deal. I was afraid they would try to charge me sales tax to register. Don't they want to see a bill of sale or something?

As far as I know the rules have not changed substantially since I researched this a couple of years ago. Details.

1. if you are/were a legal resident of another state and owned the boat for a least 6 months as a resident of that state and the boat was not in Florida for that time then you would be exempt from paying Florida sales tax even if you move to Florida and become a permanent resident.

2. If you purchased the boat in another state and paid sales tax even if you are liable for Florida sales tax you will be credited for the amount you paid in the other state and only owe Florida the difference if any.

3. If you purchased the boat in Florida, are not a Florida resident and remove the boat from Florida within the deadline (which varies depending on circumstances) you are exempt from Florida sales tax.

By the way, I just checked the registration fees. It varies depending on the length of the boat. 40-65' is $132.50 with a county option surcharge if that county does so of $63.88. http://www3.flhsmv.gov/dmv/proc/fees/fees-04.pdf

[mpatter894]

I just went through this, in fact I am still on my 90 days, you can stay up to 180 if you pay 454.00 dollars for the sticker prior to your 90 days expiring after that you need to leave the state and have a broker or send in yourself a copy of a fuel receipt proving that you have left the state

[Vasco]

Originally Posted by Boatguy30

Foreign registered yachts do not need FL rego. Gotta keep the mega yacht guys happy.
If your boat was built in the US, you can get an indefinite cruising permit from customs. If built overseas toy have to leave the country once per year or have a good excuse.

I find this interesting. Can you point me to the regulation(s) that is the basis for this? Thanks.

[Boatguy30]

It's a US customs duty thing. Has nothing to do with any state. I had a French built Wauquiez, but was imported by Little Harbor in RI and had a LHA hin. I applied for a cruising permit originally in Newport, RI for my SSR after I took it out of documentation. I told them it was us built. Boat was on the hard in LaBelle, FL at the time.

IT had been DUTY paid 1.5% in 1985 but where was that receipt in 2007? I think as long as it is duty paid the same applies, but I am not certain. 1.5% on a mega yacht would be too much to bear for most I suppose so the annual trip over to the Bahamas is necessary.

BTW you do have to renew it annually so I may have misspoken, but you don't have to leave the country.

[Vasco]

Originally Posted by Boatguy30

BTW you do have to renew it annually so I may have misspoken, but you don't have to leave the country.

AFAIK you do have to leave the US for a minimum of 15 days after expiry or surrender of a cruising permit before another one can be issued.

[Custom30]

I would be very careful about ignoring this requirement and assuming you can get away with it.

While awaiting a weather window in the panhandle last year we observed the FWC every day cruising the marinas stopping at only out of state boats, and entering data on their computer.

Three months later and farther south your claim of having just entered Florida waters might not hold up very well.

.

[skipmac]

Originally Posted by Custom30

I would be very careful about ignoring this requirement and assuming you can get away with it.

While awaiting a weather window in the panhandle last year we observed the FWC every day cruising the marinas stopping at only out of state boats, and entering data on their computer.

I have read first hand posts from boaters in NE Florida that also reported FWC collecting data from out of state boats at the marinas, in some cases just going to the marina office for a list.

[jstevens]

Assuming the above posts that state no sales tax is do on a boat that was owned and operated out of state for 6 months prior to entering FL waters are true...

It points out that you better know the law(s) and can cite them when you do register in FL, because that takes place at the county tax office not a state facility. The people at the tax office are very familiar with auto registration laws, but not necessarily those for boat registration.

When I registered my 424 in 2012 after 12 years of operation and registration in MD waters, I was charged for the difference in sales tax between FL and MD. This was in Clay County (Green Cove Springs), which handles a lot of motorcycle registrations, but no so many boats. Both the clerk I was dealing with and the manager had to make numerous calls and lots of research before they could complete the paperwork and give me a registration and new title. It wasn't a whole lot of money and I was eager to get the job done so I just payed the bill.

BTW, boats built more than 30 years ago (I think that's the age) with the original engine can be registered as an antique and a greatly reduced annual fee. For my boat it is the difference between $132 and $35.

John

[tomfl]

Originally Posted by jstevens

Assuming the above posts that state no sales tax is do on a boat that was owned and operated out of state for 6 months prior to entering FL waters are true...

It points out that you better know the law(s) and can cite them when you do register in FL, because that takes place at the county tax office not a state facility. The people at the tax office are very familiar with auto registration laws, but not necessarily those for boat registration.


