Friday, June 25, 2010

CELEBRITY PROPERTY TAX ASSESSMENTS: LIL WAYNE

Rap star Lil Wayne has sold his South Beach condominium. Lil Wayne, also known as Dwayne Carter, sold unit 2601 at the Murano Grand at Portofino, 400 Alton Road, for a reported $2,500,000. The unit is assessed at$2,122,820 for property tax purposes as of January 1, 2009.

Buyers are Christian and Marie Peter, who also own unit 2807 in the same building. Assumedly, Mr. and Mrs. Peter will be moving from the 1,759 square foot unit to the larger 3,979 square foot unit formerly owned and occupied by Lil Wayne.

Please tell Christian and Marie that I'm available to assist them if they need help with the transfer of their homestead exemption and application for portability of their Save Our Homes ad valorem taxation homestead exemption benefit.
______________________________________________________________________________________
Mr. Weiss has represented taxpayers in thousands of administrative tax appeal hearings and has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service 2d, "Agriculture and Other Classified Properties" with Matthew Bender, and a lecturer on property taxation for the National Business Institute.

Thursday, April 08, 2010

MIAMI HEAT'S DWYANE WADE SELLS HOUSE FOR LESS THAN ASSESSED VALUE

Miami Heat superstar Dwyane Wade sold his Pinecrest home for $2.5 million, $354,000 less than his January 2009 tax assessment. Property Appraiser take note!

Wade paid $3,975,000 in July 2005 for the 9,000 square foot home located on a cul de sac lot of 41,041 square feet, nearly an acre. The purchase by Wade and his wife was reported on this blog at the time it occurred.

Rumor has it that Wade's split with wife Siohvaughn precipitated the sale.
___________________________________________________________________
Mr. Weiss has represented taxpayers in thousands of administrative tax appeal hearings and has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service 2d, "Agriculture and Other Classified Properties" with Matthew Bender, and a lecturer on property taxation for the National Business Institute.

Tuesday, March 30, 2010

APRIL 1 IS FLORIDA TANGIBLE PERSONAL PROPERTY TAX FILING DEADLINE

As in every year for as far back as I can remember, April 1 has bneen the tangible personal property tax filing deadline. If you own more than $25,000 worth of FF&E and you don't know what I'm talking about, call your accountant. If he doesn't know what I'm talking about, have him or her call the County Property Appraiser about where he or she can get a DR-405 form.

But don't delay. The form has to be filed with the Property Appraiser and the deadline for postmarking is April 1. Late returns incur a whopping 25% penalty!

"A word from the Weiss is sufficient."
____________________________________________________________________
Mr. Weiss has represented taxpayers in thousands of administrative tax appeal hearings and has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service 2d, "Agriculture and Other Classified Properties" with Matthew Bender, and a lecturer on property taxation for the National Business Institute.

Tuesday, October 14, 2008

Why I Endorse Senator Gwen Margolis for Miami-Dade County Property Appraiser

State Senator Gwen Margolis has announced that she will run for Miami-Dade County Property Appraiser in 2008. Election day is November 4.

Historically, Miami-Dade County is the only one of Florida's 67 counties to have an appointed, rather than elected, Property Appraiser. Indeed, under the Dade County Charter, both Property Appraiser and Tax Collector are technically department heads appointed by the County Manager. This is something of an anomaly, considering that both positions are constitutional officers in every county--including Miami-Dade-- by Florida law.

All that history changed on January 29, 2008, when the electorate of Miami-Dade County voted to make the position of Property Appraiser an elected one.

Our candidate of choice for Miami-Dade County's first elected Property Appraiser is Senator Gwen Margolis. Having known Senator Margolis both professionally and personally for virtually the entire 28 years I have practiced property tax law, I like to think that in recommending Senator Margolis for this office, I know whereof I speak.

Well, then, without further folderol or jibber jabber, here are but a handful of reasons to vote for Senator Margolis for Property Appraiser of Miami-Dade County when you cast your ballot in November.

. Senator Margolis who has been a real estate broker for 35 years.

. Senator Margolis was the first female President of the Florida Senate.

. Senator Margolis serves on the Constitutional Revision Commission, responsible for advancing many of the innovations recently adopted as Floroda law.

. Senator Margolis is a long-time member of the Senate Committee on Finance and Taxation, sponsoring numerous bills to reform the tax system in Florida, including but not limited to property tax measures.

