|
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.
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.
|