TWL: Re: RE: Re: trawler-world-list V3 #109 (Florida Tax)
Why do we try to avoid (or is it evade) the taxes when they are duly
constituted by law? I realize that no one wants to pay taxes (I certainly
do not) but, when prescribed by law it would seem that one is taking a real
chance of getting into trouble as there was "intent" to evade. I think I
would rather fight a tropical storm than deal with the State under those
conditions.
Paul Woche
From: Jim Donohue jim_donohue@computer.org
To: 'Howard W Evirs' howardevi@juno.com; trawler-world-list@samurai.com
Subject: TWL: RE: Re: trawler-world-list V3 #109 (Florida Tax)
Date: Monday, October 18, 1999 1:56 PM
In Southern Cal it becomes increasingly common to take delivery off-shore
head to Mexico and wait 6 months. The Coral Marina in Ensenada has a set
of
boats waiting out the delay. I think Cal is trying to find a way to stop
it
but has not managed it so far. 10 or 12 grand is well worth the trouble.
Jim
-----Original Message-----
From: owner-trawler-world-list@samurai.com
[mailto:owner-trawler-world-list@samurai.com]On Behalf Of Howard W Evirs
Sent: October 18, 1999 9:40 AM
To: trawler-world-list@samurai.com
Subject: TWL: Re: trawler-world-list V3 #109 (Florida Tax)
I'll tell what I know about Florida tax.
When I sailed from Boston to Florida back in 1983, I had paid MA sales
tax on my Bristol 40. She was documented, so I thought no state
registration would be needed anywhere. So, I never registered her in
Florida, and was never cited nor advised to do so.
But, when I purchased my trawler in Charleston, SC in 1997, I paid no
sales tax in SC. Instead, I was advised to wait and pay it in Florida.
It, too, was documented, so I thought I would avoid state registration.
Wrong! I no sooner got into Florida waters than I was visited at a
marina by a Florida Marine Patrol officer, who cited me for not having a
Florida registration sticker and gave me few days to obtain same. In
order to obtain a FL state sticker, which is required of all boats
remaining in Florida more than, I think, 30 days unless they bear a state
registration sticker from another state, I had to show proof of sales
tax. So, $12,000 plus $80 or so later, I became legal in Florida and the
citation was cancelled. The only difference in Florida treatment of a
documented vs. a registered boat is that a documented vessel is not
required to bear the FL letters and numbers on its hull: only the
sticker! The moral of this is that the inspectors treat power boats
quite differently than sailboats!
Regards,
Capt. Howard W. Evirs, Jr.
M/V White Squall
No. Palm Beach, FL
Paul -
Having run my lance at the Franchised Tax Board of the State of California I
assure you that intent has little to do with anything. The normal problem
is to get past the computer to the human beings - then the system turns
rational. Note however that this may well take two years and 15 or 20
seperate pieces of paper.
California is particularly difficult to deal with on tax issues. I have a
friend who went cruising on his Hans Christian 38. He continued to pay
property taxes on the boat because the LA County Tax Collector will accept
only a year of receipts from a single out of state Marina as proof that the
boat had left the state. He was in multiple marinas so did not have
acceptable proof. My friend by then lived on the boat or in Nevada so the
third year he told them to pound salt. They promptly slapped a lien on a
condo he owned in San Pedro. He paid up, including penalties, as it was far
cheaper than going to court to gain the correct outcome.
The avoidance, not evadence of taxes (oldy but good on the difference - We
avoid, you evade) is a fully legal thing to do. Knowledge of a desirable
tax consequence does not make an action illegal. I can, and did, for
instance, pay for a long and very expensive dental process in the middle
year. This caused virtually all of the procedure to be tax deductible were
it would otherwise have been mostly lost to threshold levels.
I, a resident of Nevada, will likely buy my next boat in California. I will
take delivery off shore and head for Mexico. I won't enter California for
at least 6 months and probably a year. When I do I will move around a bit
so that I don't get picked up on the tax rolls. I will also move back to
Mexico for the winters. All pretty much legal and above board.
I might also take offshore delivery of a boat in the State of Washington and
then keep it in Oregon for a while. Has the same effect as Mexico.