. Senator Margolis has held elected office in Florida virtually continuously since 1975, as reflected in the New Theater-produced one-act play chronicling Margolis's role as a female trendsetter and role model in Florida politics.

. Senator Margolis served as the Chair of the County Value Adjustment Board during her tenure as Miami-Dade County Commissioner.


Senator Margolis has had a long and distinguished career in Florida politics, starting with her election to the Florida House of Representatives in 1974, where she was subsequently re-elected to three additional terms. Her career in the Florida Senate started in 1980, where she was appointed as Chair of the Finance, Tax, and Claims Committee, and later the Appropriations Committee. In 1990 she became the first women in the United States to serve as President of any Senate, when she was sworn in as President of the Florida State Senate.

In 1994, Senator Margolis was elected to the Miami-Dade Board of County Commissioners, where she served six of her eight years as Chairperson. She returned to the Senate in 2002. Wea are fortunate tht Senator Margolis is returning to the South Florida political scene to run for the newly-created position of elected County Property Appraiser.

The proposal to have an elected Property Appraiser for the first time in Miami-Dade County originated in the County's Charter Review Task Force.

__________________________________________________________________________________
Weiss has been named a “Top Lawyer” in the category of Real Estate, Zoning and Land Use by the South Florida Legal Guide (2007, 2008), Florida Super Lawyers (2006), Florida Trend Legal Elite (2004) and Who’s Who in Practicing Attorneys (1989-1990) and has been included on Miami’s “A list” in five categories: law, philanthropy, business, arts and social prominence, in New York’s Avenue Magazine (2006, 2007, 2008).

Saturday, October 11, 2008

Miami-Dade County to Have Its First Elected Property Appraiser

Historically, Miami-Dade County is the only one of Florida's 67 counties to have an appointed, rather than elected, Property Appraiser. Indeed, under the Dade County Charter, both Property Appraiser and Tax Collector are technically department heads appointed by the County Manager. This is something of an anomaly, considering that both positions are constitutional officers under Florida law.

The County Attorney takes the position that notwithstanding the generally-applicable provision in the Florida Constitution, the Property Appraiser's Office will be a sort of hybrid, being an elected department head, but NOT a constitutional officer as in Broward or Duval--both charter counties--and as in the other 64 counties in Florida under the general; constitutional provision establishing the office of Property Appraiser as an office of constitutional dimension.

Query whether Miami-Dade County's Property Appraiser should be able to claim constitutional officer jurisdiction for the purpose of advancing appellate review in the Florida Supreme Court at the same time the County claims that its Property Appraiser is NOT a constitutional officer!

All that history changed on January 29, 2008, when the electorate of Miami-Dade County voted to make the position of Property Appraiser an elected one.

Uniquely, Miami-Dade County's elected property appraiser will operate to some extent under the supervision of the County Commission. To date, the Commission has adopted an ordinance giving the soon-to-be-elected Property Appraiser control of most of the depratment's nearly 300 employees, who will continue under union collective bargaining agreements to enjoy the protections afforded classified (as distinguished from exempt) employees. These include termination and disciplinary policies applicable to County employees generally.

At least initially, the County Commission will control the pay and benefits of the Property Appraiser, with an annual salary of $153,000. The Commission stated that they might be willing to change the Property Appraiser's salary to be controlled byr the State formula for constitutional offices, which would increase annual pay to about $175,000.

Interestingly--nay, oddly--the County Commission will establish the pay ranges for the Property Appraiser's staff. Conferring a more-autonomous measure of authority, the county Commission vouchsafed unto the Property Appraiser the prerogative to place proposed ordinances and resolutions on the County Commission's legislative agenda.

The proposal to have an elected Property Appraiser for the first time in Miami-Dade County originated in the County's Charter Review Task Force.

__________________________________________________________________________________
Weiss has been named a “Top Lawyer” by South Florida Legal Guide (2007, 2008), Florida Super Lawyers (2006), Florida Trend Legal Elite (2004) and Who’s Who in Practicing Attorneys (1989-1990) and has been included on Miami’s “A list” in five categories: law, philanthropy, business, arts and social prominence, in New York’s Avenue Magazine (2006, 2007, 2008).

Saturday, June 21, 2008

Celebrity Property Tax Assessment: Clyde McPhatter

Doing property tax appeals is so much fun. You never know what'll come across your desk. Yesterday I was looking at comparable sales identified by the County Property Appraiser and researched by my assistant Tiffany. The property in question was a purchase by none other than Clyde McPhatter, Jr.

