How did Florida tax transfers of beneficial interests in motor-vehicle leases among a trust and series LLCs?

Plain-English summary

Moving beneficial interests in the vehicle leases was not a Florida retail sale. The trustee kept legal title to the leased vehicles, remained the lessor, and no transfer required retitling or reregistration. Because title or possession did not move, the transfers failed one element of Florida's definition of a sale even though consideration flowed from the beneficial interests.

The corporate-income-tax results were more limited. Florida generally would follow the federal classification of the series LLC unless it conflicted with Florida law. But the business trust and LLC were separate entities for Florida purposes unless they filed in the same consolidated group, so a transfer from the trust to the LLC could require income recognition. Periodic transfers followed federal recognition concepts, with trust-to-LLC transfers likewise recognized absent consolidated treatment.

For annual intangible tax, the wholly owned single-member LLC without Florida nexus could receive the undivided trust interest and file within the qualified affiliated group without tax on that intercompany interest.

What this means for you

The same restructuring can produce different answers under different Florida taxes. Keeping vehicle title unchanged avoided sales tax here, but it did not automatically eliminate corporate income recognition between separate entities.

Common questions

Q: Why were the beneficial-interest transfers not retail sales? Trustee Corp. kept title and possession of the vehicles, so the transfers did not satisfy the title-or-possession element of a sale.

Q: Did Florida simply disregard every entity in the structure? No. It generally followed federal LLC classification, while treating the business trust as a corporation under Florida law.

Q: Did the ruling decide section 1031 nonrecognition? No. The taxpayer withdrew that request.

Citations and references

• Fla. Stat. § 212.02(15)(a) — elements of a sale
• Fla. Stat. § 220.03(1)(e) and § 608.471 — LLC classification
• Fla. Stat. § 199.052(10) — affiliated intangible-tax returns
• Fla. Stat. § 213.22 — Technical Assistance Advisements

Source

• Landing page: Florida Tax Law Library
• Advisement: TAA 02M-009

Original ruling text

SUMMARY

Sales and Use Tax

QUESTION: Whether the assignment/transfer of a beneficial
interest in a lease of a motor vehicle from a trust
interest to a series of LLCs is a sale subject to tax for
Florida sales and use tax purposes?

ANSWER - Based on Facts Below: The transfer of beneficial
interests does not constitute a sale at retail subject to
Florida sales and use tax since none of the transfers or
subsequent transfers of the beneficial interests will
require retitling or reregistration of the leased vehicles.
Since legal title to the leased vehicles will continue to
be vested in and held by the original owner.

Corporate Income Tax

QUESTION: Will Florida follow the federal "check the box"
treatment of a Delaware Series LLC set forth in a private
letter ruling issued to the taxpayer?

ANSWER - Based on Facts Below: Yes. Generally speaking,
Florida will follow IRS "check the box" treatment for an
LLC, unless that treatment conflicts with Florida law.

Intangible Tax

QUESTION: Whether single member non-Florida nexus LLC
subsidiary of a Corporation may receive the assignment of
the UTI in the Delaware LLC and not be subject to tax as a
member of the Corporation's affiliated intangible tax
group?

ANSWER - Based on Facts Below: Since the non-Florida nexus
LLC is wholly owned by the Taxpayer, it may receive the
Undivided Trust Interest in the out-of-state LLC and file
as a part of the affiliated group without being subject to
the intangible tax.

Nov 27, 2002

Re: Technical Assistance Advisement 02M-009
XXX ("Corporation" or "Taxpayer")
Beneficial Interests in Leases of Motor Vehicles
Sections 212.02(15)(a), 220.03(1)(e), 220.44, 608.471,
199.052(10), F.S.

Dear :

This is in response to your letter of June 26, 2002, in which
you requested the issuance of a Technical Assistance Advisement
(TAA) pursuant to s. 213.22, F.S., and Ch. 12-11, F.A.C.,
regarding the referenced matter. The Department has carefully
examined your request and supporting documents and finds them to
be in order.

Statement of Facts

A. Taxpayer Information

Corporation, a Florida corporation, has formed a limited
liability company, ("LLC") of which a leasing company ("LC")
initially will be the sole member. LC is an existing limited
partnership. The LLC will exist for the purpose of acquiring
beneficial interests in certain motor vehicles that have been
leased to retail customers ("Leased Vehicles") and the related
leases ("Leases") until such Leases are terminated. Each such
beneficial interest in a Lease and the related Leased Vehicle is
referred to as a "Unit." The LLC will be used to facilitate
certain existing and future financing arrangements involving
portfolios of Leased Vehicles and Leases.

