Blog Posts in Florida Tax Legislation

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  • 2019 Florida Sales Tax New Legislation Update
    2019 Florida Sales Tax New Legislation Update

    The 2019 legislative session has ended. The governor signed this year’s tax changes. There are some familiar exemptions from years past; however, a few new exemptions were enacted. Rent Reduction ...

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  • 2019 FL Back to School Sales Tax Holiday
    2019 FL Back to School Sales Tax Holiday

    Florida has passed the back to school sales tax holiday again. The holiday will allow individuals to buy certain supplies and materials tax-free for a limited amount of time. What qualifies for ...

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  • FL BILL: 4.2% SALES TAX ON RENT
    FL BILL: 4.2% SALES TAX ON RENT

    The Florida Senate is proposing to reduce the state sales tax rate on commercial real property rentals again. The Senate is looking to drastically cut the rate from the current state rate of 5.7% to ...

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  • Florida - Economic Nexus & Marketplace Facilitator Bill Introduced
    Florida - Economic Nexus & Marketplace Facilitator Bill Introduced

    In the wake of the South Dakota v Wayfair US Supreme Court holding on June 21, 2018, states around the country have been scrambling to create new “economic nexus” laws. Mimicking South Dakota’s law, ...

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  • FL Sales Tax - GBR Case Holds DOR Rule Invalid
    FL Sales Tax - GBR Case Holds DOR Rule Invalid

    UPDATE: The FL DOR filed a notice of appeal in the GBR case. Stay tuned! The Florida Department of Revenue promulgates many administrative rules interpreting Florida’s Chapter 212 sales and use tax ...

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  • Florida Sales Tax – Hope Scholarship Credit
    Florida Sales Tax – Hope Scholarship Credit

    The Hope Scholarship provides bullied or physically assaulted students with a scholarship to another school. However, car dealers are in for a significant amount of additional rules and regulations ...

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  • Scholarship Donations in Lieu of FL Sales Tax on Rent?
    Scholarship Donations in Lieu of FL Sales Tax on Rent?

    Does your business make donations to help fund scholarships? Does your business also pay sales tax on commercial rent? As of October 1, 2018, Florida businesses can apply to reduce the sales tax on ...

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  • Florida Sales Tax - Voluntary Disclosure Program
    Florida Sales Tax - Voluntary Disclosure Program

    The purpose of this article is to discuss one of the most beneficial areas of Florida sales tax law – The Florida Voluntary Disclosure Program. Florida’s sales tax laws are endlessly complicated. ...

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  • FL Reemployment Tax: An Employer's Perspective, Part II
    FL Reemployment Tax: An Employer's Perspective, Part II

    An Employer’s Perspective: Florida “Reemployment Tax” aka, Unemployment Tax, Part II By James F. McAuley, Esq. BCS. Introduction Part I of this article focused on how an employer can distinguish ...

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  • 2018 Florida Tax Legislation Update
    2018 Florida Tax Legislation Update

    The legislative session has finally come to an end and the governor has signed into law the Legislature’s 2018 tax package. There are a few exemptions that are renewed from last year. There are also ...

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  • Florida's Taxpayer Advocate Can Finally Advocate!
    Florida's Taxpayer Advocate Can Finally Advocate!

    After years in the making, a major win has unfolder for taxpayers – the Taxpayer Advocate is no longer under the complete control of the Department of Revenue effective July 1, 2018. The Taxpayer ...

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  • 2017 New FL Sales Tax Exemption for New Construction
    2017 New FL Sales Tax Exemption for New Construction

    As of July 1, 2017, Florida has a sales and use tax emption for the purchase of building materials, pest control services, and the rental of tangible personal property used in new construction in ...

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  • Florida Sales Tax Back To School Holiday - Aug 4-6th
    Florida Sales Tax Back To School Holiday - Aug 4-6th

    Two New Tax Holidays for 2017 When I heard there were two new holidays passed by the legislature, I was hoping the state had finally legitimized “Lawyer Appreciation Day,” day off included, or at the ...