If you're as young as Tiffany, this name may not mean anything to you. The buyer's father was Clyde McPhatter, one of the greatest R & B singers of the 1950s and '60s. McPhatter founded The Drifters and was inducted into the Rock and Roll Hall of Fame posthumously in 1987. He was even honored on a U.S. postage stamp in 1993.


Anyway, Clyde McPhatter's son and namesake recently purchased two residential properties in Miami-Dade County, Florida. He purchased the two properties July and August of 2006, respectively, paying a total $4.8 million.

Hey, Mr. McPhatter, why don't you have a homestead exemption on either of these two properties? If you need help determining your eligibility for the significant benefits of homestead proprety tax exemption in Florida, contact me!

What follows is what you can find out online about the two properties:

Eastern Shores waterfront property:

07-2210-001-0080
Property: 3320 NE 165 ST
Mailing Address: CLYDE MC PHATTER
3320 NE 165 ST MIAMI FL
33160-3836

Property Information: Primary Zone: 1200 SINGLE FAMILY RESIDENCE
CLUC: 0001 RESIDENTIAL- SINGLE FAMILY
Beds/Baths: 4/4
Floors: 2
Living Units: 1
Adj Sq Footage: 4,972
Lot Size: 9,681 SQ FT
Year Built: 1980


Sale Information: Sale O/R: 24735-2786
Sale Date: 7/2006
Sale Amount: $3,200,000

Assessment Information: Year: 2007
Land Value: $871,290
Building Value: $694,065
Market Value: $1,565,355 $
Assessed Value: $1,565,355 $
Total Exemptions: $0
Taxable Value: $1,565,355
_________________________

Property off Miller Road:

Summary Details: Folio No.: 30-4029-002-0590
Property: 10290 SW 58 ST
Mailing Address: CLYDE MC PHATTER JR
10290 SW 58 ST MIAMI FL
33173-2832

Property Information: Primary Zone: 2300 ESTATE RESIDENTIAL
CLUC: 0001 RESIDENTIAL- SINGLE FAMILY
Beds/Baths: 4/3
Floors: 1
Living Units: 1
Adj Sq Footage: 5,364
Lot Size: 50,094 SQ FT
Year Built: 1982

Sale Information: Sale O/R: 25241-0477
Sale Date: 8/2006
Sale Amount: $1,600,000

Assessment Information: Year: 2007
Land Value: $551,190
Building Value: $618,771
Market Value: $1,169,961
Assessed Value: $1,169,961
Homestead Exemption: $0
Veteran Exemption: $0
Total Exemptions: $0
Taxable Value: $1,169,961
____________________________________________________________________________
Mr. Weiss has represented taxpayers in thousands of administrative tax appeal hearings and has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service
2d, "Agriculture and Other Classified Properties" with Matthew Bender, and a lecturer on property taxation for the National Business Institute.

Celebrity Property Tax Assessment: Ron Seikaly

Looking for a house with high ceilings? I'll bet this one has 'em. Why would I bet? Its recent purchaser is Ron Seikaly. Ron is 6 feet 11 inches tall and was the first-ever draft pick of the NBA Miami Heat.

Ron was a great center for the Heat and still loves Miami. I saw him at a party recently in Miami Beach. After his tenure with the Heat, Ron played for a couple of other NBA teams and even did a stint in Spain's professional basketball league.

Nowadays, Ron's into professional volleyball. He's still a world-class athlete.

In 2002, Ron bought a waterfront lot on North Bay Road in Miami Beach, nearly 27,000 square feet, well over half an acre. He built his dream home there, over 9,000 square feet of high-ceilinged luxury, completing construction and moving in in 2005.

Here're the specs for those who need more detail:

Summary Details: Folio No.: 02-3227-008-1370
Property: 2060 N BAY RD
Mailing Address: RONALD SEIKALY
2060 N BAY RD MIAMI BEACH FL
33140-4537

Property Information: Primary Zone: 2100 SINGLE FAMILY RESIDENCE
CLUC: 0001 RESIDENTIAL- SINGLE FAMILY
Beds/Baths: 9/10
Floors: 2
Living Units: 1
Adj Sq Footage: 9,363
Lot Size: 26,561 SQ FT
Year Built: 2005

Sale Information: Sale O/R: 20347-2241
Sale Date: 4/2002
Sale Amount: $2,150,000

Assessment Information: Year: 2007
Land Value: $3,919,264
Building Value: $3,819,208
Market Value: $7,738,472
Assessed Value: $6,793,700
Homestead Exemption: $25,000
Total Exemptions: $25,000
Taxable Value: $6,768,700
______________________________________________________________________________
Mr. Weiss has represented taxpayers in thousands of administrative tax appeal hearings and has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service
2d, "Agriculture and Other Classified Properties" with Matthew Bender, and a lecturer on property taxation for the National Business Institute.