B. Statement of Facts

Corporation is a wholly owned subsidiary of Parent and is a
member of the Parent affiliated group that files a consolidated
federal income tax return with the Internal Revenue Service and

appropriate tax returns with Florida and other states, including
a Florida affiliated intangible tax return.

Parent, through its subsidiaries, provides a full range of
automotive-related distribution and financial services to auto
dealerships in various states including XXX states (the "FiveState Area"). Corporation provides, among other financial
services, lease financing to retail customers of automotive
dealers both within and without the Five-State Area.

C. Overview of Corporation's Current Leasing Operations

Corporation, in the course of its business, currently through a
business trust formed under the laws of (the "Trust"), regularly
purchases motor vehicles that motor vehicle dealers ("Dealers")
have leased to retail customers. All of the beneficial
interests in the Trust are owned, directly or indirectly, by
Corporation, and the Trust does not file separate federal income
tax returns; rather all of its income and expenses are reported
on Corporation's income tax returns. Dealers offer to lease
vehicles for predetermined lease periods to their customers
according to terms approved by Corporation, generally ranging
from 24 to 60 months. Dealers then assign the Leases at
Corporation's direction, to the Trust. Corporation, acting as
servicer for the Trust, disposes of Leased Vehicles as the
related Leases terminate and directs title to the applicable
purchasers. Title to each of the Leased Vehicles is currently
held by Trustee Corp. as trustee of the Trust.

1. Separate Pools of Assets

a. The "SUBIs"

The Units held by the Trust are divided into separate pools.
The beneficial interests in the pools of Units allocated to
certain securitizations and leveraged lease transactions are
referred to as "special units of beneficial interest" of the
Trust ("SUBIs"). The Trust has issued, with respect to each
SUBI, a certificate (each, an "SUBI Certificate)" representing
the entire beneficial interest in such SUBI. Each of the SUBI
Certificates has been issued to a securitization trust or to

another special purpose entity in conjunction with a
securitization, secured financing or similar transaction.

b. The UTI

Units that are not allocated to the SUBIs are allocated to the
"undivided trust interest" of the Trust (the "UTI"). A
certificate representing the entire beneficial interest in the
UTI (the "UTI Certificate") has been issued to LC.

c. Separation of Asset Pools in the Trust

The separate pools of assets in the Trust are established by
means of mutual express contractual waiver and subordination
among the respective beneficial owners thereof. Holders of
beneficial interests in the Trust must waive claims to all Units
and other assets of the Trust that are not allocated to their
beneficial interest. Units may be reallocated from time to time
from the UTI to an SUBI or from an SUBI to the UTI. Each such
reallocation is accomplished by notation on the books and
records of Trustee Corp., as trustee of the Trust, and does not
require retitling of the related Leased Vehicles nor transfer of
Units outside of the Trust.

D. The Proposed LLC

Corporation has formed a new series limited liability company
(the "LLC" and, together with the trust, the "Titling Companies"
and each a "Titling Company") with functions analogous to those
of the existing Trust. Trustee Corp., will hold title to newly
originated Leased Vehicles that are acquired for the benefit of
the LLC as trustee for a common law trust formed with respect to
each series of the LLC. In addition, Trustee Corp. on behalf of
such common law trust will be the named lessor under the related
Leases. Corporation will act as servicer on behalf of the LLC of
the Units held by such company.

1. New UTI

The LLC will be divided into separate series of limited
liability company interests as described below. A separate pool

of Units will be allocated to each series. LC will own the
entire limited liability company interest in the series
analogous to the UTI (the "New UTI") as holder of the
certificate (the "UTI Certificate") representing such interest.

2. New SUBIs

Each other series of limited liability company interest of the
LLC will be represented by a certificate issued by the LLC that
will be analogous to an SUBI (the "New SUBI"). Units may be
reallocated from time to time from the New UTI to a New SUBI,
from a New SUBI to the New UTI or from one SUBI to another SUBI.
Each such reallocation will be accomplished by notation on the
books and records of U.S. XXX, as administrator of the LLC (the
"LLC Administrator"), and will not require retitling of the
related Leased Vehicles. Following each such reallocation,
title to the Leased Vehicles will be and remain in Trustee
Corp., and Trustee Corp. will remain the lessor under the
related Leases.