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  • NEW FL SALE TAX EXEMPTION - DATA CENTERS
    NEW FL SALE TAX EXEMPTION - DATA CENTERS

    As of July 1 st , 2017, Florida has a new sales and use tax exemption: data centers . This move by the Florida legislature is interesting in a time when many states are attempting to expand exemptions ...

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  • Florida FINALLY Reduces the Sales Tax on Commercial Rent
    Florida FINALLY Reduces the Sales Tax on Commercial Rent

    Effective January 1, 2018, Florida has (finally) reduced the sales tax rate on commercial rent. Because Florida is the only state in the country that has a sales tax on commercial rent, many people ...

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  • Tax Assessment Unenforceable Under Florida Law?
    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 tax rulings, ...

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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

    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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  • WHEN EVERYONE IS INJURED BUT NOBODY CAN SUE, PART 2
    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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  • WILL MEDICAL MARIJUANA BE SUBJECT TO FLORIDA SALES TAX?
    WILL MEDICAL MARIJUANA BE SUBJECT TO FLORIDA SALES TAX?

    The groups battling to legalize pot sales in the U.S. had a rather large victory in the 2016 election. Presuming the election results hold, we will have 29 states that permit cannabis use for either ...

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  • FL TAX: WHEN EVERYONE IS INJURED BUT NOBODY CAN SUE
    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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  • 2015 FICPA DOR LIAISON MEETING
    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!] Kevin ...

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  • CHALLENGING AGENCY STATEMENTS DEFINED AS A RULE
    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 follows: ...

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  • 2015 FL SALES TAX HOLIDAY
    2015 FL SALES TAX HOLIDAY

    2015 FL SALES TAX HOLIDAY AUGUST 7TH TO 16TH Although many Floridians are still enjoying their summer vacation, myself included, the upcoming school year is rapidly approaching and Floridians must ...

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  • FL TAX - Online Travel Companies Win at Florida Supreme Court
    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 Development Tax ...

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  • DIRECTV WINS IN FLA 1ST DCA - DORMANT COMMERCE CLAUSE
    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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  • PLETHORA OF SALES TAX LITIGATION IN FLORIDA
    PLETHORA OF SALES TAX LITIGATION IN FLORIDA

    Plethora of Sales Tax Litigation in Florida While many people seem to think that sales tax is merely a percentage of the sales price paid at the checkout counter which can easily be managed by ...

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  • BURDEN OF PROOF & PERSUASION IN FL TAX CASES
    BURDEN OF PROOF & PERSUASION IN FL TAX CASES

    Understanding the Burden of Proof and the Burden of Persuasion in Tax and Administrative Cases The best place to start to consider evidentiary issues concerning the burden of proof and the burden of ...

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  • FL 1ST DCA: VERIZON APPEALS PROPOSED ASSESSMENT NOT FINAL
    FL 1ST DCA: VERIZON APPEALS PROPOSED ASSESSMENT NOT FINAL

    FL 1 ST DCA: VERIZON APPEALS PROPOSED ASSESSMENT NOT FINAL On May 12, 2015, there was yet another riveting display of legal arguments in the sales tax arena over a very simple, yet relevant issue: ...

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  • CONSIDERATIONS FOR PROPERTY OWNERS: THE HOMESTEAD EXEMPTION'S COMMERCIAL COUSIN
    CONSIDERATIONS FOR PROPERTY OWNERS: THE HOMESTEAD EXEMPTION'S COMMERCIAL COUSIN

    CONSIDERATIONS FOR PROPERTY OWNERS: THE HOMESTEAD EXEMPTION'S COMMERCIAL COUSIN Anyone who has owned property knows that the cost of a mortgage is only the tip of the iceberg when it comes to the ...