Property Tax Appeal Results: The Bottom Line

One of my favorite marketing slogans is the one created by my good friend Mark E. Fried. Mark Fried has been an immigration attorney on Brickell Avenue in Miami for more than 27 years. To emphasize Mark's sensitivity to the human interest aspect of his practice, Mark says, "In my practice, it's not the 'bottom line' that counts; it's the BORDER LINE!"

Well and good. One of the reasons I enjoy my property tax practice--and would never engage in the practice of immigration law or criminal defense (the practice area of my law partner Brian Tannebaum)--is that I'd never want a client's freedom to depend on effectiveness of my representation. So I am happy to say that in my property tax practice, "It's not the BORDER LINE that counts; it's the BOTTOM LINE."

That's what counts for the client anyway. Do I get a kick out of figuring out where the County Property Appraiser went astray and getting a huge reduction and generating a big refund for the taxpayer? You bet. But is the taxpayer excited about my legal theory? Probably not as excited as he is about the big refund.

Here's a case in point. I got a tax assessment on a parking lot parcel reduced for 2007 (the current tax year) from $6,458,800 to $947,298. Yeah, that's right, an 85% reduction. It's not a typo.

The taxpayer's happy. He's the beneficiary of a $100,000 plus property tax refund.

I'm happy because I proved that the Property Appraiser assessed sticks in the bundle of rights already assessed to other parcels, a prohibited form of double taxation.

I was even happier this afternoon when I had confirmed in writing the granting of my post-hearing request to further reduce the assessed valuation by another $100,000. This means the reduction was 87%, not 85%.

So with apologies to my good friend Mark Fried--as fine an immigration attorney as you will ever want to find to address your family's, employees', friends' or corporation's immigration practice needs--I am proud to say that in my property tax appeal practice, "It's not the border line that counts. It's the bottom line."
_______________________________________________________________________________
Mr. Weiss has represented taxpayers in thousands of administrative tax appeal hearings and has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service
2d, "Agriculture and Other Classified Properties" with Matthew Bender, and a lecturer on property taxation for the National Business Institute.

Wednesday, May 28, 2008

Celebrity Property Tax Assessment: Sean Taylor

Yeah, I know it's morbid. But it's a matter of public interest and public record.

So here's the info for those of you who want to know more about the house in which Dolphin linebacker Sean Taylor was fatally injured in as big a waste of football talent and as characteristically callous an act as you ever want to see in our community.

33-5035-005-0110
Property: 18050 OLD CUTLER RD
Mailing Address: SEAN TAYLOR

18050 OLD CUTLER RD PALMETTO BAY FL
33157-6423

Property Information: Primary Zone: 2300 ESTATE RESIDENTIAL
CLUC: 0001 RESIDENTIAL- SINGLE FAMILY
Beds/Baths: 4/4
Floors: 1
Living Units: 1
Adj Sq Footage: 3,705
Lot Size: 33,541 SQ FT
Year Built: 1971
Legal Description: CUTLER SOUTH PB 80-80 LOT 11 BLK 1 LOT SIZE 205.000 X 165 OR 18697-2031 0599 1 F/A/U 30-5035-005-0110 COC 23569-2355 06 2005 1


Sale Date: 6/2005
Sale Amount: $900,000

Assessment Information: Year: 2007
Land Value: $423,500 $
Building Value: $305,797
Market Value: $729,297
Assessed Value: $729,297
Homestead Exemption: $25,000
Total Exemptions: $25,000
Taxable Value: $704,297
_______________________________________________________________________________
Weiss has been named a “Top Lawyer” by South Florida Legal Guide (2007, 2008), Florida Super Lawyers (2006), Florida Trend Legal Elite (2004) and Who’s Who in Practicing Attorneys (1989-1990) and has been included on Miami’s “A list” in five categories: law, philanthropy, business, arts and social prominence, in New York’s Avenue Magazine (2006, 2007, 2008).