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Florida Sales Tax Attorney - Tax Warrant & Lien

Florida Tax Laws - Collections Actions

When an assessment against a taxpayer (including a business or corporation) is finalized, whether by Florida sales tax audit or whatever means, the Department of Revenue (DOR) issues a Notice of Collection. If your debt is swiftly paid or arrangements are made to pay it, the matter does not have to go forward to collection actions. A tax warrant is issued by the DOR, however, when your taxes are unpaid and this document publicly establishes the DOR believes you owe. Upon filing in the Circuit Court where you own real or personal property, the result is a lien will be put into effect.

What is a Tax Lien?

In Florida, a tax lien is a legal claim imposed by the government on a property or asset due to unpaid taxes. It serves as a way for the government to secure its interest in collecting the outstanding tax debt.

Here is some information specific to tax liens in Florida:

  1. Filing and Public Record: In Florida, tax liens are filed as public records with the Clerk of Court or other government offices in the county where the taxpayer’s real property is located. This allows creditors and potential buyers to be aware of the tax debt associated with the real property. Tax liens are often filed with sunbiz as a judgement lien to cover tangible personal property owned by the business, also putting creditors and potential buyers on notice.
  2. Delinquent Taxpayers: The Florida Department of Revenue maintains a list of delinquent taxpayers. These taxpayers have outstanding tax liabilities and may have a tax lien recorded against their property.

  3. Tax Certificate Sales: In Florida, tax certificate sales are held annually before June 1. These public auctions are conducted by the tax collector and involve selling tax certificates to investors. The tax certificate represents a lien on unpaid real estate properties. Interest accrues on the tax certificate from June 1 until the taxes are paid.

  4. Tax Deed Sales: If the tax debt remains unpaid for a specific period, the property may be subject to a tax deed sale. A tax deed sale is the sale of the property to recover the past-due real estate taxes and associated fees. The process involves selling the property to the highest bidder at a public auction.

  5. Researching and Participating: Information about tax deed sales in Florida can be obtained through websites or by calling the relevant authorities. Interested parties can research properties offered for sale, participate in bidding, and make the final payment to acquire the property.

What Can Be Done If I Owe Back Taxes in Florida?

Florida tax law allows the following actions to be done when you owe back taxes:

  • Garnishment of your wages
  • Revocation of your business registration or licenses
  • Your bank account can be frozen and taken to retire your tax debt
  • Your property and assets can be encumbered, seized and sold to pay your back taxes
  • Despite paying the debt, the lien will remain on your credit report for 7 to 10 years
  • Subject to penalties between 10% per month and 100% of the tax due.
  • Interest on the debt accrues daily on the unpaid balance
  • Issue an arrest warrant with the local law enforcement

The Law Offices of Moffa, Sutton, & Donnini, P.A. have over 30 years of experience in successfully resolving serious tax problems in Florida. Florida tax controversy is the main focus of our practice and our 30 plus years of work as lawyers and 50 plus years work as CPAs has given us the knowledge required to aggressively tackle tough tax situations. If you have received a tax warrant or feel that you soon will, it is time to retain a hard-hitting Florida sales tax lawyer from our firm.

Halting the Effects of a Florida Tax Warrant/Lien

In 2010, our state legislature granted authority to the DOR to publish the names of taxpayers who have unpaid taxes. Unpaid taxes will not simply go away. Tax authorities will keep your case open for many years to come. In fact, a Florida tax warrant often may not be relieved in bankruptcy. Therefore, it is vital that an experienced attorney review you case to go over what legal option is most favorable for you.

A wage garnishment or a levy on your property may, many times, be stopped or reversed quickly. We are ready to meet, discuss your case, and get to work on your behalf.

Quickly contact a Florida sales tax attorney from our firm to find out about legal solutions to tax warrants and liens. © 2011-2019 – All Rights Reserved – the Law Offices of Moffa, Sutton, & Donnini, P.A.

  • FL Dept. of Revenue
  • ABA
  • FL State Bar

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