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As a firm that deals with Florida sales and use tax controversy almost every day of the week, it is not too often that we bump into FL sales and use tax issues that we have not already dealt with.
When you purchase a boat from a licensed dealer in Florida, then the dealer is required to collect sales tax on the whole purchase price of all the tangible personal property being sold to you. If a dealer[2]makes the sale, then tax is due on the cost of the trailer, motor (outboard and inboard), vessel, and accessories. So, this would leave you to believe that the sales tax rules apply differently depending on whether you purchase the boat from a dealer or from an individual, right?
There is another twist here that keeps this fact pattern interesting, at least from a sales tax professional's point of view. BOAT CAR PLANE DEALERS: FL SALES TAX FORMS, published June 14, 2013, by Jerry Donnini, Esq. WHEN SALES TAX AUDITORS MAY NOT PICK AND CHOOSE RECORDS TO USE, published April 19, 2015, by Joseph C Moffa, CPA, Esq. FL SALES TAX – CASH OR ACCRUAL BASIS, published February 3, 2015, by James Sutton, CPA, Esq. FLORIDA SALES TAX AUDITS OF CAR DEALERS ON THE RISE, published November 14, 2014, by James Sutton, CPA, Esq.
JACKSONVILLE USED CAR DEALER ARRESTED FOR SALES TAX, published December 14, 2014, by James Sutton, CPA, Esq. If a new boat or even a yacht is on your holiday shopping list this year you may want to wait a bit longer before making that purchase. That’s because leaders in Trenton are on the verge of cutting in half the state sales tax levied on boats purchased in New Jersey, as well as setting a maximum amount for how much sales tax can be collected for a noncommercial boat or yacht purchased here.
The timing is important because the language in the bill that lawmakers sent to Christie for final consideration last week calls for the sales-tax reductions to go into effect on the first day of the second month following his approval, meaning early 2016 if the governor takes action sometime this month.
The tax-policy changes for boat purchases have been proposed as a way to help a local boating industry still struggling to recover from the last recession and Superstorm Sandy.
Industry experts say boat registrations have fallen by nearly 100,000 in New Jersey since 2001, and lawmakers have blamed tax reductions in other states that have left New Jersey at a competitive disadvantage. But liberal groups and others opposed to the proposal say the wealthy would benefit the most from the sales-tax reductions while the state loses much-needed tax revenue.
The measure, meanwhile, also represents a rare moment of bipartisan agreement this year between the Democrats who control the state Legislature and Christie.
That common ground could be a good sign moving forward as lawmakers are getting ready to work with the governor on what many expect to be a bipartisan plan to renew the state’s Transportation Trust Fund.
The original proposal to cut sales taxes on boat purchases in New Jersey called for a $20,000 cap on the taxes that could be collected on the sale of a noncommercial boat.
But Christie, in a conditional veto issued in August, asked lawmakers to also consider cutting the current 7 percent sales tax in half for boat purchases. Lawmakers went back to work on the measure in September, with the Senate voting overwhelmingly in favor of Christie’s recommendations. Now, for procedural reasons, the legislation has to go back to Christie one more time for final approval.
Despite those upbeat predictions, nonpartisan analysts with the Office of Legislative Services estimated that cutting the tax in half will result in state revenue losses of between $8 million and $12.3 million annually during the first few years after it becomes law. Gordon MacInnes, president of New Jersey Policy Perspective, a liberal think tank based in Trenton, said the tax breaks make little sense for a state that’s still struggling to come up with enough revenue to fund bigger priorities like transportation, housing and higher education. The think tank has conducted research indicating the sales-tax reductions would give someone buying a yacht worth $1 million a tax break of $50,000, while someone spending $10,000 would get just $350 in tax relief. Williams & Smithells Yacht Brokers have been offering yachts for sale in Greece for over 30 years.
Vessels over 12m have two options to reduce costs; pay €10 per metre for the month ahead, or be “permanently based” in Greece and obtain a 30% discount from the annual fee.
If a receipt can’t be produced on request, the boat can be detained until a full fee has been paid, plus a 100% penalty fee. 3.  A meeting of the Mediterranean section of the Cruising Association on 21 Nov was attended by some 60 memberss. 4.  The CA is working out the most effective way to present these arguments to the authorities.
ITEMS NOT PICKED UP: Any item not picked up on the day of pick-up, will automatically be charged to your credit card.
DECLINED CREDIT CARDS: Any bidders with credit cards that are declined on reconciliation day will be charged a $30 processing fee to run another credit card- NO EXCEPTIONS!
If buyer does not pick up items or make payments up to date on merchandise, the buyer will be flagged for all Marknet auctions.
Bidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Venue & jurisdiction of any & all disputes which may arise by virtue of this auction sale or stemming from this auction sales shall be in the court of Pierce County, Wisconsin.
In today’s business culture, sales invoices are always issued over the selling items and acquired services. Usually in large retail stores and points of shopping where bulk number of customers has to visit each day, you really need tool for quick and urgent billing.
Using smart Excel functions for billing and cost adding, you can line-up all the available product range in one spreadsheet and by selecting relevant items, these templates automatically generate the total bill, making it easier for you to calculate the total. Every business keeps its own format for stating details on the invoice but in order to create a standard and personalized template, you need to keep a couple of important factors which are generally present in all sales invoices. Once you create a draft according to your requirements, you can save much time and get done with this task quickly.


So when we get a call from a taxpayer that has novel issue, we tend to get a little excited.[1] Just such an issue popped up this week that I thought our readers would enjoy learning about. The DMV is therefore the agency tasked with making sure that all registered vehicles (cars, boats, planes) are properly registered with the state and that sales tax and registration fees have been properly paid.
Therefore, one would logically conclude that the sales tax due would be the same regardless of whether you purchased the vehicle from a dealer or an individual, right? So if you purchase a boat, a motor, a dozen life preservers, a pair of paddles, and other miscellaneous goods that go along with a boat – the licensed dealer is statutorily required to charge sales tax on all these items.
You, as the buyer, are required to take the bill of sale down to the DMV office and pay sales tax directly to the DMV. If you purchase something on-line and the seller does not collect sales tax from you, believe it or not, you are supposed to remit the sales tax to the state yourself. There might be another quirk in Florida sales tax law that would exempt your itemized purchases of goods other than the vehicle itself. If you are purchasing a boat with expensive outboard motors from a non-dealer, then you want to make sure that the outboard motors are separately itemized (with the price) in the bill of sale. Sutton is a Florida licensed CPA and Attorney and a shareholder in the law firm the Law Offices of Moffa, Sutton, & Donnini, P.A. A purchase from an out of state dealer would change this answer to only allow the DMV to collect sales tax only on the boat AND would require the DMV to give you credit for any sales tax you might have paid the dealer in another state. Yes Nob Was the transaction part of any terms of employment employment contract or termination agreement?
Chris Christie on those two policy changes -- which he’s previously supported -- could come at any time. And even as Democrats in the Assembly tried last week to muster up the the first override of a gubernatorial veto in nearly two decades – falling short by a few votes of bypassing Christie’s rejection of a mental-health gun bill – lawmakers from both parties voted unanimously that same day to sign off on the sales-tax reductions for boat purchases. The Assembly -- which took a long break this summer as all 80 seats in the lower house were up for grabs in the November election -- followed suit last week, voting 64-0-15 in favor of the governor’s changes.
Jeff Van Drew (D-Cape May) said the policy changes will put New Jersey’s boat-sales taxes back into competition with states like Delaware, Florida, Maryland and Pennsylvania. The office also projected that the $20,000 will also result in the loss of revenue, although it said that figure couldn’t be accurately calculated.
The organization also determined the changes would directly impact fewer than 1 percent of the state’s residents.
In 2006 we opened highly visible yacht sales office in Lefkas Marina with experienced British representative Stephen McIntosh looking after all your yachting requirements. It will cover one calender year’s stay, with an option to pay for monthly periods for craft over 12m LOA.
The receipt is valid for the whole period of pre-payment, and remains valid if the boat leaves Greek waters and returns later. When arriving in a port of entry, EU boats obtaining a DEKPA, and non-EU boats obtaining a Transit Log, can pay cash on arrival.  Boats already in Greece on 1 Jan 2014 will need to pay at their local tax office or port authority to remain in Greece. The proposed law is the result of two years of negotiations between opposing points of view; tourism interests, versus taxation needs. To keep this in context, two and three years back two previous laws were passed introducing taxes for larger vessels. There is a $5 minimum per lot handling in addition to any & all hauling charges (see items not picked up). If items are not picked, you must contact us before bidding(715-273-3377), otherwise the items will be held for only 7 days. Buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 or return the merchandise.
It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor.
Bidder acknowledges and understands that this service may or may not function correctly the ending day of the auction.
Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified. Hines Auction gathers all emails & adds them to an email listing available only to Hines Auction Service, Inc.
To refresh your screen, you need to click on `RESET CATALOG` for the whole page to refresh or use the refresh button on your browser. Any lot that gets a bid within TEN minutes of its Scheduled Closing Time will remain open for bids past its normal close; it will go into extended bidding. This entire process is an integrated portion of billing and using Excel invoice templates always help you to quickly generate the bill of relevant products or items you are selling. It saves your time, avoid your potential from writing off bills manually and generate a catchier outlook. It involves the interaction of tax laws between the Department of Motor Vehicles and the Department of Revenue.