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  • FL Tax Audits - Taxpayer Bill of Rights Protects No Rights
    FL Tax Audits - Taxpayer Bill of Rights Protects No Rights

    FL Tax Audits – Taxpayer Bill of Rights Protects No Rights I have seen a lot of information and discussions about the IRS mistreating taxpayers. Being in Florida, this made me think of protections ...

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  • Florida ABT Pushes to Amend Florida Wholesale Tobacco Tax Law
    Florida ABT Pushes to Amend Florida Wholesale Tobacco Tax Law

    Florida ABT Pushes to Amend Florida Wholesale Tobacco Tax Law Taxpayers throughout the state of Florida have been in a never ending battle with Department of Business and Professional Regulation, ...

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  • 2015 - Florida Bar / Department of Revenue Liaison Meeting
    2015 - Florida Bar / Department of Revenue Liaison Meeting

    Florida Bar Tax Section / FL DOR Liaison Meeting – 2015 The Florida Bar Tax Section met with the Florida Department of Revenue for a 3 hour "liaison" meeting on January 16, 2015. The liaison meeting ...

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  • 2014 FICPA DOR LIAISON MEETING SUMMARY
    2014 FICPA DOR LIAISON MEETING SUMMARY

    2014 FICPA DOR LIAISON MEETING For more than 30 years, the FICPA and the Florida Department of Revenue have meet once a year to discuss that state of affairs between our state's taxing authority and ...

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  • FL DOR - THE MAGIC BEHIND THE CURTAIN
    FL DOR - THE MAGIC BEHIND THE CURTAIN

    FL DOR – THE MAGIC BEHIND THE CURTAIN Have you ever seen a magic show on TV or been lucky enough to watch a live magic show and wondered just how each of those seemingly miraculous feats of wonder are ...

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  • 2014 SALES TAX HOLIDAY FOR NEW ENERGY STAR AND WATERSENSE PRODUCTS
    2014 SALES TAX HOLIDAY FOR NEW ENERGY STAR AND WATERSENSE PRODUCTS

    2014 SALES TAX HOLIDAY FOR NEW ENERGY STAR AND WATERSENSE PRODUCTS Most of us know about the back to school tax holiday. But, not nearly as many know about another tax holiday that is almost upon us. ...

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  • 2014 FL SALES TAX EXEMPTION ON MANUFACTURING EQUIPMENT
    2014 FL SALES TAX EXEMPTION ON MANUFACTURING EQUIPMENT

    2014 FL SALES TAX EXEMPTION ON MANUFACTURING EQUIPMENT In Florida, our legislature is always incentivizing manufacturers to set up camp in our state. Let's face it, Florida loves manufactures! From a ...

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  • FL SALES TAX HOLIDAY 2014 - COMPUTERS & TABLETS
    FL SALES TAX HOLIDAY 2014 - COMPUTERS & TABLETS

    COMPUTERS & TABLETS INCLUDED IN 2014 FL SALES TAX HOLIDAY!!! While most Floridian's are still getting used to paying sales tax on Amazon purchases after May 1st, there is a way to purchase a lot of ...

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  • 7,000 FL TAX WARRANTS ISSUED IN ERROR - GOV SCOTT TOO
    7,000 FL TAX WARRANTS ISSUED IN ERROR - GOV SCOTT TOO

    The purpose of this article is to bring to light something despicable happening in Florida. The group that I refer to as our Draconian [1] Comrades in Tallahassee are continuing their harassment of ...

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  • FL LEGISLATION - FELONY TO EVEN POSSESS SALES SUPPRESSION SOFTWARE
    FL LEGISLATION - FELONY TO EVEN POSSESS SALES SUPPRESSION SOFTWARE

    SECOND VERSE, VERY SIMILAR TO THE FIRST - FELONY TO EVEN POSSESS SALES SUPPRESSION SOFTWARE In March 2012, the Florida legislature passed rather unique, at least at that time, legislation aimed at a ...

