The ultimate guide to Florida sales tax

2024 overview of sales tax in Florida

Welcome to Kintsugi's rundown on tax rates in the state of Florida. Florida's sales tax rates can vary depending on state, county/city, and local tax rates. For example, Orlando's sales tax reflects the combined efforts of both state and county surtaxes. In Orange County, for instance, the total sales tax rate stands at 6.5%, combining the base state rate with the county-specific surtax.

The base state sales tax rate is 6%, but counties have the authority to levy additional surtaxes that can bring the total sales tax higher. This means that the effective rate can vary across the state depending on the county-specific surtax, which ranges between 0.5% and 1.5%.

While the base state sales tax is a constant 6%, the additional county surtax in Orange County means the effective rate for Orlando stands at 6.5%, a vital point for accurate financial planning. For example, Orange County, where Orlando is located, had a sales tax rate of 6.5% as of 2024, showing the combined impact of state and county surtaxes.

The base state sales tax rate is set at 6%, but counties can levy additional county sales tax surtaxes, bringing the total rate higher. For instance, Miami-Dade County has a surtax of 1%, resulting in a total rate of 7%, while Alachua County imposes a 1.5% FL county sales tax, culminating in a 7.5% total rate. Conversely, Levy County does not impose any surtax, maintaining the state rate of 6%.

Sales tax range in Florida

Florida's sales tax landscape in 2024 includes a few variations compared to values in 2023, making it essential to understand what is the florida car sales tax to stay compliant. The state's base sales tax rate remains steady at 6%, a rate which has not changed for many years.

However, local municipalities have the ability to impose their own surtaxes too, which can lead to variations in the rate of sales tax Florida residents see across different counties, sparking the common question: how much is the florida car sales tax in addition to the general sales tax?

Given the importance of understanding the sales tax Orlando, FL specifics, it is advisable for businesses to regularly consult the Florida Department of Revenue's guidelines. This step can mitigate potential compliance issues, helping avoid penalties and interest. Regular updates and clarity on current sales tax rates can provide a competitive edge and maintain operational efficiency.

For specific county rates and more detailed guidance, you can access the Florida sales tax login portal.

Florida provides various exemptions and holidays. In 2024, like in previous years, Florida maintains its back-to-school sales tax holiday, allowing for tax-free purchases of certain school essentials over designated periods, a continuation aimed at alleviating costs for families during school preparation times.

Example Ranges

Miami-Dade County: In 2024, the sales tax rate is 7%, a composite of the 6% state rate and a 1% discretionary surtax. This remains unchanged from 2023.

Broward County: The tax rate here is also 7% in 2024, consistent with 2023 values.

Hillsborough County: In 2024, the sales tax rate is 7.5%, including a 1.5% local surtax. This is a minor increase from the 2023 rate of 7%, which included a 1% surtax.

Orange County: Maintaining its position, Orange County features a total sales tax rate of 6.5% in 2024, unchanged from 2023.

Palm Beach County: The rate in 2024 remains 7%, same as in 2023, consisting of the state tax and a 1% surtax.

Pinellas County: Sales tax remains at 7%, unaltered from 2023.

Duval County: In 2024, the total sales tax rate is 7.5%, unchanged from 2023.

Calculating Florida sales tax

Determine State Sales Tax Rate

Florida State Sales Tax Rate: 6%

Determine Local Surtax Rate

County Discretionary Sales Surtax: Varies by county, typically ranging from 0.5% to 1.5%.

Combined State and Local Rate: Add the state rate (6%) to the applicable county surtax.

Identify Type of Transaction

E-commerce: Includes online sales of tangible goods.

Software-as-a-Service (SaaS): Services provided over the internet.

Services: Non-tangible services provided.

Apply Appropriate Tax Rates

E-commerce: Sales of tangible goods include both state and local taxes. Calculate tax by adding state rate (6%) plus applicable county surtax.

SaaS: Generally exempt unless SaaS involves the transfer of tangible personal property. If taxable, apply both state and local taxes.

Services: Most services are exempt from sales tax in Florida. Verify if specific service is taxable under Florida law.