The Florida Department of Revenue will audit the boat dealer and make the dealer liable for the sales tax if such amounts are not collected from you at the time of sale.
However, the DMV is only required to collect sales tax on the vehicle that is required to be registered. If it also worthy to note that you have some flexibility in allocating the price between the boat and the motors.
Williams & Smithells are now the largest British company in Lefkas offering Yacht Sales in Greece.
However, in both years, procedures to implement the laws were suspended after very strong objections from influential owners of larger boats.


The most apt response recommended was to seek concessions for categories of sailors most likely to leave Greek waters as a result of this legislation. In order to qualify for shipping, the entire lot (not each item) must fit inside a 12 X 12 X 18 box (including packing). If items are not picked up on pickup day, a $10 PER ITEM FOR A BOX LOT & A MINIMUM $25 PER ITEM FOR LARGER ITEMS removal charged will be added to all lots (NO EXCEPTIONS). If buyer returns the merchandise, they will be responsible for paying commissions for selling the merchandise, paying the difference in the amount owed after it sells & any other expenses incurred from the resale of the items. Hines Auction Service, Inc will not be responsible for any errors or omissions in the description of the merchandise. Under no circumstances shall Bidder have any kind of claim against Hines Auction Service, Inc or anyone else if the internet service fails to work correctly before or during the ending of the auction. This invoice is issued to the customer and it’s a formal proof of payment against the sale. A small quirk in the law surfaced that has the potential to tax the two transactions differently – specifically for boats with an outboard motor separately listed on the sales invoice. However, the DMV has a slightly more limited scope of what they are required or, in this case, allowed to tax.
So, to the DMV, all the other itemized goods you purchased are things they are not authorized to collect tax on. Because you purchased these non-vehicle goods from an individual, there is a rather good chance that seller would not be considered a dealer.
Sutton's primary practice is Florida tax controversy, with an almost exclusive focus on Florida sales and use tax.
We are arranging a good translation, and will then ask questions of the Greek authorities to clarify as many remaining uncertainties as we can. After 7 days, all items left become the sole property of Hines Auction Service, Inc & no refund will be given. Bidder agrees that everything is sold as is and that they may not return any item they purchase. This only affects lots with bids in the last ten minutes; other lots will continue to close at their normal times.
The reason is a small quirk in the difference between what is required to be taxed by the law governing DMV versus what is required to be taxed by the law governing Florida Department of Revenue.
Therefore, from the DMV's perspective, all the other itemized goods appear to be not subject to sales tax at all. But the relevance here is that all the non-vehicle itemized items you purchased with the boat are subject to use tax just like your on-line purchases. Presuming that the seller paid sales tax on this items when they were originally purchased (a requirement for the exemption), the sale of such items to you would be exempt under the isolated or occasional sale exemption. Internet bidders who desire to make certain their bid is acknowledged should use the internet bidding feature and leave their maximum bid 24 hours before the auction ends.
This is because individual sellers of registered vehicles are not required to collect sales tax or register the vehicle for the purchaser. So, for example, if your bill of sale reflects $250,000, but $75,000 is separately itemize for the two 250 horsepower outboard engines on the boat – then the DMV is not going to charge you sales tax on the outboard engines. So there is a high likelihood that the purchase of the other used goods with the boat from a non-dealer would, actually, be exempt from sales tax.
Sutton worked for in the State and Local Tax department of one of the Big Five accounting firms for a number of years and has been an adjunct professor of law at Stetson University College of Law since 2002 teaching State and Local Tax and at Boston University College of Law since 2014 teaching Sales and Use Tax.
Hines Auction Service, Inc may attempt to describe the merchandise in advertising & on the internet but makes no representations.
Hines Auction Service, Inc reserves the right to withdraw or re-catalog items in this auction.
This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a lower price.
This is because the outboard engine is not considered part of the vehicle required to be registered under the laws governing the DMV. It is just that the DMV is not the governmental entity tasked with collecting the tax on these other items.
The DMV is only looking at what the DMV is allowed to collect tax on, which is just the vehicle - not everything subject to sales or use tax in Florida.
This exemption would NOT be available if you made the purchase from a Florida licensed boat dealer because, by definition, boat dealer sales of boat related items do not qualify for the isolated or occasional sale exemption. In no event shall Hines Auction Service, Inc be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose.
There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The same is not true if the engine is an inboard-outboard or pure inboard, which would be considered part of the boat.
Sutton is a frequent speaker on Florida sales and use taxes for the FICPA, Lorman Education, NBI, and the Florida Society of Accountants. The auction company will not lower the price of an item that has been won by a "jumped" bid with no other competing bids.



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