[RPPTL LandTen] No Sales Tax Provision In Lease

[David Weisman]

Les:

I think the statute imposes the tax and states that it will be charged to the lessee by lessor and remitted:

212 (2)

The tax provided for herein shall be in addition to the total amount of the rental, shall be charged by the lessor or person receiving the rent in and by said rental arrangement to the lessee or person paying the rental, and shall be due and payable at the time of the receipt of such rental payment by the lessor or person, as defined in this chapter, who receives said rental or payment.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Thursday, June 21, 2012 3:40 PM
To: 'RPPTL Landlord Tenant Committee'
Cc: fadyanise at gmail.com
Subject: [RPPTL LandTen] No Sales Tax Provision In Lease

Good Afternoon All:

I have a client who negotiated themselves and entered into a commercial lease which does not contain a provision which would allow the Landlord to collect the sales tax chargeable under Florida law.

My client does not want to be declared in default for non-payment, so the further dilemma is (i) whether to pay it under protest and then "sue" for the return of the funds (the Lease requires arbitration for all disputes); (ii) refuse to pay and demand arbitration on the lease; (iii) put the money in my trust account and demand arbitration; or (iv) any other alternative you can think of.

What is everyone's experience with this situation....Is the Tenant exempt from payment since it is not referenced in the Lease?  How has this been handled by the Courts (from one's experience).

Thank you for your input.


Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

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