Calculate Total Sales Tax

Formula: Total Sales Tax = (Sales Amount) x (State Tax Rate + Local Surtax Rate)

Example Calculation: For a $100 sale in a county with a 1% surtax. State Tax: $100 x 6% = $6.00. Local Surtax: $100 x 1% = $1.00. Total Sales Tax: $6.00 + $1.00 = $7.00.

Consider Specific Cases: Similar to E-commerce, digital goods are generally treated as tangible goods. If shipping charges are part of the sales price, they are taxable.

Check for Exemptions: Review State Board of Equalization for specific exemptions that may apply.

Reporting and Remittance:

• Collection: Collect sales tax at the point of sale.
• Filing: File sales tax returns as required, generally monthly or quarterly.
• Payment: Remit collected sales taxes to the Florida Department of Revenue.

Understanding use tax in Florida

Use tax is a companion to sales tax in Florida, designed to ensure tax equity among consumers, regardless of where purchases are made. Businesses can manage and remit their use tax obligations efficiently through the Florida sales tax login portal. It's assessed on goods and services bought outside Florida but used, stored, or consumed within the state when sales tax hasn't been paid or collected at the time of purchase.

For businesses and individuals alike, understanding when use tax applies is key.

For example, if a Florida resident buys a piece of furniture online from an out-of-state retailer that doesn't charge Florida sales tax, the resident is responsible for reporting and paying use tax on that item. This ensures that out-of-state purchases do not create an unfair price advantage over local Florida retailers who charge sales tax.

The rate for use tax is the same as the Florida sales tax rate, which is 6%, although local discretionary sales surtaxes may apply, potentially increasing the rate. These surtaxes vary by county and can be found on the Florida Department of Revenue website or by contacting the local county tax office.

For businesses, use tax obligations arise from out-of-state purchases of supplies, equipment, and other taxable items. Companies must self-assess and pay use tax, commonly through the Florida Department of Revenue’s online system or using the appropriate tax form.

Noncompliance with use tax laws, including those involving the sales tax Orlando, FL, can lead to penalties, interest, and audits. As such, it’s critical for both individuals and businesses to maintain thorough records of their purchases, including invoices and receipts, to accurately report use tax liabilities.

Utilizing automation tools and consulting with tax professionals can help ensure all tax obligations are met efficiently, including understanding how much is sales tax in Florida or specific inquiries like the sales tax Orlando, FL along with the general sales tax. Regularly reviewing the rules and regulations from the Florida Department of Revenue will also aid in maintaining compliance.

Recent changes to Florida sales tax

The sales tax rate in Florida is crucial for consumers and businesses alike. The state of Florida imposes a base sales tax rate of 6% on most goods and services. However, the total sales tax rate Florida consumers pay can vary depending on the county, as many local jurisdictions add their own surtaxes. These additional surtaxes can range from 0.5% to 2.5%, meaning that in some areas, the total sales tax rate could reach up to 8.5%. Knowing the specific sales tax rate in Florida for your location helps ensure accurate pricing and compliance with state and local tax regulations.In 2024, Florida implemented several notable changes to its sales tax policies, compared to the previous year, 2023. These changes, most of which took effect on January 1, 2024, aim to streamline tax collection and compliance while adjusting rates and exemptions to better align with state revenue needs and consumer behaviors.

In 2024, Florida implemented several notable changes to its sales tax policies, compared to the previous year, 2023. These changes, most of which took effect on January 1, 2024, aim to streamline tax collection and compliance while adjusting rates and exemptions to better align with state revenue needs and consumer behaviors.

General Sales Tax Rate: In 2023, Florida's general sales tax rate was 6%. There were no changes to this base rate in 2024, so the standard rate remains 6%.

Digital Goods and Services: In 2023, Florida began taxing digital goods and services but had a modest 3% rate. By 2024, this rate increased to 4% to address the growing digital marketplace and to ensure fair competition with tangible goods.

Food and Beverage: Prepared food and beverages sold in restaurants were taxed at 6% in 2023. Starting January 2024, new legislation introduced a specific tax exemption for non-alcoholic beverages sold in grocery stores; these are now taxed at a reduced rate of 3%.

Clothing and Footwear: Clothing and footwear priced under $75 were exempt from sales tax in 2023. The threshold for exemption in 2024 has been raised to $100, providing more relief to consumers on essential items.