3. Separation of Asset Pools in the LLC

The LLC will be a series limited liability company under the
Limited Liability Company Act (the "Act"). Under Section XX of
the Act, if a limited liability company establishes multiple
series under its limited liability company agreement and meets
certain other criteria, then "the debts, liabilities and
obligations incurred, contracted for or otherwise existing with
respect to a particular series shall be enforceable against the
assets of such series only, and not against the assets of the
limited liability company generally or any other series
thereof." The New UTI and each New SUBI will be formed as a
separate "series" of a single limited liability company within
the meaning of the Act. Under the Act, the respective series
are not separate legal entities, but rather are separate pools
of assets within a single legal entity. The LLC Administrator
will maintain books and records pursuant to the LLC Agreement
with respect to the Units allocated from time to time to the UTI
and each SUBI.

4. Federal Income Tax Treatment

For purposes of this ruling request, the New UTI and each New
SUBI will be treated as a separately characterizable entity for
federal income tax purposes and, because the limited liability
company interest in any series will be held by a single holder,
such series will be disregarded for tax purposes vis-a-vis such
holder.

E. "Phase Out" of the Origination Trust and Replacement with the
LLC and Proposed Transactions

It is contemplated that the Trust will be gradually "phased out"
and replaced by the LLC: (1) by movement of certain Units from
the Trust to the LLC and (2) by causing the Units relating to
newly-originated Leases and related Leased Vehicles to be
acquired by or for the benefit of the LLC rather than by the
Trust. In order to facilitate this process, Corporation will
cause certain financing Arrangements secured by Units held by
the Trust to be secured also by Units held with respect to the
LLC. Trustee Corp. will at all times be the record titleholder
of the Leased Vehicles and the named Lessor under the Leases.

1. The Initial Reallocation

In order to facilitate the phase-out of the Titling Company
while accommodating the existing financing arrangements,
Corporation will cause certain Units to be moved from the Trust,
specifically those held in the UTI, to the LLC (the "Initial
Reallocation"). The Initial Reallocation will be accomplished
without retitling the vehicles.

To effectuate the Initial Reallocation of the Units held in the
UTI to the LLC, first, all of the Units in the UTI will be
reallocated to a newly-created SUBI of the Trust (the
"Reallocation SUBI") which will be beneficially owned by the New
UTI of the LLC and, second, the Trust, acting with respect to
the Reallocation SUBI, will transfer all of its right and
interest in the Units allocated to the Reallocation SUBI to the
LLC for allocation to the New UTI.

It is represented for purposes of this ruling request that for

federal income tax purposes these reallocations will not cause
recognition of income.

2. Periodic Further Reallocations of Units from UTI to UTI

After each of the secured financings are terminated, the Units
allocated to the applicable SUBIs will be reallocated to the
UTI. In addition, Units may be reallocated from time to time to
the UTI if they are determined to be ineligible for inclusion in
the secured financings. As a part of the plan to "phase out"
the Trust, any such Units will then be reallocated to the
Reallocation SUBI and moved into the LLC for allocation to the
New UTI in the same manner as described for the Initial
Reallocation. After all of the Units held by the Trust have
been moved to the LLC in this manner, the Trust will be
liquidated or merged into the LLC. Title will remain with
Trustee Corp. at all times.

3. Registration of Various Entities as Dealers

Trustee Corp. is registered as a dealer for Florida sales and
use tax purposes.

4. Acquisitions and Dispositions Made Through Qualified
   Intermediary

Certain acquisitions and dispositions of Units made from time to
time by the LLC, and certain dispositions of Units made from
time to time by the Trust, will be made through a specialpurpose subsidiary of a financial institution that will serve as
a qualified intermediary for certain like-kind exchange
transactions under Section 1031 of the Internal Revenue Code
(the "Qualified Intermediary"). Under those transactions,
Corporation will assign to the Qualified Intermediary
Corporation's rights under agreements (1) with dealers to
acquire newly-originated Leases and related Leased Vehicles and
(2) with various purchasers to sell Leased Vehicles at the
termination of the related Leases. It is represented for
purposes of this ruling request that for federal income tax
purposes, the Qualified Intermediary will be deemed to have (1)
acquired from dealers and sold to Corporation or the LLC such

newly-originated Leases and related Leased Vehicles and (2)
acquired from Corporation or the applicable Titling Company and
sold to the applicable third-purchaser such Leased Vehicle
subject to terminated Leases.

