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Tampa, FL 33637

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Recent Posts in Florida Tax Litigation Category

73 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

FL SALES TAX NEXUS: FULFILLMENT BY AMAZON (FBA)

Imagine owning an online business. The business has inventory in several states via Amazon’s Fulfillment By Amazon (“FBA”) services. This inventory is stored in warehouses across the ...
Continue reading "FL SALES TAX NEXUS: FULFILLMENT BY AMAZON (FBA)" »

Debtor's Prisons and Double Jeopardy in State Tax Prosecutions

Debtor’s Prisons and Double Jeopardy in State Tax Prosecutions: The Department of Revenue Has A New Trick Up Its Sleeve. The term debtor’s prison tends to conjure up images straight out of ...
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Tax Assessment Unenforceable Under Florida Law?

WHEN A TAX ASSESSMENT IS UNENFORCEABLE UNDER FLORIDA LAW BY JAMES F.McAULEY [1] Florida law has a specific definition for the term “rule”. In the context of administrative law and state ...
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FL DOR WAITS 10 YRS TO SAY DROP SHIPMENTS NOT TAXABLE

After nearly 10 years in limbo, the Florida Department of Revenue (“Department”) issued a Final Order resolving a taxpayer’s litigated tax liability issuing a final order in March ...
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FL Taxation of Florists Case Denied Cert by US Sp Ct

FL Taxation of Florists Case Denied Cert by US Sp Ct I remember when one could understand the limits of a state’s ability to subject transactions to sales tax. But that understanding has been ...
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FL TAXABLE RENTAL VS NONTAXABLE SERVICE

FL TAXABLE RENTAL VS NONTAXABLE SERVICE We have been getting an usually high number of calls from companies that are being audited and assessed Florida sales tax when using equipment to provide a ...
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ARE CLEANING SERVICES TAXABLE IN FLORIDA?

ARE CLEANING SERVICES TAXABLE IN FLORIDA? I get calls several times a month from nervous owners of cleaning companies and suspicious customers of cleaning companies, both asking the same question: Are ...
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WHEN EVERYONE IS INJURED BUT NOBODY CAN SUE, PART 2

FL TAX: WHEN EVERYONE IS INJURED BUT NOBODY CAN SUE, PART TWO. (A MULTISTATE ANALYSIS OF STANDING) Meet Florida taxpayer, Ms. Flora. She inherited a house in Missouri from her late mother, FloraBell. ...
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Even Walt Disney Wants to Pay Less Property Tax

Every year, millions of people come to Central Florida to experience the magic of the theme parks. Tourist dollars roll in, and an entire industry exists to cater to those who descend on the sunshine ...
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FL TAX: WHEN EVERYONE IS INJURED BUT NOBODY CAN SUE

WHEN EVERYONE IS INJURED BUT NOBODY CAN SUE ANALYSIS OF SPECIAL INJURY TAXPAYER STANDING IN FLORIDA COURTS The Florida Supreme Court accepted jurisdiction to review a case from the Fourth District ...
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FL Property Tax in Light of Genesis Ministries

When attorney Shari Johnson woke up the morning of February 16, 2016, she was scheduled to argue a case of first impressions before Florida’s Fourth District Court of Appeals in Broward County. ...
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FL Taxpayer Wins! Reservation & Cleaning Fees NOT Taxable!

Florida’s hotel reservation industry claimed another victory this week against the county Tourist Development Tax and Florida Sales Tax. This time we were dealing with Sarasota County trying to ...
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FL LITIGATION UPDATE - BLUNT WRAPS NOT TAXABLE IN FLORIDA

It would be an understatement to say our firm has been involved with Florida’s wholesale tobacco tax for several years. Since Micjo in 2012, the Florida wholesale tobacco tax area has been ...
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2015 FICPA DOR LIAISON MEETING

FICPA / DOR LIASON MEETING – DECEMBER 11, 2015 [If there are any misspelled names or incorrect titles provided herein, then please email HERE so corrections can be made immediately. Thank you!] ...
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FL SALES TAX CLASS ACTION ON PIZZA HUT DELIVERY FEE

Few understand or even bring up sales tax issues when they order pizza. The next time you order pizza, take a look at the receipt and see if the pizza shop charges you for the delivery. Does the ...
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CHALLENGING AGENCY STATEMENTS DEFINED AS A RULE

CHALLENGING AGENCY STATEMENTS DEFINED AS A RULE Florida law has a specific definition for the term "rule". In the context of administrative law and state tax rulings, the term is defined as ...
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FL DOR ABUSES CONVENIENCE STORE INDUSTRY

FL DOR ABUSES CONVENIENCE STORE INDUSTRY Around 2009, the major players in the Florida gas station industry approached the Department of Revenue (FL DOR) complaining about the small, single owner ...
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FL REEMPLOYMENT TAX AUDT: INDEPENDENT CONTRACTOR vs EMPLOYEE

Florida Reemployment Tax Audit The Big Question: Employee or Independent Contractor? Many employers classify employees as independent contractors to receive economic and business benefits, one of them ...
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Burden of Proof-Persuasion: FL Ad Valorem Tax

Understanding the Burden of Proof and Burden of Persuasion Part II: Ad Valorem Tax Our firm previously published a perspective entitled: "Understanding the Burden of Proof and Burden of ...
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FL Sales Tax - Like Texas, FL's DOAH Getting Flooded

FL Sales Tax – Like Texas, FL's DOAH Getting Flooded This article is a nice follow up to a prior article which talked about the lack of protection from the FL Taxpayer Bill of Rights and the ...
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TAMPA'S HYDE PARK CAFÉ - SALES TAX REVOCATION

TAMPA'S HYDE PARK CAFÉ – SALES TAX REVOCATION Outside the offices of a very few attorneys in Florida, most people do not know that the Florida Department of Revenue has the power to ...
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FL TAX - Online Travel Companies Win at Florida Supreme Court

FL TAX – Online Travel Companies Win at Florida Supreme Court The never-ending national battle between the various counties and the Online Travel Companies (OTC's) over the Tourist ...
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FL Tax - Verizon Business Purchasing Wins in 1st DCA

Way back in 2011, I co-authorized a piece entitled "When is an assessment an assessment" in the Florida CPA Magazine. In that article, we highlighted a potential flaw with Florida sales tax ...
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DIRECTV WINS IN FLA 1ST DCA - DORMANT COMMERCE CLAUSE

DIRECTV WINS IN FLA 1 ST DCA DORMANT COMMERCE CLAUSE Since 2005, DIRECTV has been fighting the state of Florida over a seemingly simple issue. Satellite companies, which are primarily based outside of ...
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FL Sales Tax: Rhinehart Equipment on to the Appellate Courts

Rhinehart Equipment on to the Appellate Courts Just when the Florida Department of Revenue ("Department") thinks they have finally chalked up a sales tax legal victory, Rhinehart Equipment ...
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73 results found. Viewing page 1 of 3. Go to page 1 2 3   Next
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