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Airplane owners land in tax trouble
Maine and other states facing budget gaps are
putting a special levy on some visitors. One bill tops $175,000.
By Clarke Canfield, The Associated Press
January 22, 2008
PORTLAND, MAINE -- When Steve Kahn got a
$26,000 tax bill on his airplane, he thought Maine Revenue Services had made a
mistake. Kahn lives, works and keeps his plane in Massachusetts.
It turns out the bill was no error. It was part of the agency's efforts to
collect taxes on aircraft owned by out-of-staters even though they bought
their planes elsewhere and brought them to Maine only to visit.
A number of other states, stretching from Florida to Washington, are doing the
same as they grapple with budget shortfalls. The Internet makes it easier for
state officials to track the comings and goings of aircraft.
Many pilots are outraged.
"At best what Maine is doing is underhanded and devious. At worst it is
illegal," Kahn said. "Either way, it's wrong."
Maine officials say they are simply enforcing the state's tax laws when they
send bills -- into six figures -- to out-of-state plane owners.
At issue in Maine is the state's use tax, which applies to many goods and
services bought out of state that are not subject to sales tax. In the case of
airplanes, tax officials say the law allows them to collect a 5% use tax from
people who didn't pay sales taxes on their planes if they brought their plane
to Maine for more than 20 days, excluding time for maintenance and
alterations, in the first year of ownership.
"We're charged with administering the law," said David Bauer, a tax
policy analyst with Maine Revenue Services. "We didn't write it."
Use taxes have been on the books for decades, but the first time tax attorney
Jon Block saw the state go after somebody who lives and keeps their plane out
of state was three years ago.
Block, of law firm Pierce Atwood in Portland, represents seven people from
Massachusetts, Connecticut, Maryland and Florida who received bills this year
ranging from about $16,000 to $175,000. His clients for the most part fly to
Maine on business or to visit vacation homes.
"These people are dumbfounded," Block said. "They feel like
they've been taken to the cleaners."
He contends that in addition to being unfair, the precise wording of Maine's
use-tax law makes his clients exempt from the tax.
Other states are also stepping up efforts to collect use, lease and property
taxes from out-of-state plane owners, said Louis Meiners, president of
Advocate Aircraft Taxation Co. of Naples, Fla., a consulting firm for aircraft
owners with 1,600 clients nationwide.
Florida assesses a 6% use tax on plane owners who didn't pay sales tax on
their planes and bring them to Florida even once within six months of the
purchase date. Washington state assesses a use tax of up to 8.9% if a plane is
in Washington for more than 90 days in any continuous 12-month period.
Illinois is assessing taxes on out-of-state plane owners as well, Meiners
said.
These days, the Internet makes it easier for tax collectors to track planes'
whereabouts on the Web or through FAA records, Meiners said. Some plane owners
have received letters of inquiry and bills from multiple states demanding
payment or proof that they have paid sales taxes in their home states, he
said.
"What we have is a real potential for double taxation and triple taxation
and endless taxation in the way the states try to enforce it," he said.
Kahn, a partner in a Boston financial services company, didn't pay a sales tax
when he bought his plane five years ago because Massachusetts exempts planes.
He often flies to Rockland, Maine, to visit his vacation home. He also flies
as a pilot in the national Angel Flight program to pick up patients in rural
Maine and bring them to Boston-area hospitals free of charge.
He has appealed his tax bill. If his appeal fails, he could take the case to
court. "I don't mind paying taxes when I owe them, but this is
underhanded."
Out-of-staters who fly to Maine for business have also received hefty bills.
Brian Cleary of Longboat Key, Fla., flies to Bethel, Maine, on business to
tend to his timber and property management company, Saddle Ridge Holdings.
When he got a bill for more than $175,000, it seemed so farfetched that he
thought the state had made a clerical error.
Now, he is so angry that he said he has stopped buying land and timber in
Maine and is preparing to move his holdings to New Hampshire. Maine, he said,
should embrace people like him who want to invest in the state.