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Tax watch  Taxes across the nation

Because the federal income tax is the biggest and usually the first tax we see listed on our pay stubs, we naturally tend to focus on it.

But state government takes a bite out of our spending money, too. Bankrate will help you stay on top of what your localities are collecting -- income, sales, personal property or investment taxes, or often a combination of all.

Here's a look at some recent tax actions across the nation.

Part-time Florida residents lose tax-break fight
More and more Americans are buying second homes. In addition to providing personal vacation accommodations, many of the added household costs often are tax deductible.

But in some cases, a second house can mean more taxes. Just ask Stanley and Carol Reinish.

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The Chicago couple wanted the same property tax relief granted full-time Florida homeowners. A Florida appellate court said "no."

The Reinishes own residential property in Florida, where homeowners get a tax exemption that excludes the first $25,000 of a home's assessed value when computing property taxes. But the tax break only applies to an owner's "permanent residence." This clause, the Reinishes argued, violates federal equal protection laws.

The Reinishes believed the tax break should be extended to them, even though they admitted they stay in their Palm Beach County home only four or five months a year. They argued that they had to pay more than their lawful share of taxes on their Florida home because the tax break discriminates against them based on their out-of-state residency. The Reinishes wanted a refund of the extra residential real estate taxes they had paid since purchasing the second home in 1994.

The U.S. First District Court of Appeals, however, ruled in July that the state's homestead exemption is legally sound.

The law's classification is based primarily on the use of the property rather than the user's status, according to the appellate court. "Whether the person is a Florida resident or not," the court found, "only one homestead exemption is allowed, irrespective of how many other residences the person owns."

"In other words," the judges concluded, "the Florida exemption treats the Reinishes no differently from either Florida residents who rent, rather than own, a particular Florida real estate parcel, or Florida residents who use Florida real property as a secondary, seasonal, or vacation residence."

Mississippi flea markets face sale tax liability
Mississippi residents can still hold garage sales without state paying sales tax.

But when those unwanted household items are sold at more organized settings, the receipts will be subject to the state's 7 percent sales tax, according to new Mississippi State Tax Commission regulations.

The owner, promoter or operator of a flea market or antiques mall is the seller and must collect sales tax from each dealer, salesperson or individual for items sold by them at such events.

The state doesn't charge sales tax for "isolated, casual or occasional" sales of merchandise. But when that personal property is sold through auctions, flea markets, antiques malls or other similar establishments, sales tax has to be collected.

Auctioneers operating from an established place of business are considered to be in the business of selling tangible personal property, according to the regulation. Sales tax is due on money received from auction sales "regardless of how it may have been acquired or by whom it may have been owned."

Flea markets and antique malls are defined as businesses where nonpermanent spaces are provided for a fee to participants for the sale or exchange of secondhand articles, antiques and crafts.


-- Updated Aug. 24, 2000

 

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