Tag: aviation tax lawyer

Florida Aircraft Repair Maintenance Exemption – Aircraft Tax Lawyer Ari Good

Aircraft Repair and Maintenance Exemption in Florda
It’s good to turn wrenches

Florida Aircraft Repair Maintenance Exemption:  As a friendly reminder to aircraft owners (and snowbirds) nationwide, be advised that Florida wisely modified the “repair and maintenance” exemption this past June to apply to smaller, in fact most, planes, giving greater tax benefits to small aircraft owners having work done on their planes in Florida.

The aircraft repair and maintenance exemption in Florida has since 1994 provided that “repair and maintenance” labor charges are tax-exempt when performed on aircraft with a MTOW of greater than 15,000 pounds (10,000 pounds for helicopters).  Parts and equipment remained taxable “except as otherwise provided” in the exemption statute.  Fortunately for the airplane owner, the statute does indeed otherwise provide that “equipment used in aircraft repair and maintenance” (including replacement engines, parts and equipment used for such activities) is also tax exempt when used for these purposes.

Taxpayer information publication TIP #12A01-04 extends this exemption to planes weighing 2,000 pounds or more. This will obviously apply to most owner-pilot, single piston aircraft using the plane partially or wholly for business.

Also welcome are provisions of the Florida Administrative Code that provide that “labor, parts and materials used and actually incorporated into and becoming a component part of [the aircraft] in rebuilding repairing or reconditioning same for resale or exclusively for leasing are exempt.”  Since many of you have airplanes in leasing company is for purposes of Florida’s “sale for resale” exemption, you may enjoy these provisions and reap considerable Florida sales tax and use tax cost savings.

Please contact me at 877-771-1131 for more information about this exemption, possible pitfalls and how I can make this work for you.

 

Maine eliminates sales and use tax on aircraft

Effective July 1, Maine, traditionally among the more agressive states when it came to pursuing even temporary visitors for use tax, no longer charges sales or use tax on aircraft, their parts or services. The change resulted in several aviation businesses quickly announcing plans to expand their facilities. Notwithstanding the loss of tax revenues the change will have a net positive effect on the Maine economy: its location on the eastern seaboard made it easy for aircraft owners to do their buying in surrounding states, most of which do not charge sales or use tax on aircraft.

A Bad Idea In Connecticut

Connecticut Governor Dannel P. Malloy wants to close the state deficit by ending tax exemptions on repairs and services to aircraft, and by adding a yearly registration fee to planes stored in the state. This is problematic for general aviation, and for Connecticut for that matter, for several reasons. First, Connecticut exempts the purchase and storage of aircraft exceeding 6,000 pounds CTW from sales and use tax, and exempts repairs and the associated parts sales from the same. This has been a boon for Connecticut when it comes to New Yorkers, among others, looking for an economical place to store and service their aircraft, which, of course, can be moved elsewhere much more easily than a yoga studio. The Governor might also consider revisiting the geography of the Northeast. Larger aircraft owners, weighing the costs and benefits of storing their planes in other states, have other alternatives within the same geographical area. A slightly higher inconvenience may outweigh the dramatically increased costs of doing business in Connecticut. The Governor should look beyond the next fiscal year in evaluating what might be the long term impact on the state of eliminating these popular and useful exemptions.

NBAA’s Handy State Tax Guide

The National Business Avaition Association publishes a very handy “quick reference” tool to state laws concerning aircraft sales and use tax, aircraft registration, fuel tax and related tax issues. This service is free to NBAA members with usernames and passwords to www.nbaa.org. This service resembles, though certainly doesn’t replace, a similar compilation available through publisher Conklin & DeDecker.

Whatever resource you use, however, must be current as to recent tax law changes. Florida only recently, for example, created new provisions governing sales and use tax applied to aircraft returned here within 180 days of purchase. Contact a qualified aircraft tax advisor for details and the most recent updates. Also visit our website, at https://www.goodattorneysatlaw.com/aviation.html.