SNIP

The county tax office in Marathon had an employee who knew the laws backwards and forwards. It was simple and fast. I suspect some places are not as up to speed as they are.

[Boatguy30]

Originally Posted by Vasco

AFAIK you do have to leave the US for a minimum of 15 days after expiry or surrender of a cruising permit before another one can be issued.

This is a minor point, but I'm telling you I renewed without leaving around 2009. The boat was "us built" and therefore defacto duty paid.

I sailed the next season on Michigan waters on a different boat registered in the SSR. I was stopped once as I was anchored in an out of the way spot near a large town, but the patrol guy had no clue and just looked it over and handed the SSR certificate back to me.

[Vasco]

Originally Posted by Boatguy30

This is a minor point, but I'm telling you I renewed without leaving around 2009. The boat was "us built" and therefore defacto duty paid.

I sailed the next season on Michigan waters on a different boat registered in the SSR. I was stopped once as I was anchored in an out of the way spot near a large town, but the patrol guy had no clue and just looked it over and handed the SSR certificate back to me.

To belabour a point because one can get into real trouble if one does not follow the regulations, here it is from Customs and Border Protection:

https://help.cbp.gov/app/answers/det...ld-one-expires

"Resident aliens may apply for successive cruising licenses if their foreign-flag vessel was made in the U.S. or if duty has been paid on its importation provided that the vessel is documented under the laws of one of the countries listed in 19 CFR 4.94(b). Under CBP policy, non-U.S. residents are not eligible for successive cruising licenses. A new license will not be issued unless the following two conditions have been met: (1) at least 15 days have elapsed since the previous license either expired or was surrendered, and (2) the vessel arrives in the U.S. from a foreign port or place. (Customs Directive 3130-006A) CBP will want to see foreign clearance paperwork as evidence that you are arriving from a foreign location."

Boatguy30, if you were a resident alien at the time you might have been able to get a successive renewal but for the rest of us (non-resident aliens) you can get into big trouble if your cruising permit expires before you leave the US.

[AnchorageGuy]

Here's the rub in Florida waters. You say your boat is U.S. Documented. Great. But if your boat is not registered in another state, in addition to your documentation, Florida requires you register it immediately with the State of Florida when you enter their waters. That even applies if you enter from Georgia. I don't think it's a good idea to ever recommend that someone avoid the regulations of any state or country. Chuck

[skipmac]

Originally Posted by jstevens

Assuming the above posts that state no sales tax is do on a boat that was owned and operated out of state for 6 months prior to entering FL waters are true...

It points out that you better know the law(s) and can cite them when you do register in FL, because that takes place at the county tax office not a state facility. The people at the tax office are very familiar with auto registration laws, but not necessarily those for boat registration.

When I registered my 424 in 2012 after 12 years of operation and registration in MD waters, I was charged for the difference in sales tax between FL and MD. This was in Clay County (Green Cove Springs), which handles a lot of motorcycle registrations, but no so many boats. Both the clerk I was dealing with and the manager had to make numerous calls and lots of research before they could complete the paperwork and give me a registration and new title. It wasn't a whole lot of money and I was eager to get the job done so I just payed the bill.

BTW, boats built more than 30 years ago (I think that's the age) with the original engine can be registered as an antique and a greatly reduced annual fee. For my boat it is the difference between $132 and $35.

John

Hi John,

At one time I had links to the specific regulations on the web sites for the various agencies for state of FL but they have changed things around and I would have to find the again. Also the last time I read the details they had tightened up the wording just a bit but still had the basic rule in place.

For you I guess it's now a moot point anyway. I have to say that I have not found GCS to be right on top of all the rules and regs but to be honest the same applies to a number of counties.

[skipmac]

OK. Found the document that addresses sales tax on boats brought into Florida. The link to the original document is here. This does not seem to address boats owned by non US citizens.

http://dor.myflorida.com/dor/forms/current/gt800005.pdf

When a boat is sold by someone other than a registered boat dealer, or a boat is brought into Florida for use in Florida, Florida use tax is due. The "use" part of Florida’s sales and use tax provides uniform taxation of items. Florida’s six percent (6%) use tax, plus any applicable discretionary sales surtax, is due on a boat used or stored in Florida when:
• The boat is purchased from a person who is not a registered boat dealer and the sale or delivery of the boat occurs in Florida;
• The boat is purchased in another state, territory of the United States, or District of Columbia and is brought into Florida within six (6) months of the purchase date; or
• The boat is purchased in a foreign country and is brought into Florida at any time.