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Tax Litigation Update Feb 22, 2012

02/22/2012 9:11 PM | Anonymous

Beach leaseholders are still waiting for the Florida Supreme Court to decide if it will accept jurisdiction for two tax cases – one involving the taxation of leased improvements for 2,500 Pensacola Beach residents, and one involving the taxation of leased land for Navarre Beach residents.  Unfortunately, at this time all we can do is wait.

Danny Kepner, attorney with Shell Fleming Davis & Menge, has filed cases against the County tax authorities to contest the taxation of both the land and the improvements for 2011. Until these cases are finally decided, each leaseholder should make his or her own decision whether to pay the 2011 taxes.

The Escambia County Board of Commissioners stated in October, 2011 that it believed that the taxation of land on Pensacola Beach represents “double taxation”, which is unjust.  They have agreed to escrow 2011 taxes related to the taxation of Pensacola Beach land so funds will be available to either (A) refund the taxes if the courts rule in the leaseholders’ favor, or (B) refund lease fees if the taxation of land is upheld by the courts. Your PBA is working with the County to assure that the correct amount of taxes is escrowed (originally the County was not going to escrow any taxes relating to condominium land), and with the SRIA to determine how a refund of lease fees should be accomplished if the courts rule in our favor.

For more information visit the Tax Suit webpage at http://www.pbeachtaxsuit.com/.

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