Requested Rulings for Sales and Use Tax

"1. The one-time assignment/transfer of Units from the UTI to a
series in the LLC is not a sale subject to tax for Florida sales
or use tax purposes."

"2. The periodic movement of beneficial interests in vehicles
and leases (a) between an SUBI and the UTI, (b) among series in
the LLC or (c) between the Trust and any series within the LLC
is not a "sale" for sales and use tax purposes."

"3. A transfer or deemed transfer of Units or in the proceeds
thereof between Corporation and the Qualified Intermediary will
not be treated as a sale for sales tax purposes."

4. The periodic assignment/transfer of Units (a) between an SUBI
   and an UTI, (b) among series within the LLC or (c) between the
   Trust and any series within the LLC will not be subject to sales
   or use tax.

Applicable Law

Section 212.02(15)(a), F.S., provides the requisite elements of
a "sale" for the purposes of imposing Florida sales tax and
establishes a two prong test, both prongs of which must be
satisfied in order for a transaction to constitute a "sale."
These prongs, are, namely: (i) the transfer of title or
possession, or both, of tangible personal property; and (ii) the
flow of consideration in exchange for the transfer of title or
possession, or both, of the tangible personal property. In
general, the taxpayer making the sale is required to bill the
tax to the purchaser and remit the applicable sales tax to the
State.

Discussion & Analysis

Under the above requested ruling transactions proposed by the
taxpayer, the title to the Leased Vehicles is not transferred.
Trustee Corp. at all times will hold title to the Leased
Vehicles, and it remains the lessor under the Leases. In terms
of the first prong test, a transfer of title on the Leased
Vehicles has not occurred.

The second prong of the test is the flow of "consideration."
The transfer of beneficial interests in the Leased Vehicles in
all specified circumstances appears to be in the form of
distributions of the proceeds of the sale of the Vehicles. Each
of the parties will receive a "consideration" from its
beneficial interest in the Leased Vehicles. However, the
transfer of the beneficial interest (the Unit) in all of the
specified circumstances does not appear in the chain of title,
or in the possession of the Leased Vehicles. Under such
circumstances, the transfer of the beneficial interest fails the
first prong of the test establishing a "sale," as defined in s.
212.02(15)(a), F.S. Sales and use tax will not be imposed upon
the proceeds received by each of the parties from the transfer
of the beneficial interests (Units). The transfer of beneficial
interests (Units) does not constitute a sale at retail subject
to Florida sales and use tax. None of the transfers or
subsequent transfers of the beneficial interests will require
retitling or reregistration of the Leased Vehicles, because
legal title to the Leased Vehicles will continue to be vested in
and held by Trustee Corp.

Requested Rulings for Corporate Income Tax

"1. Each series within the LLC is a separately characterizable
entity, each of which is a disregarded entity vis-a-vis the
holder of the limited liability company interest in such series
for federal income tax purposes, will also be a similarly
disregarded entity for Florida corporate income tax purposes."

"2. The one-time assignment of Units from the UTI to a series of
the LLC will not trigger a Florida corporate income tax
liability."

"3. The periodic movement of Units (a) between an SUBI and the

UTI, (b) among series within the LLC or (c) between the Trust
and any series within the LLC does not trigger a Florida
corporate income tax liability."

"4. Assuming that for federal income tax purposes, the exchange
of units through a qualified intermediary qualify under IRC
Section 1031 as a nonrecognition transaction, that no gain will
be recognized on the exchange transaction for Florida corporate
income tax purposes."

By letter dated October 7, 2002, the Taxpayer withdrew its
fourth ruling request - whether the Department will follow IRC
Section 1031 nonrecognition treatment.

Applicable Law

Section 220.03(1)(e), F.S., provides in part:

"Corporation" includes all domestic corporations, foreign
corporations qualified to do business in this state or
actually doing business in this state; joint-stock
companies; limited liability companies, under chapter 608;
common-law declarations of trust, under chapter 609;
corporations not for profit, under chapter 617;
agricultural cooperative marketing associations, under
chapter 618; professional service corporations, under
chapter 621; foreign unincorporated associations, under
chapter 622; private school corporations, under chapter
623; foreign corporations not for profit which are carrying
on their activities in this state; and all other
organizations, associations, legal entities, and artificial
persons which are created by or pursuant to the statutes of
this state, the United States, or any other state,
territory, possession, or jurisdiction. The term
"corporation" does not included proprietorships, even if
using a fictitious name, partnerships of any type, as such;
limited liability companies that are taxable as
partnerships for federal income tax purposes; state or
public fairs or expositions, under chapter 616; estates of
decedents or incompetents; testamentary trusts; or private
trusts.