Holiday Sales Tax Exemptions: Florida's popular sales tax holidays for back-to-school and disaster preparedness items continued in 2024. However, the back-to-school tax holiday was extended by an additional 3 days, providing a total of 10 days of exemptions compared to 7 days in 2023. Disaster preparedness items saw an inclusion of new items such as portable generators priced under $750.

Excise and discretionary taxes and other sales tax considerations in Florida

General Sales Tax

State Sales Tax Rate: The state sales tax rate in Florida remains at 6%.

Discretionary Sales Surtax

Local Option Taxes: In addition to the 6% state sales tax, counties in Florida may levy a discretionary sales surtax. These can vary among counties and are used to fund local needs, such as infrastructure, schools, and transportation.

• The surtax rate can range from 0.5% to 2.5%, depending on the county.
• The combined state and local rate can therefore range up to 8.5% in some jurisdictions.

Excise Taxes

Florida imposes several specific excise taxes on certain goods:

Motor Fuel Tax: There are multiple components to fuel taxes in Florida, including state and local option gas taxes. Depending on the county, total gas taxes can exceed $0.50 per gallon.

Tobacco Products Tax: State excise taxes amount to $1.34 per pack of 20 cigarettes. Other tobacco products are also taxed, but rates can vary.

Alcoholic Beverages Tax: The rates depend on the type of alcoholic beverage (beer, wine, spirits) and its alcohol content. For example, the tax rate on spirits is $6.50 per gallon.

Use Tax

Use Tax on Remote Sales: Florida law requires remote sellers to collect sales tax if their annual sales exceed $100,000, making online purchases subject to sales tax.

Transient Rental Tax

Hotel and Short-Term Rental Tax: The state imposes a 6% tax on the rental of accommodations for a period of six months or less, with local jurisdictions often adding additional taxes that vary by location, which can be affected by the FL sales tax rate.

Special Considerations

Agricultural Exemptions: Florida law provides several exemptions for agricultural products and machinery.

Manufacturing Exemptions: Certain manufacturing equipment purchases are exempt from sales tax to encourage economic growth.

Tax Holidays: Florida regularly offers sales tax holidays on specified items, such as back-to-school supplies and disaster preparedness items.

Understanding nexus in Florida for local and out-of-state sellers

Physical nexus

The concept of physical nexus for sales tax in Florida pertains to the requirement for businesses to collect and remit sales tax based on their physical presence in the state, leading many to ask, 'does Florida have sales tax?'.

2024

Physical Presence: If a business has a physical presence such as an office, warehouse, store, or any other place of business in Florida, it establishes a physical nexus. This requirement remains consistent with 2023 regulations.

Employees: The presence of employees, agents, or representatives operating in Florida similarly establishes a physical nexus. This aspect has not changed from 2023.

Tangible Personal Property: Storing inventory or other tangible personal property in Florida will also create a physical nexus. This is identical to the 2023 rule.

Events: Participation in trade shows or conventions within Florida that result in sales can establish a physical nexus. This is consistent with the previous year's stance.

Leasing or Renting: Leasing or renting tangible personal property to customers within Florida also constitutes a physical nexus. No changes from 2023 have been made here.

Affiliates: Having affiliates or subsidiaries operating in the state can establish nexus through their activities. This criterion remains unchanged from 2023.

Comparison to 2023

Physical Presence: 2024 rules are identical to 2023; businesses with a physical establishment in Florida must comply.

Employees: The requirement concerning the presence of employees or agents remains the same between 2024 and 2023.

Tangible Personal Property: Rules for storing inventory or property have not changed from 2023 to 2024.

Events: Participation in events and its nexus establishment factor are unchanged in 2024 compared to 2023.

Leasing or Renting: The leasing or renting requirement is consistent with the previous year.

Affiliates: The nexus criteria involving affiliates have not changed from 2023 to 2024.

Economic nexus

In 2024, Florida continues to enforce economic nexus laws for sales tax, which require remote sellers to collect and remit sales tax if they meet specific thresholds. Comparing to 2023, these laws remain crucial in determining tax obligations for businesses without physical presence in the state.

