Tax plan is open to legal fight

Gov. Charlie Crist greets Christine Moore at her home in south Orlando on Tuesday as he pitches the tax-cut proposal that will be on the Jan. 29 ballot. [AP photo]

The Legislature's tax cut plan would deepen inequalities in Florida's tax system and could lead to a lawsuit by those who own nonhomestead property.

If that suit succeeded, the state might have two choices: give refunds to owners of businesses and second homes, or tell people who benefited under Save Our Homes that they have to pay that money back.

The state's own expert thinks the new plan is ripe for challenge. "I would think that's something a lawyer would find attractive," said Walter Hellerstein. He is an authority on tax law and was hired by the state to study what has become known as "portability," the politically popular plan to let owners of homestead property take their Save Our Homes tax break with them when they move.

Story here.

Comments

I demand that my investment price, and subsequent gain or loss – that I made of my own volition prior to a crash… be identical to that guy who invested 10-years ago in a better market!

Furthermore… I demand that the guy who bought the $10,000 Chevette, pay the identical taxes I paid for my $70,000 Hummer!

How do you people think I got rich to begin with?… on the backs of smarter but poorer people, that’s how!

SOH ROCKS!

11:06
It is not a rational basis when "the economic context of the primary homeowner at the time of purchase" is the same or less than his neighbor who pays much less than for the identical services. To support or advocate that policy is not rational. It is greed.

11:06
It is not a rational basis when "the economic context of the primary homeowner at the time of purchase" is the same or less than his neighbor who pays much less than for the identical services. To support or advocate that policy is not rational. It is greed.

Let’s just kill all the poor people, senior citizens, and school aged children… then we rich folk can have our way!

We’ll need to keep a few illegals around to clean our homes and mow our lawns. Bobby!, go buy a singlewide for the back 40!

Nice tie, Chuck… we can see that glowing right through a closet door!

11:24

I'm voting no for other reasons. The whole tax structure has to be changed, like revising the infinite sales tax exemptions for services, not just property taxes, and education at all levels, Pre-K thru college, cannot take any more hits. I am in favor, however, of keeping SOH and adding portability.

Check out that body language. The guy is definetely in the early stages of hubrice. It's soon going to evolve into a "bring 'em on" mentality. We all know what happens after that.

[ed]

NOW IF THE POLITICIANS IN TALLAHASSEE WOULD JUST ROLL BACK TAXES & SPENDING TO 2001-2002 LEVELS, THAT WOULD BE REAL PROPERTY TAX RELIEF-BUT THEY ARE ALL "IN BED TOGETHER"-NOTICE HOW CITY & COUNTY POLITICIANS ARE SO QUIET-THEY ARE GETTING WHAT THEY WANTED I.E.AN INSIGNIFICANT ROLLBACK-HOW ABOUT THAT, HOWARD??

I expect Chuck to announce that he invented the beach… at any time now. I hope and pray that ALL Florida voters see right through the baloney, and not only vote NO to this BS pacification attempt… but vote every damn one of these pandering, lying, politicians out of office.

11:34
Purchasers of property pay a sales tax of sorts. The cost of doc. stamps are based upon the purchase price of the house, just like your car purchase scenario. Neighbors who buy the identical Chevette pay the identical tax. Canadians or recent residents to Florida pay the same sales tax for the identically priced car. They also pay the same amount of gas tax when they purchase a gallon of gasoline.
Why should property taxes be any different? The snowbird uses less services than the full-time resident but has to pay more.
The " I've got mine" mentality on this issue is simple greed.

[terminator]

Will,
I'm beyond wondering or predicting what this collection of ninkompoops will do next.
1:00 press conference at FEA.
I suspect Andy will acquiesce to Charlie's charms.
What do you think?

[Will]

Terminator,

Andy will meet with Charlie after his Brazil trip. He will quietly state he will listen to Charlie's plan for replacing school taxes in that meeting, and wont make any decision until then.

[Will]

11:04

If you are in favor of SOH and portability, then the smart thing would be to vote yes, and then start or join a citizen initiative to reform the other taxes.

And if the citizens initiative is not successful in reforming the other tax issues, lose the current SOH protection. Not in your lifetime!!!

One would think that the legislature would have researched the legalities prior to coming up with the amendment. Of course, I guess that may be naive on my part.
However, as I see it, and this gets on the ballot, then is challenged, the prospect of tens of thousands having to pay back their savings from SOH will certainly put a lot a houses on the market. Most of those with SOH could not come up with that money without selling their homes. Then, who wins?

