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Florida State and Local Tax Lawyer

Business Owners and Florida Taxes

In the daily running of a business, there are many issues that arise that must be taken care of in order for you to succeed. One such issue is the correct collection and payment of state taxes. Florida tax laws are different than any other state and as such require an in-depth understanding. Even the most honest business owner can run afoul of Florida's complex tax laws. Neglecting to correctly determine and pay your taxes can have dire consequences. These consequences may not come to light until years later when you receive a Notice of Intent to Audit Books and Records (Form DR-840) from the Department of Revenue. If anything is found amiss in your tax audit, then you could face stiff penalties and interest, or even a Florida tax warrant. At times, tax controversy may even become necessary to fight for your taxpayer rights. As attorneys, we are ready to aggressively fight the Florida Department of Revenue on your behalf. We have decades of experience representing business owners just like you before the Florida Department of Revenue and Florida Courts.

As a business owner, one of the most important aspects of Florida taxes is you responsibility to COLLECT AND REMIT TAXES on behalf of the State of Florida. Many business owners find themselves in SERIOUS TROUBLE because they do not realize that "trust fund taxes," such as sales and use taxes or unemployment taxes, are never the business's money. They are funds owned by the State of Florida from the moment the transaction rising to the collection responsibility occurs. What we often see are honest business owners that find themselves short on capital that "borrow" these trust fund taxes with every intention of paying the funds back. For whatever the reason, the funds are not available when the tax returns and payments are due. Even using "trust fund taxes" for a day is considered stealing from the State of Florida and can land the employees responsible for the funds or even the owners of the business in jail. In fact, the DOR published a list of business owners that are arrested each month under these exact circumstances. Most business owners are surprised that these types of liabilities are usually NOT FORGIVEN IN BANKRUPTCY and the state can often PEIRCE THE CORPORATE VEIL to find the owners liable too. If you, as a business owner, find yourself in a sticky situation with trust fund taxes either before, during, or after an audit, then you need to contact a knowledgeable Florida sales tax attorney immediately to receive a competent defense. This situation will not simply go away and the attorneys at the Law Offices of Moffa, Sutton, & Donnini, P.A. are here to help whether the matter is still civil in nature or it has become a criminal tax matter.

If you have decided to undertake the selling or buying of a business, having an accomplished Florida sales tax audit attorney can save significant money and headaches. Many purchasers (or sellers) of a business find out the hard way that they can be personally liable for the Florida tax liabilities of the business both prior to and after the purchase as well as from the purchase transaction itself. Many business owners mistakenly believe that just purchasing the stock of a company avoids Florida sales tax on the transaction. For a new or established business, responsible state tax planning and consulting is vital to the prosperity of your business. Whether you need immediate and aggressive legal help to resolve an issue with the Florida Department of Revenue (DOR) or wish to prevent such issues in the future, the Law Offices of Moffa, Sutton, & Donnini, P.A. are here for your business with decades of knowledge and experience.

Fighting for Taxpayer Rights

We have been providing strong legal representation (state and local tax defense) in the area of state and local tax law to clients for more than 50 years and even longer as Florida licensed CPAs. We pride ourselves in taking forceful action against those who have violated our clients' rights as taxpayers and by tackling grave tax issues that could potentially hinder their success. We can work with your existing accounting department or outside CPA or Attorney to effectively resolve your Florida tax matters. If you have been wrongfully arrested after a Florida Tax Audit, then we can also sue the Department of Revenue on your behalf. If this is your situation, then please give our offices a call to discuss your options.

For CPAs and attorneys, if your client is under a Florida tax audit and you feel they could benefit from our hard-hitting legal representation/defense, we will not attempt to lure them away from you since our firm concentrates almost exclusively on Florida tax controversy matters.

Contact a Florida sales tax lawyer if you are a business owner and are in need of legal representation in any Florida tax matter. © 2011-2019 – All Rights Reserved – the Law Offices of Moffa, Sutton, & Donnini, P.A.

  • Florida DOR
  • ABA
  • FiCPA
  • The Florida Bar

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