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  • US SALES AND USE TAX SYSTEM NEEDS FEDERAL C.P.R.
    US SALES AND USE TAX SYSTEM NEEDS FEDERAL C.P.R.

    US SALES AND USE TAX SYSTEM NEEDS FEDERAL C.P.R. Consumer Private Reporting Legislation – Draft of Summary for House Judiciary Committee Exploring Alternative Solutions on the Internet Sales Tax Issue ...

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  • FLORIDA 2014 DISCRETIONARY SALES SURTAX RATES
    FLORIDA 2014 DISCRETIONARY SALES SURTAX RATES

    FLORIDA 2014 DISCRETIONARY SALES SURTAX RATES Florida's state 6% sales tax rate is the starting point for businesses and consumers to determine the proper sales tax rate to charge for the sale of ...

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  • FL WHOLESALE TOBACCO TAX UPDATE - MIAMI HOOKAH SUES FL DBPR
    FL WHOLESALE TOBACCO TAX UPDATE - MIAMI HOOKAH SUES FL DBPR

    FL BEVERAGE AND TOBACCO TAXES UPDATE – MIAMI HOOKAH JUMPS ON BANDWAGON On February 1, 2012, a case named Micjo was decided that would change the alcohol and beverage tax world in Florida forever. Many ...

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  • FL GOV SCOTT CALLS FOR PHASE OUT OF COMMERICAL RENT SALES TAX
    FL GOV SCOTT CALLS FOR PHASE OUT OF COMMERICAL RENT SALES TAX

    FL GOV RICK SCOTT CALLS FOR REDUCTION IN COMMERICAL RENT TAX According an article in the Florida Current, Florida Governor Rick Scott announced that he will ask lawmakers for a cut in the sales tax on ...

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  • FL DOR DELEGATION OF AUTHORITY TO COMPROMISE TAX
    FL DOR DELEGATION OF AUTHORITY TO COMPROMISE TAX

    When trying to get taxes, interest, or penalties compromised with the Florida Department of Revenue, it is good to know just how much authority the person you are speaking with has. The document below ...

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  • FICPA - FL DOR LIAISON MEETING 2013 SUMMARY
    FICPA - FL DOR LIAISON MEETING 2013 SUMMARY

    FLORIDA BAR TAX SECTION / FL DOR LIAISON MEETING 2013 On November 14, 2013, about 40 members of the Florida Institute of Certified Public Accountants ("FICPA") participated in a meeting with high ...

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  • FLORIDA TAX INCENTIVES FOR BUSINESS
    FLORIDA TAX INCENTIVES FOR BUSINESS

    FLORIDA TAX INCENTIVES FOR BUSINESSES The Florida legislature loves manufacturing, agriculture, energy, research and development, and the movie industry. The state shows this by providing various tax ...

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  • FL BAR TAX SECTION / FL DOR LIAISON MEETING 2013
    FL BAR TAX SECTION / FL DOR LIAISON MEETING 2013

    FLORIDA BAR TAX SECTION / FL DOR LIAISON MEETING 2013 On October 25, 2013, about 17 members of the Florida Bar Tax Section met with high ranking officials from the Florida Department of Revenue ("FL ...

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  • TAXPAYER FORCED TO SIGN AWAY RIGHTS TO REMIT TAX?
    TAXPAYER FORCED TO SIGN AWAY RIGHTS TO REMIT TAX?

    FL DOR FORCING TAXPAYER TO SIGN AWAY RIGHTS TO REMIT TAX? Our Draconian 1 Comrades in Tallahassee are at it yet again. Actually, this time it is their comrades in the local Department of Revenue (DOR) ...

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  • FL DOR REQUIRES TAX PAYMENT TO PROTEST AN ASSESSMENT
    FL DOR REQUIRES TAX PAYMENT TO PROTEST AN ASSESSMENT

    Our comrades in Tallahassee have crossed the line yet again. In a newly revised pamphlet given to taxpayers at the end of an audit, the Florida Department of Revenue is demanding taxpayers pay the ...

