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Critics: taxing commercial leases penalizing Florida businesses

Commercial Leasing in Florida:

If you are a businessman in Florida, you are aware of the many qualities the state has that make establishing a business in Florida an attractive proposition.

After all, that's why you are here!

Notwithstanding the state's solid business and educational climate that help fuel commercial growth, though, not all Florida policies affecting business entities improve the corporate bottom line.

Take commercial leases -- a subject examined in several recent Florida business articles.

In one of those pieces, the executive officer of Florida TaxWatch (a nonprofit research group) refers to a singular tax burden placed upon state business owners that he terms "burdensome" and says needs to be cut or eradicated to improve Florida's business climate.

Specifically that is the sales tax imposed on every commercial lessee. TaxWatch notes that Florida is the only state in the country to put such a state and local tax burden on commercial renters.

A Florida Politics article commenting on the business rent tax states that it will be "one of the outstanding issues at play" in the upcoming session of the state Legislature. The publication notes that commercial lessees across the state collectively pay out more than $1.7 billion in rent taxes annually.

That puts landlords at a disadvantage with out-of-state competitors, charge critics who want the sales tax burden reduced or removed.

The bottom line with business players in Florida -- and certainly with lessees of commercial properties -- is that there are both opportunities and challenges.

A proven commercial real estate attorney with lit8igation skills -- can help diverse business clients promote core objectives while taking steps to reduce risks and costs.

If you are a professional dealing with commercial leasing in Florida, it's also important to have an understanding of some basics of Florida law concerning easements, adverse possession and boundary issues. Adverse possession claims arise probably more frequently from inadvertence and mistake over boundaries and errors in legal descriptions than from squatters taking over abandoned properties, although that happens also. I will be making two educational presentations on these topics at a seminar in Fort Myers June 8th. There will also be presentations on boundary disputes, water rights and utility easements. This is eligible for Continuing Education credits for engineers, surveyors, attorneys, architects and title insurance professionals.

It is Thursday, June 8, 2017 in Fort Myers FL at Courtyard by Marriott 4455 Metro Pkwy., Fort Myers, FL 33916 (239) 275-8600

Here's a link to the brochure:

Many thanks to my excellent Associate Attorney, Holly Rice, for her help in developing in-depth materials for the seminar participants!

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