[RPPTL LandTen] Sales/Tourist Tax

Tue Sep 3 09:02:42 PDT 2019

If anyone wishes to get involved, their email in Lee County is
touristtax at leeclerk.org , attention Kathi.

I just spoke with "Kathi" at the local DOR office who stood firm on this. I
explained that hundreds if not thousands of apartment communities use the
Early Termination/Liquidated Damages Addendum as part of what is called the
Blue Moon/Florida Apartment Association Lease, AND, it is an addendum to the
FAR/BAR lease as provided for (and written by me and a couple other people)
way back when. Possibly around 2005.

We helped draft this law and push it through after the massive class actions
spawned by Yates v. Equity Residential in 2003.

If the powers that be are to take this position, it would impact hundreds if
not thousands of apartment communities and possibly tens or hundreds of
thousands of landlords using the FAR/BAR lease.

Let's hope this is a local agent's misinterpretation.

I must say that I always wondered about this as it is pretty clear that it
does conflict with the DOR definition of "bonafide lease" if it indeed can
be terminated. This termination comes with a penalty though if they pick
Option #1.

We really need a contact high up in the DOR. 

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

 <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> 

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Tuesday, September 03, 2019 11:19 AM
To: RPPTL Landlord Tennant Committee; RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Sales/Tourist Tax

Likely just one agent's misinterpretation. 

David  Weisman

Partner

Board Certified Real Estate Lawyer

Greenspoon Marder LLP

200 E. Broward Blvd., Suite 1800

Fort Lauderdale, FL 33301    

Phone 954-491-1120 Ext. 1015

Direct Phone 954-343-6941

 <mailto:David.Weisman at gmlaw.com> David.Weisman at gmlaw.com

 <http://www.gmlaw.com/> www.GMlaw.com

gm-horizontal-bw_nolaw2 (2)

From: landtencl-bounces at lists.flabarrpptl.org
<landtencl-bounces at lists.flabarrpptl.org> On Behalf Of Brenda Ezell
Sent: Tuesday, September 3, 2019 11:17 AM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>; RPPTL
Landlord Tennant Committee <landtencl at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTenCL] [RPPTL LandTen] Sales/Tourist Tax

This is unbelievable. I will forward this to the Commercial Real Estate
Committee for distribution on their listserv as well.  Thanks Harry.

Brenda

Regards,

Brenda B. Ezell, B.C.S.

3560 Cardinal Point Drive, Suite 202

Jacksonville, FL 32257

904.432.3200 (o) 

904-432-3201 (f)

<https://urldefense.com/v3/__http:/www.ezellfirmpa.com/__;!vMT899AqH_k!3_L7U
KplxQSqvxRislLuszZ0klv2HX_XccrZO7uWlnVf5VXNyXg3bmMZN6mq5jwF1WQ$>
www.ezellfirmpa.com [ezellfirmpa.com]

CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are
confidential and may contain information which is legally privileged or
otherwise exempt from disclosure. They are intended solely for the use of
the individual or entity to whom this e-mail is addressed. If you are not
one of the named recipients or otherwise have reason to believe that you
have received this message in error, please immediately notify the sender
and delete this message immediately from your computer. Any other use,
retention, dissemination, forwarding, printing, or copying of this e-mail is
strictly prohibited.

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Tuesday, September 3, 2019 10:56 AM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>;
landtenCL at lists.flabarrpptl.org
Subject: [RPPTL LandTen] Sales/Tourist Tax

Here is a doozy.

A local DOR office is saying if the lease has the Early Termination Addendum
a/k/a Liquidated Damages Addendum (and that would be in the FAR/BAR lease
and the Blue Moon-Florida Apartment Lease used by hundreds if not thousands
of apartment communities in Florida and is provided for in law) the landlord
must pay sales/tourist tax as it is not a "bona fide lease".

Does anyone have a contact high up in the DOR?  This could easily render a
million or more current leases in effect taxable as seasonals if they take
this position.

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:
<https://urldefense.com/v3/__http:/www.evict.com/__;!vMT899AqH_k!3_L7UKplxQS
qvxRislLuszZ0klv2HX_XccrZO7uWlnVf5VXNyXg3bmMZN6mqbQavFyg$> www.evict.com
[evict.com] 
Email:  <mailto:harry at evict.com> harry at evict.com

<https://urldefense.com/v3/__https:/www.facebook.com/pages/Heist-Weisse-Wolk
-PA/343965575625870__;!vMT899AqH_k!3_L7UKplxQSqvxRislLuszZ0klv2HX_XccrZO7uWl
nVf5VXNyXg3bmMZN6mqG3lLhyM$> [facebook.com]

Visit us on Facebook

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND
INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR
DISTRIBUTION IS STRICTLY PROHIBITED.

GREENSPOON MARDER LLP LEGAL NOTICE 
The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please notify us immediately by
reply e-mail.  

Unless specifically indicated otherwise, any discussion of tax issues
contained in this e-mail, including any attachments, is not, and is not
intended to be, "written advice" as defined in Section 10.37 of Treasury
Department Circular 230.

A portion of our practice involves the collection of debt and any
information you provide will be used for that purpose if we are attempting
to collect a debt from you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20190903/6f7a496e/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 1153 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20190903/6f7a496e/image004-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 3112 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20190903/6f7a496e/image005-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 5121 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20190903/6f7a496e/image007-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 2797 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20190903/6f7a496e/image008-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 1153 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20190903/6f7a496e/image009-0001.png>