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  • Florida Finalizes Sales Tax Rule Changes - 2013
    Florida Finalizes Sales Tax Rule Changes - 2013

    Following extensive review and public comment, the Florida Department of Revenue has amended or repealed the following sales and use tax rules: to remove obsolete provisions, to replace outdated ...

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  • FL SALES & USE TAX MACHINERY & EQUIPMENT EXEMPTION SIGNED INTO LAW - FINALLY!
    FL SALES & USE TAX MACHINERY & EQUIPMENT EXEMPTION SIGNED INTO LAW - FINALLY!

    On May 17, 2013 Governor Rick Scott signed into law one of the main agenda goals of his term in office. Specifically, Sec. 212.08(7)(kkk), Florida Statutes (F.S.), was enacted with an effective date ...

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  • AAA-CPA OPPOSES MARKETPLACE FAIRNESS ACT
    AAA-CPA OPPOSES MARKETPLACE FAIRNESS ACT

    BELOW PLEASE FIND A LINK TO A FORMAL POSITION LETTER SENT TO EVERY MEMBER OF CONGRESS IN WHICH THE AMERICAN ASSOCIATION OF ATTORNEY-CERTIFIED PUBLIC ACCOUNTANTS OPPOSE THE MARKETPLACE FAIRNESS ACT OF ...

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  • FL TAX ALERT - PUBLIC WORKS CONSTRUCTION CONTRACTS
    FL TAX ALERT - PUBLIC WORKS CONSTRUCTION CONTRACTS

    A common question and a problematic situation that often arises in our practice involves public works contracts, i.e. federal, state, or local government projects, such as a school. Whether the issue ...

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  • CIRCLE K CASE - TRADEMARK PLANNING ALIVE AND WELL IN FLORIDA
    CIRCLE K CASE - TRADEMARK PLANNING ALIVE AND WELL IN FLORIDA

    FLORIDA SETTLES WITH CIRCLE K OUT OF COURT IN TRADEMARK PLANNING CASE For those people in the state and local tax profession, trademark planning strategies for reducing corporate state income tax ...

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  • FLORIDA 2013 DISCRETIONARY SALES SURTAX RATES
    FLORIDA 2013 DISCRETIONARY SALES SURTAX RATES

    Florida's state 6% sales tax rate is the starting point for businesses and consumers to determine the proper sales tax rate to charge for the sale of tangible personal property in Florida. A majority ...

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  • FL TAX ALERT - WALTON COUNTY LOCAL SALES TAX RISES TO 1.5%
    FL TAX ALERT - WALTON COUNTY LOCAL SALES TAX RISES TO 1.5%

    FL TAX ALERT – WALTON COUNTY LOCAL SALES TAX RISES TO 1.5% While inflation may remain at almost zero for a historically long period of time, at least one county in Florida decided that it can raise ...

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  • FL TAA ALERT - RENT FREE MONTHS vs SALES TAX?
    FL TAA ALERT - RENT FREE MONTHS vs SALES TAX?

    DO YOU NEED TO CHARGE SALES TAX DURING THE MONTHS A LANDLORD OFFERS FREE RENT IN FLORIDA? Florida is the only state in the country that has a general tax on the rental of real property. As such, ...

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  • FLORIDA HISTORICAL SALES TAX RATES
    FLORIDA HISTORICAL SALES TAX RATES

    Practitioners & Taxpayers, To be well prepared to examine whether proper sales tax amounts have been paid, it is often necessary to not only review the current sales tax rates, but also the sales tax ...

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  • FL TAX ALERT - PREPAID CALLING CARDS RETROACTIVELY SUBJECT TO COMMUNICATION SERVICES TAX
    FL TAX ALERT - PREPAID CALLING CARDS RETROACTIVELY SUBJECT TO COMMUNICATION SERVICES TAX

    FL DOR ATTEMPTS TO RETROACTIVELY SUBJECT RETAILERS OF PREPAID CALLING CARDS TO THE COMMUNICATION SERVICES TAX Does your company or any of your clients sell pre-paid calling cards? If so, then you ...