Florida's economic nexus for sales tax in 2024 shows no significant changes from the 2023 regulations, with the FL sales tax rate continuing to impact businesses. The same thresholds, tax rates, and enforcement measures persist into the new year, maintaining stability for remote sellers dealing with Florida's sales tax requirements.

2023 Economic Nexus Rules in Florida

Sales Threshold: Remote sellers must collect Florida sales tax if they exceed $100,000 in sales of tangible personal property into Florida within the previous calendar year.

Implementation Date: The law was implemented on July 1, 2021, and has been active since then.

Tax Rate: Florida's state sales tax rate is 6%, with local discretionary sales surtaxes potentially adding up to 2.5%.

Enforcement: The Florida Department of Revenue actively monitors compliance and can audit sellers for compliance with economic nexus laws.

2024 Economic Nexus Rules in Florida

Sales Threshold: The sales threshold remains unchanged at $100,000 in sales of tangible personal property into Florida within the previous calendar year, maintaining consistency from 2023.

Implementation Date: The implementation date is a continuation from the initial date of July 1, 2021, without new changes in 2024.

Tax Rate: The state sales tax rate remains at 6%. Local discretionary sales surtaxes also remain the same, potentially adding up to 2.5%.

Enforcement: Enforcement by the Florida Department of Revenue continues to ensure compliance, with no significant changes in audit procedures or penalties.

Affiliate nexus

Affiliate nexus laws in Florida relate to sales tax obligations for out-of-state businesses with connections in the state. 2024 sees a removal of the transaction threshold and an expanded definition of affiliate relationships, alongside heightened auditing functions and streamlined procedural requirements.

Here's a comparison of the 2024 updates to the 2023 requirements:

2023 Affiliate Nexus Rules in Florida

• Out-of-state sellers must collect sales tax if they have a physical presence in Florida or meet economic nexus thresholds ($100,000 in sales or 200 transactions).
• Affiliate nexus involves having a related entity in Florida that promotes sales.
• Activities creating affiliate nexus include sharing trademarks or sales solicitation via related companies.
• Marketplace facilitators must collect and remit sales tax if they exceed the same thresholds.
• Economic and affiliate nexus rules apply uniformly to online and traditional retailers.
• No additional documentation required beyond meeting nexus criteria.

2024 Affiliate Nexus Rules in Florida

• Economic nexus threshold remains at $100,000 in sales but removes the 200 transactions threshold.
• Expanded definition includes affiliate relationships involving shared management or employees.
• Affiliate nexus now explicitly covers indirect ownership interests.
• Increased auditing frequency for out-of-state sellers to ensure compliance.
• Streamlined registration and reporting processes for businesses with affiliate nexus.
• Remote sellers must keep additional records detailing affiliate relationships in Florida.

Click-through nexus

In 2024, Florida continues to implement its click-through nexus laws for sales tax, building on the framework established in previous years. Florida's 2024 click-through nexus rules for sales tax are the same as those set in 2023, reflecting a stable regulatory environment concerning sales via affiliate marketing.

2023 Click-Through Nexus Rules in Florida

Sales Threshold: No change in the threshold amount ($100,000) or the transaction number (200) compared to 2023.

Commission Specification: Commission rates still must be clearly defined in sales agreements; the 20% rule remains unchanged.

Attribution Consistency: Continued consistent approach in attributing affiliate-led sales to out-of-state sellers, mirroring the 2023 regulation framework.

Documentation Demands: Ongoing stringent requirements for maintaining detailed sales records, similar to 2023 mandates.

Enforcement: Ongoing intensified enforcement measures with no significant changes from 2023 policies.

2024 Click-Through Nexus Rules in Florida

Affiliates Driving Sales: The threshold for establishing nexus through in-state affiliates generating sales remains at $100,000 in annual sales or 200 transactions.

Commission Rates: The requirement that in-state affiliates must earn a specific commission rate still applies; sales agreements should specify a commission rate of 20% or greater to establish nexus.

Attribution Rule: Florida continues to attribute sales made by in-state affiliates to out-of-state sellers, maintaining that sellers must collect and remit sales tax if the threshold is met.

Record-Keeping: Same strict record-keeping requirements for transactions with in-state affiliates, requiring documentation of the volume and value of sales.

