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Insights Business & Tax Blog

Sales Tax Applies to Payments by Tenants for Leasehold Improvements Unless Certain Conditions are Satisfied

June 9, 2014 Sales Tax

A recent ruling by the Florida Department of Revenue indicates when sales tax will be imposed on leasehold improvements required to be made by a tenant pursuant to a commercial lease. In Technical Assistance Advisement 13A-023, the Department concluded that such leasehold improvements would be considered rent subject to sales tax…

A Proposal to Better Protect Capital Gains for Real Estate Investors Before Development

June 2, 2014 Capital Gain Transactions

We have discussed a structuring technique real estate investors use to protect the lower-federal-income-tax-rate-long-term-capital-gain treatment of real estate gains, before property is converted to an active development purpose that creates higher-tax-rate income. The structuring requires property transfers and the use of multiple business entities, which decreases transparency for the government…

Three Florida Sales Tax Holidays in 2014

May 19, 2014 Sales Tax

Governor Rick Scott recently signed legislation providing for three separate sales tax holidays in 2014 for purchases of hurricane supplies, school supplies, and energy-efficient appliances. The sales tax holiday for hurricane supplies runs from May 31 through June 8, 2014, and covers (a) portable self-powered light sources selling for $20…

Protect Capital Gains for Real Estate Investors Before Development

May 13, 2014 Capital Gain Transactions

In January we noted a new Tax Court case, Pool v. Commissioner, addressing the boundaries of a structuring technique real estate investors use to protect the lower-federal-income-tax-rate-long-term-capital-gain treatment of real estate gains, before property is converted to an active development purpose that creates higher-tax-rate income. Tax Court Sets Boundaries For Predevelopment Capital…