Section 608.471, F.S., provides:

(1) A limited liability company classified as a partnership
for federal income tax purposes, or a single member limited
liability company which is disregarded as an entity
separate from its owner for federal income tax purposes,
and organized pursuant to this chapter or qualified to do
business in this state as a foreign limited liability
company is not an "artificial entity" within the purview of
s. 220.02 and is not subject to the tax imposed under
chapter 220. If a single member limited liability company
is disregarded as an entity separate from its owner for
federal income tax purposes, its activities are, for
purposes of taxation under chapter 220, treated in the same
manner as a sole proprietorship, branch, or division of the
owner.

(2) For purpose of taxation under chapter 220, a limited
liability company formed in this state or authorized to
transact business in this state as a foreign limited
liability company shall be classified as a partnership, or
a limited liability company which has only one member shall
be disregarded as an entity separate from its owner for
federal income tax purposes, in which case the limited
liability company shall be classified identically to its
classification for federal income tax purposes. For
purposes of taxation under chapter 220, a member or
assignee of a member of a limited liability company formed
in this state or qualified to do business in this state as
a foreign limited liability company shall be treated as a
resident or nonresident partnership unless classified
otherwise for federal income tax purposes, in which case
the member or assignee of a member shall have the same
status of such member or assignee of a member has for
federal income tax purposes.
...

Discussion & Analysis

The first question presented by the Taxpayer involves the

treatment of a LLC under the Florida Income Tax Code. The
Taxpayer has asked whether the Department will follow the
federal income tax treatment of a Limited Liability Company. A
LLC is a special type of limited liability company that utilizes
the provisions of Section XX of the XX Code. Specifically, a
single limited liability company is created; however, within
that limited liability company, numerous separate membership or
ownership interests exist that have separate rights, powers or
duties with respect to specified property or obligations. The
XX statute provides that none of the debts, liabilities, or
obligations of the limited liability company can be enforced
against the assets of these separate ownership or membership
interests (a "series") and that separate management may be
vested in each of the series owners.

Section 220.03(1)(e), F.S., defines the term "corporation" for
purposes of the Florida Income Tax Code, and further provides
that the term "corporation" does not include a limited liability
company that is taxed as a partnership for federal income tax
purposes.

Section 608.471, F.S., generally provides that, for purposes of
Chapter 220, F.S., a foreign limited liability company qualified
to do business in this state is disregarded as an entity
separate from its owner unless classified otherwise for federal
income tax purposes.

The Internal Revenue Service has not authoritatively addressed
the federal income tax treatment of a LLC. The Taxpayer has
advised that it has applied to the IRS for a private letter
ruling regarding the federal income tax treatment of a LLC, but
has not yet received a response. Taxpayer has advised that it
is unaware of any other ruling, whether state or federal,
regarding the tax treatment of a LLC. Generally speaking, the
Florida Income Tax Code treats limited liability companies the
same as they are treated for federal income tax purposes. The
Taxpayer has represented at conference that the proposed
transaction and the use of a LLC will not affect the amount of
income reported to Florida, the entity reporting the income, or
the apportionment factors. Accordingly, based upon that
representation, the Department will follow the federal income

tax treatment of the Taxpayer's limited liability company,
unless that treatment conflicts with the Florida Statutes.
Taxpayer should provide a copy of the IRS private letter ruling
to the Department once it is received.

The second question presented is whether the one-time assignment
of Units from the UTI to a series of the LLC will trigger a
Florida corporate income tax liability. Taxpayer uses a
business trust to acquire automobile leases from unrelated
parties, and then divides the income flow from these automobile
leases into separate pools called undivided trust interests
("UTIs"). A certificate representing the right to the income
flow from these UTIs has been issued to LC. LC is a limited
partnership, which is 99.9% owned by Corporation. The general
partner of LC is ALF, LLC ("LLC"), which is also owned by
Corporation.

The Florida Income Tax Code utilizes adjusted federal income as
its starting point. Income earned by LC is reported on its
Florida partnership return, and is passed through to its owner,
Corporation (who then pays Florida corporate income tax on that
income). Similar, but not identical, treatment is afforded to a
single member limited liability company that has made a federal
election to be disregarded as an entity separate from its
corporate owner. Income earned by the single member limited
liability company is reported on the Florida corporate income
tax return of its corporate owner, Corporation.

