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Has Your Company or Your Client Received a Florida Nexus Questionnaire?

If you are an out-of-state company and you receive a letter from our good friends at the Florida Department of Revenue that includes a FLORIDA NEXUS QUESTIONNAIRE, then we hope that you will not simply respond without at least speaking with your tax professional. Although the Florida Department of Revenue's motto is "We Are Here to Help," you should be keenly aware that any state's nexus questionnaire is a wolf in sheep's clothing. The questions are specifically designed to trap the unwary or uninformed out-of-state taxpayer into admitting something that will initiate a battle cry from a team of Florida Department of Revenue auditors who will charge in and audit your books. You may not have an ounce of liability, but you will be paying considerable sums to simply defend the audit that will take months, if not years to complete

And just in case this needs to be said, not responding will likely bring the auditors to your doorstep also. The old adage "put your best foot forward" has never been more applicable than when drafting your response to a Nexus Questionnaire. My humble advice, if you receive a nexus questionnaire like the one downloadable below from the Florida Department of Revenue, the please contact your CPA or Tax Attorney to help you draft your answers.

If you don't have a CPA or Attorney knowledgeable specifically about Florida taxes and Florida's attempt to assert nexus on out-of-state companies, then please contact us by either phone or email with the links above.

FLORIDA NEXUS QUESTIONNAIRE R.10/07 from the Atlanta Service Center

James Sutton About the author: Mr. Sutton is a Florida licensed CPA and Attorney and a shareholder in the law firm the Law Offices of Moffa, Sutton, & Donnini, P.A. Mr. Sutton's primary practice is Florida tax controversy. Mr. Sutton worked for in the State and Local Tax department of one of the Big Five accounting firms for a number of years and has been an adjunct professor of law at Stetson University College of Law since 2002 teaching State and Local Tax, Accounting for Lawyers, and Federal Income Tax I. You can read more about Mr. Sutton in his firm bio.