All fair tactics designed to prevent me giving the value of a nice
automobile to the State of California. You are of course free to make the
donation in my stead if you are of such a mind.
Jim
-----Original Message-----
From: Paul Woche [mailto:paulnpat@crosslink.net]
Sent: October 17, 1999 11:04 PM
To: jim_donohue@computer.org; 'Howard W Evirs';
trawler-world-list@samurai.com
Subject: Re: RE: Re: trawler-world-list V3 #109 (Florida Tax)
Why do we try to avoid (or is it evade) the taxes when they are duly
constituted by law? I realize that no one wants to pay taxes (I certainly
do not) but, when prescribed by law it would seem that one is taking a real
chance of getting into trouble as there was "intent" to evade.
I will
take delivery off shore and head for Mexico. I won't enter California for
at least 6 months and probably a year. When I do I will move around a bit
so that I don't get picked up on the tax rolls. I will also move back to
Mexico for the winters. All pretty much legal and above board.
I might also take offshore delivery of a boat in the State of Washington and
then keep it in Oregon for a while. Has the same effect as Mexico.
All fair tactics designed to prevent me giving the value of a nice
automobile to the State of California. You are of course free to make the
donation in my stead if you are of such a mind.
Jim
---======================
Jim I hope you can't find a policeman, fireman or ambulance when you need
one for they are all paid by taxes. Its a shame we have to support guys
like you.
AL
.
Captain Al Pilvinis
"M/V Driftwood"--Prairie 47
2630 N.E. 41st Street
Lighthouse Point, Fl 33064-8064
Voice 954-941-2556 Fax 954 788-2666
Email yourcaptain@earthlink.net
Website http://home.earthlink.net/~yourcaptain
Al -
You are often opininated but this is a little past that. Where do I live
Al? Do you feel some huge urge in Florida to pay taxes in California?
Tell you what Al - Given your vast desire to support California I will send
you the details and you can pay my taxes. You will feel good, I will feel
good and California will feel good. If we keep it away from your guardian
it should be OK.
By the way I pay for and receive excellent service from a first class police
and fire department where I live. No California services involved.
Jim
-----Original Message-----
From: owner-trawler-world-list@samurai.com
[mailto:owner-trawler-world-list@samurai.com]On Behalf Of Al Pilvinis
Sent: October 18, 1999 7:35 PM
To: jim_donohue@computer.org
Subject: Re: TWL: RE: RE: Re: trawler-world-list V3 #109 (Florida Tax)
I will
take delivery off shore and head for Mexico. I won't enter California for
at least 6 months and probably a year. When I do I will move around a bit
so that I don't get picked up on the tax rolls. I will also move back to
Mexico for the winters. All pretty much legal and above board.
I might also take offshore delivery of a boat in the State of Washington
and
then keep it in Oregon for a while. Has the same effect as Mexico.
All fair tactics designed to prevent me giving the value of a nice
automobile to the State of California. You are of course free to make the
donation in my stead if you are of such a mind.
Jim
---======================
Jim I hope you can't find a policeman, fireman or ambulance when you need
one for they are all paid by taxes. Its a shame we have to support guys
like you.
AL
.
Captain Al Pilvinis
"M/V Driftwood"--Prairie 47
2630 N.E. 41st Street
Lighthouse Point, Fl 33064-8064
Voice 954-941-2556 Fax 954 788-2666
Email yourcaptain@earthlink.net
Website http://home.earthlink.net/~yourcaptain
At 07:56 PM 10/18/1999 -0700, you wrote:
Al -
You are often opininated but this is a little past that. Where do I live
Al? Do you feel some huge urge in Florida to pay taxes in California?
Tell you what Al - Given your vast desire to support California I will send
you the details and you can pay my taxes. You will feel good, I will feel
good and California will feel good.
---======================
Jim -----------you should pay taxes where prescribed by law.
Florida says you won't have to pay them twice.
I'll take care of my own taxes and you yours. I think thats the way the
system works or would you like to change that also.
AL
.
Captain Al Pilvinis
"M/V Driftwood"--Prairie 47
2630 N.E. 41st Street
Lighthouse Point, Fl 33064-8064
Voice 954-941-2556 Fax 954 788-2666
Email yourcaptain@earthlink.net
Website http://home.earthlink.net/~yourcaptain