A business trust is included within the definition of
"corporation" under the Florida Income Tax Code and, as such,
has a separate filing requirement under Florida law. Taxpayer
has advised that Florida corporate income tax returns have been
filed by the business trust. In this case, there is a transfer
of the right to receive income from an business trust (a
corporate entity) to what is treated as a division of
Corporation. Unless the two entities are members of the same
consolidated group, income would be realized and recognized on
the transfer, since they are separate and distinct legal
entities. Accordingly, the business trust would be required to
file a Florida corporate income tax return reporting this
income. Income would have to be recognized under Florida law on

the transfer of an interest owned by the business trust to the
LLC.

The third question presented is whether the periodic movement of
Units (a) between an SUBI and the UTI, (b) among series within
the LLC, or (c) between the Trust and any series within the LLC
would trigger a Florida corporate income tax liability. New car
leases are substituted in the place of non-performing and
expiring leases as part of the overall management of the
securitization process.

As to parts (a) and (b) of the question, the Florida Income Tax
Code would follow federal concepts of income recognition. If
the business trust or the LLC would recognize income for federal
income tax purposes by reason of the transfer of an interest
from one series to another or from one pool to another, then
Florida would similarly recognize that income. Part (c) of the
question is more difficult, because grantor trusts are not
treated as disregarded entities under Florida law, but rather,
as corporations. Absent a consolidated return, the sale or
transfer of a car lease between the business trust and the LLC
would be as between two distinct and separate legal entities.
In such instance, the Florida Income Tax Code would apply
federal concepts of income recognition, and the income would
have to be recognized and reported to Florida.

Request Rulings for Intangible Tax

"A non-Florida nexus single member LLC subsidiary of Corporation
(or other member of Corporation affiliated intangible tax group)
may receive the assignment of the UTI in the LLC and file as a
member of the Corporation affiliated intangible tax group, yet
not be subject to Florida's intangible tax."

Applicable Law

Regarding intangible tax on an assignment of the UTI in the outof-state LLC, to a non-Florida subsidiary or to another member
of the affiliated group, s. 199.052(10), F.S., provides in part:

...The mere making of a consolidated return shall not in

itself provide a business situs in this state for
intangible personal property held by a corporation. The
fact that members of an affiliated group own stock in
corporations or membership interest in limited liability
companies which do not qualify under the stock ownership or
membership interest in a limited liability company
requirements as members of an affiliated group shall not
preclude the filing of a consolidated return on behalf of
the qualified members. Where a consolidated return is made,
intercompany accounts, including the capital stock or
membership interest in a limited liability company of an
includable corporation or limited liability company, other
than the parent, owned by another includable corporation or
limited liability company, shall not be subject to annual
taxation. However, capital stock, or membership interest in
a limited liability company, and other intercompany
accounts of a nonqualified member of the affiliated group
shall be subject to annual tax....

Discussion & Analysis

Since the non-Florida nexus single member LLC is wholly owned by
the Taxpayer, it may, or any other qualified member of the
affiliated intangible tax group may, receive the Undivided Trust
Interest in the out-of-state LLC and file as part of the
affiliated group without being subject to the intangible tax.

This response constitutes a Technical Assistant Advisement under
Section 213.22, F.S., which is binding on the Department only
under the facts and circumstances described in the requests for
this advice, as specified in Section 213.22, F.S. Our response
is predicated on those facts and the specific situation
summarized above. You are advised that subsequent statutory or
administrative rule changes or judicial interpretations of the
statutes or rules, upon which this advice is based, may subject
similar future transactions to a different treatment than
expressed in this response.

You are further advised that this response, your request and
related backup documents are public records under Chapter 119,
F.S., and are subject to disclosure to the public under the

conditions of s. 213.22, F.S. The Department acknowledges
receipt of your edited copy of your request for Technical
Assistant Advisement, deleting names, addresses and any other
details which might lead to identification of the taxpayer.

Sincerely,

Vicki Allen
Tax Law Specialist
Technical Assistance & Dispute Resolution
(850) 922-4846

Gary Moreland
Tax Law Specialist
Technical Assistance & Dispute Resolution
(850) 922-4831

Celestine Grantham
Senior Tax Specialist
Technical Assistance & Dispute Resolution
(850) 487-1283

Control #50843