Will... STOP BLOGGING ON MY DIME, STAFFER! GET BACK TO WORK STEALING MY TAXES!... oh, and pick up your puppeteer's dry cleaning by 4:00.

Does it cost more for the street sweeper to go past my house compared to my neighbor's house?

Keep in mind I live on a cul-de-sac (pie shaped lot) and my neighbor has a corner lot...

[Lin]

I voted against SOH for the reason that has now come to pass - the inequalities would become unjustifiably large - but all homesteaded properties are treated equally under SOH; it's non-homesteaded property that's at the disadvantage, and promoting homeownership is a legitimate government purpose.

As such, as another poster above said, you SOH opponents need to get over it and move on to another means of correcting the problem. SOH is here to stay because it's what the majority wants, and it is constitutional (even if the portability element renders it susceptible to an equal protection attack, the cure would be to revert to the original amendment, ie. the status quo ante the new amendment re: portability).

I demand that my investment price, and subsequent gain or loss – that I made of my own volition prior to a crash… be identical to that guy who invested 10-years ago in a better market!

Furthermore… I demand that the guy who bought the $10,000 Chevette, pay the identical taxes I paid for my $70,000 Hummer!

How do you people think I got rich to begin with?… on the backs of smarter but poorer people, that’s how!

SOH ROCKS!

Where's Erin in that picture? Oh right.....it's Halloween...she must must be out scaring little children.

http://www.marcusmartenson.com/blog/pics_pub/ChuckyMad.jpg

IT'S PICTURE CAPTION TIME:

"Just look at that rock drop!"

[Suse]

Why would anyone who has SOH and makes and has a cush payment want to give that up? The answer is they shouldn't - everyone who owns a home in the same area should get the same cush payment and if you move, you get the cush payment of the new area you move to - not the higher one. The politicians never intended to lower taxes and we should have known that. The only way to get real tax relief is to take the people inniative and do it ourselves. NO ONE in Tallahassee is just going to give it to us. Stop complaining and just tell me where to signup for the initiative so I can email and tell as many people as I can. They did it in California, we can do it here too.

PICTURE CAPTION

Can you believe Charlie told me Little Chuckie was this big...

CAPTION:

Crist and Moore’s reaction to a reporters question; “Hey Chuck, you thinking of dating women now?”

I love seeing such issues litigated.

LITIGATE !!!!!!!!!!!!!!!!!!!!

Hopefully it is the beginning of the end for SOH in its entirety

Posted by: | October 31, 2007 at 06:43 AM

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NO AND HELL NO !!!!!!!!!!!!!!!!!

Yea, this new "relief" of $240 is pure bull****.

Let the proposal fail. Like Speaker Rubio said, the only way to get a good relief amendment is to do it ourselves.

California did it with Prop 13.
Colorado did it with TABOR Amendment.

If you want something done right, you have to do it yourself.

I hope Speaker Rubio and other legislators get behind the best citizens amendment

10:04,

Get your head out of the sand. How much is enough? I just got my tax bill for this year. It is $500 (9%) lower than last year. Add another $240 break for the rest of my life and it will take about 4 years before I pay as much as I did last year. Oh, and while I PLAN on staying in my home for the rest of my life, if something happens, the amendment gives me portability on my SOH. What more could I ask for?

I could ask for savings for poor seniors, but I won't. I could ask for savings for people who might move here from another state or country in the future, but I won't. I could ask for more for businesses and non homesteaded properties, but I won't. And, as the polling by the Senate showed, I won't vote for those things which would have the impact of making any proposal containing them mute when a 60% positive vote for the amendment is needed to get anything done.

So, do your thing Marco. But, I am going to punish with my votes and my money anyone or any group that works against this proposal. Period.

Hey 10:04 p.m., I have a great idea about what you can do to yourself . . . do you want to hear what it is?

Well said 10:34 PM. And we'll all be laughing our butts off when your self-interest SOH is taken away and your tax bill gets rammed up your posterior. Courts are funny things. Look at what happened with the first Amenment. This one may go through and last about a year until it gets thrown to the curb. So go ahead and PUNISH whomever you want. Your day of PUNISHMENT won't be far behind.

Best proposal:

Eliminate the school portion from property taxes for 1% more in sales tax. That would save homeowners about 40%. It's a good compromise that won't completely eliminate property taxes but would bring much needed relief to FL homeowners.

Roll back taxes 2 years & cap them from local government overspending would then help businesses & homeowners.

Problem solved & this plan would get overwhelming support by the people.