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If you are in the Gainesville/Ocala area and the Florida Department of Revenue is focused on your business or your client's business for Florida sales and use taxes, then you may need an attorney whose primary practice area is fighting the Florida Department of Revenue. Florida sales and use tax laws can be confusing and often counter intuitive – even state tax auditors can misunderstand the law all too often. However, business owners become liable for tens of thousands of dollars for even the simplest of mistakes or missing paperwork.

We would like to caution you that sales and use tax is more serious than most business owners realize. Even small mistakes or simply getting a little behind in filing tax returns or remitting tax can turn have dire criminal implications. It only takes $301 of sales tax collected and not remitted to turn into a 3rd degree felony punishable by up to five years in jail and $5,000 in fines. The Florida Department of Revenue has a criminal investigation division whose job is to gather enough evidence to have business owners arrested for sales and use tax fraud. In 2014, they arrested an Ocala locksmith owner for as little as $15,000 of unremitted sales tax. In 2011, the FL DOR arrested a Gainesville appliance repair shop owner for merely not filing six sales tax returns – a felony in and of itself.

The law offices of the Law Offices of Moffa, Sutton, & Donnini, P.A. started in 1991 and cumulatively have more than 50 years of experience fighting the Florida Department of Revenue – primarily Florida sales and use tax. Our partners are licensed as both CPAs and Attorneys, so we understand both the accounting aspect and legal aspect of your problems. We represent business owners who need help fighting back in audits, administrative protests, Division of Administrative Hearing law suits, Circuit Court law suits, collections, bank freezes, personal penalties, revocation hearings, criminal investigations, and criminal prosecutions. There is a high likelihood that whatever sales and use tax problem you are having, we have dealt with it before. We know how to navigate the administrative red tape of the Florida Department of Revenue to minimize the problems and help you get back on track.

If you are under a Florida sales and use tax audit or just have questions about whether you are handling sales and use tax in your business correctly, then please take advantage of our free initial consultation policy. If we can answer your question on a quick phone call, then we would be glad to help. If it appears you really have tax exposure and you need help, then our experienced attorneys are here to assist.

Gainesville Sales Tax Attorney; Gainesville Sales Tax Audit; Gainesville Sales Tax; Ocala Sales Tax Attorney; Ocala Sales Tax Audit

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, with an almost exclusive focus on Florida sales and use tax. 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 and at Boston University College of Law since 2014 teaching Sales and Use Tax. Mr. Sutton is a frequent speaker on Florida sales and use taxes for the FICPA, Lorman Education, NBI, and the Florida Society of Accountants. Mr. Sutton is also the State and Local Tax Chairman for the American Association of Attorney – Certified Public Accountants. You can read more about Mr. Sutton in his firm BIO HERE.


FL TAX – VOLUNTARY DISCLOSURE CAN BE THE PERFECT SOLUTION, published October 5, 2012, by Jerry Donnini, Esq.

WHAT SERVICES ARE SUBJECT TO SALES TAX IN FLORIDA?, published May 1, 2012, by James Sutton, CPA, Esq.

FLORIDA SALES TAX AUDIT HELP, published July 14, 2013, by James Sutton, CPA, Esq.

ORLANDO USED CAR DEALER ARRESTED FOR SALES TAX, published July 13, 2013, by James Sutton, CPA, Esq.

JAILED FOR MERE $1,500 FL SALES TAX – ORLANDO SIGN COMPANY OWNER, published July 6, 2014, by Matthew Parker, Esq.