Understanding Florida 180 day tax waiver

[meridian28]

If you have owned a boat for longer than 6 months and want to register it in FL, there is no use tax due. Each county treats this differently. I registered mine in Vero Beach and the value of the boat or tax was never discussed. Call the county tax division and get the information

[denverd0n]

Originally Posted by jmschmidt

And people wonder why their legal right are being trampled on? Could be because they are too gutless to defend them.

Or could be because some of us have better things to do with our time and money. If you wish to spend all of your time and money fighting relatively insignificant little things like this, fine, have at it. No one is stopping you. Personally, I'd rather just take the two minutes to send the letter, and be done with it.

Originally Posted by meridian28

If you have owned a boat for longer than 6 months and want to register it in FL, there is no use tax due.

True, with the caveat that -- at some point during that 6 months -- you must have registered it and/or paid tax in some other state or territory of the United States. If you take it to the Bahamas for that 6 months, then when you return to Florida you DO still owe use tax. (Even though, honestly, at that point I doubt that the authorities would know or care. Still, the law is the law -- violate it at your own risk.)

[john61ct]

My understanding is, if since buying the boat you haven't paid sales/use tax in **some** US jurisdiction, then it is owed to FL.

Did not think there was any time period for that obligation going away.

And many say if the rate was lower, they take the difference.

[Sand crab]

I'm not reading it that way. If you are a non'resident and remove it from the state and have prrof then you are in the clear.



https://www.flsenate.gov/Laws/Statutes/2011/212.05


2. This paragraph does not apply to the sale of a boat or aircraft by or through a registered dealer under this chapter to a purchaser who, at the time of taking delivery, is a nonresident of this state, does not make his or her permanent place of abode in this state, and is not engaged in carrying on in this state any employment, trade, business, or profession in which the boat or aircraft will be used in this state, or is a corporation none of the officers or directors of which is a resident of, or makes his or her permanent place of abode in, this state, or is a noncorporate entity that has no individual vested with authority to participate in the management, direction, or control of the entity’s affairs who is a resident of, or makes his or her permanent abode in, this state. For purposes of this exemption, either a registered dealer acting on his or her own behalf as seller, a registered dealer acting as broker on behalf of a seller, or a registered dealer acting as broker on behalf of the purchaser may be deemed to be the selling dealer. This exemption shall not be allowed unless:a. The purchaser removes a qualifying boat, as described in sub-subparagraph f., from the state within 90 days after the date of purchase or extension, or the purchaser removes a nonqualifying boat or an aircraft from this state within 10 days after the date of purchase or, when the boat or aircraft is repaired or altered, within 20 days after completion of the repairs or alterations;

[john61ct]

I meant, if the boat is staying in Florida at some point in the future.

And its previous homes did not require any sales / use tax, or less than FL's.

[denverd0n]

Originally Posted by john61ct

My understanding is, if since buying the boat you haven't paid sales/use tax in **some** US jurisdiction, then it is owed to FL.

Did not think there was any time period for that obligation going away.

And many say if the rate was lower, they take the difference.

No, that is not correct. As long as it is registered and used in some U.S. state or territory for more than six months, then you do not owe use tax to Florida when you move it there. It does not matter if the jurisdiction that you were in previously charged a sales tax or not.


They are, however, wise to the dodge of letting it sit in some no-sales-tax state for six months and a day, and then moving it to Florida. As such, you may be required to prove that you actually USED the boat during the six months before you brought it to Florida.

[RickG]

Originally Posted by denverd0n

No, that is not correct. As long as it is registered and used in some U.S. state or territory for more than six months, then you do not owe use tax to Florida when you move it there. It does not matter if the jurisdiction that you were in previously charged a sales tax or not.


They are, however, wise to the dodge of letting it sit in some no-sales-tax state for six months and a day, and then moving it to Florida. As such, you may be required to prove that you actually USED the boat during the six months before you brought it to Florida.

In our case, we had to prove that we had paid sales tax in the other state before the clock started ticking on the 6-month rule. We did not have to prove usage. In Clay County where we registered, they wanted very specific documents. We had used a settlement company and they had to scan the paper copy of the tax payment submission and provide a copy of the canceled check.

Cheers, RickG

[denverd0n]

Originally Posted by RickG

In our case, we had to prove that we had paid sales tax in the other state before the clock started ticking on the 6-month rule.

Not quite sure what you mean by this, or perhaps the folks in Clay county don't understand the law, but the law is really quite clear. You are exempt from paying use tax to the state of Florida, if you have owned and used your boat in another state or territory of the United States for more than six months, before bringing it into Florida.

[ArmyDaveNY]

Originally Posted by moseriw

So a good decision would be to avoid states and countries that are overloaded with regulations and taxes.

Think I will occupy an iceberg and declare myself as governor.

Or SeaLand!

Surprisingly, here in New York State the fee for a boat registration is only $90 for three years. Also, if your boat is over a certain amount ($230,000 I think) the excess is not taxed. Sales tax is still high though, at around 9%. Ouch!!

We are losing thousands of people per year to other states since we are the most heavily taxed state in the Union. Last year, we lost just under 64,000 people net to Florida alone. Here in NYC we are losing 140 middle class people PER DAY to other states due to taxes, regulations, and expenses.


Actually now that you mention it, the iceberg is starting to sound good!

[Sand crab]

I don't think that New York is losing people due to taxes. Taxes are kinda high here in Washington State and we are gaining population. New York is losing people because it's New York.

[ArmyDaveNY]

Originally Posted by Sand crab

I don't think that New York is losing people due to taxes. Taxes are kinda high here in Washington State and we are gaining population. New York is losing people because it's New York.

Taxes are a major part of it. Just my moving to Florida, Texas, or other income tax free state, you can realize a 12.5% pay raise if you are currently in NYC. That doesn't even count the difference in cost of living. Regulations are another giant reason.



Taxes and regulations are a huge reason why companies are also leaving New York State.

[skipgundlach]

Originally Posted by ArmyDaveNY

Taxes are a major part of it. Just my moving to Florida, Texas, or other income tax free state, you can realize a 12.5% pay raise if you are currently in NYC. That doesn't even count the difference in cost of living. Regulations are another giant reason.



Taxes and regulations are a huge reason why companies are also leaving New York State.

And if you move to a sales-tax free state, you get a marginal (sales taxes are inherently regressive) increase as well. NYS vs, e.g., NH; NY has a nominal 4% sales tax but local sales taxes drive that very much higher...

[redneckrob]

Originally Posted by ArmyDaveNY

Taxes are a major part of it. Just my moving to Florida, Texas, or other income tax free state, you can realize a 12.5% pay raise if you are currently in NYC. That doesn't even count the difference in cost of living. Regulations are another giant reason.



Taxes and regulations are a huge reason why companies are also leaving New York State.

Given that salaries are in large part tied to cost of living in an area, you most probably wouldn't see a 12.5% pay raise unless you're on SS or something. Not a lot of portable jobs with identical pay across localities running around out there.

[john61ct]

Some people are on very high fixed incomes and do not need to work

[SemperAvanti41]

I was amazed when I purchased a boat in Florida that there is a reciprocal sales tax arrangement between Fl and NY. I kept the boat in Fl for over 3 months so I paid FL sales tax. When I brought the boat to NY, I only paid the difference in the higher NY rate to NY.

One other note, when I paid the tax at NYS DMV they knew NOTHING about the boat still needing a NYS registration, even though it was Federally documented. I found this out when I was given a ticket by a local marine cop.