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  • FL TAX ALERT - GRAND JURY PROPOSAL TO INVESTIGATE CPA's AS ­­­­­SALES TAX CHEATS
    FL TAX ALERT - GRAND JURY PROPOSAL TO INVESTIGATE CPA's AS ­­­­­SALES TAX CHEATS

    ­­FL TAX ALERT – GRAND JURY PROPOSAL TO INVESTIGATE CPA's AS ­­­­­SALES TAX CHEATS Given the multi-billion dollar shortfall of the Florida's budget in 2009, an 11 th Judicial Circuit Court Grand Jury ...

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  • CRIPPLING PENALTIES UNDER FLORIDA SALES AND USE TAX LAW
    CRIPPLING PENALTIES UNDER FLORIDA SALES AND USE TAX LAW

    People often talk about how complicated government regulation is getting these days and how it makes it very hard for businesses to operate in our great country. One would think that our government ...

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  • FLORIDA TAXPAYER BILL OF RIGHTS
    FLORIDA TAXPAYER BILL OF RIGHTS

    FLORIDA TAXPAYER BILL OF RIGHTS FL Form GT-800039, Revised 05/12 Do you know your rights under Florida law? The Department of Revenue is responsible for administering the tax laws of Florida in a fair ...

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  • FL LEGISLATION ALERT - RENEWABLE FUELS & EQUIPMENT - SALES TAX EXEMPTION
    FL LEGISLATION ALERT - RENEWABLE FUELS & EQUIPMENT - SALES TAX EXEMPTION

    FL SALES TAX EXEMPTIONS – GAS STATIONS TAKE NOTE - BIODIESEL, ETHANOL, AND OTHER RENEWABLE FUELS AND RELATED EQUIPMENT Florida recently amended § 212.08(7)(hhh), Florida Statutes, to allow for a ...

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  • FL Legislation Alert - NEW LAW EASES SALES TAX LIABILITIES ASSUMED IN BUSINESS TRANSFERS
    FL Legislation Alert - NEW LAW EASES SALES TAX LIABILITIES ASSUMED IN BUSINESS TRANSFERS

    HAVE CLIENTS THAT ARE CONSIDERING BUYING OR SELLING A FLORIDA BUSINESS? – THE LAW CHANGED 4-6-2012 – Sec. 213.758, F.S. Prior to April 6, 2012, the purchaser (transferee) of a business ASSUMED the ...

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  • FLORIDA SILENT AS OTHER STATES OFFER RULINGS ON GROUPON & SALES TAX
    FLORIDA SILENT AS OTHER STATES OFFER RULINGS ON GROUPON & SALES TAX

    Florida Still a No Show as Other States Offer Rulings on Groupon Sales Tax In January 2012, I blogged about the sales tax and escheat risks associated with Groupon, Living Social, and similar online ...

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  • FL Tax Alert - ALCOHOL & TOBACCO RETAILERS BEWARE!
    FL Tax Alert - ALCOHOL & TOBACCO RETAILERS BEWARE!

    FL LEGISLATIVE ALERT - ALCHOHOL & TOBACCO RETAILERS BEWARE! A little noticed new law went into effect on May 31, 2011 that requires manufacturers, wholesalers, and distributors who sell alcohol ...

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  • FL BILL TO EASE SALES TAX LIABILITIES ASSUMED IN BUSINESS TRANSFERS
    FL BILL TO EASE SALES TAX LIABILITIES ASSUMED IN BUSINESS TRANSFERS

    HAVE CLIENTS THAT ARE CONSIDERING BUYING OR SELLING A FLORIDA BUSINESS? – YOU SHOULD FOLLOW SB 170 / HB 103 You may already know, under current Florida law, the purchaser (transferee) of a business ...

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