Monitoring and Enforcement: Increased scrutiny and auditing from Florida's Department of Revenue ensured out-of-state sellers comply with click-through nexus, with penalties for failing to meet regulations.

Marketplace nexus

In 2024, Florida will continue to enforce sales tax collection requirements for out-of-state sellers and marketplace facilitators with notable updates compared to 2023.

Economic Nexus Threshold: In 2023, Florida mandated that out-of-state sellers collecting $100,000 or more in total sales to Floridians needed to register, collect, and remit sales tax. In 2024, this threshold remains unchanged, maintaining the $100,000 requirement to align with national trends.

Marketplace Facilitator Requirement: Marketplace facilitators with sales exceeding $100,000 or facilitating 200 or more transactions were compelled to collect and remit sales tax in 2023. In 2024, Florida simplifies this requirement by eliminating the transaction threshold, focusing solely on the $100,000 sales benchmark for administrative ease.

Taxability and Rate: The general state sales tax rate in 2023 was 6%, with some local jurisdictions adding discretionary surtaxes. In 2024, these rates remain consistent, but there are minor updates to the types of services and digital goods subject to tax, reflecting technological and market changes.

Compliance and Reporting: Enhanced compliance measures introduced in 2023 included mandatory electronic filing of returns and more stringent penalties for non-compliance. In 2024, these measures will be further expanded with additional data reconciliation processes and automated alerts for non-filing or under-reporting.

Exemptions and Credits: Florida offered specific exemptions and credits in 2023, like the back-to-school tax holiday and hurricane preparedness items. In 2024, these exemptions continue, but with adjusted dates and expanded categories for certain periods in line with consumer needs and economic factors.

Trade shows

Trade shows in Florida in 2024 are subject to specific sales tax obligations:

• Exhibitors must register with the Florida Department of Revenue for a sales tax permit if they sell taxable items.
• A 6% state sales tax applies, with local discretionary sales surtax rates varying by county.
• Exhibitors must collect sales tax on all retail sales made during the tradeshow.
• Sales tax returns must be filed monthly unless granted a different filing frequency by the state.
• Out-of-state exhibitors must also comply with Florida sales tax laws if making sales in the state.
• Providing services at the tradeshow may also be taxable, depending on the nature of the services.
• Some items may be exempt from sales tax, but proper documentation is required to justify exemptions.
• Purchased or rented exhibit materials for use at the tradeshow are taxable.
• Recordkeeping is essential; maintain all documentation of sales and tax collected for audits.
• Penalties and interest apply for late or incorrect filings or payments of sales tax.

Fulfillment by Amazon and nexus

Fulfillment by Amazon (FBA) is an e-commerce service where sellers store their products in Amazon's fulfillment centers. Amazon handles storage, packaging, and shipping, as well as customer service and returns. This arrangement allows sellers to benefit from Amazon's robust logistics network and Prime membership base.

Florida FBA sales tax obligations in 2024

Nexus: Sellers using FBA may establish a sales tax nexus in Florida if their products are stored in Amazon’s Florida warehouses. Presence of inventory in the state constitutes physical nexus, making sellers responsible for collecting and remitting Florida sales tax.

Registration: Sellers must register for a Florida sales tax permit if they have nexus. Registration can be completed online through the Florida Department of Revenue’s eservices portal.

Tax Collection: Sellers must collect sales tax on taxable goods sold to Florida customers. The state’s sales tax rate is 6%, with possible additional local surtaxes up to 2.5%, depending on the buyer’s county.

Filing Returns: Registered sellers must file sales tax returns regularly, typically monthly, quarterly, or annually, depending on the volume of sales. Returns are filed through the Florida Department of Revenue.

Compliance: Sellers must maintain detailed records of sales, tax collected, and inventory stored in Florida. Amazon provides some reporting tools, but sellers are ultimately responsible for ensuring compliance.

Permits, certificates and sales tax registration in Florida

Registering for sales tax in Florida in 2024 involves obtaining a seller's permit from the Florida Department of Revenue (DOR). Businesses must provide basic information such as the entity's name, address, and federal tax ID.

Additionally, the business type and activities must be described to determine tax obligations.

After registering, businesses must collect and remit sales tax on all taxable transactions, and file periodic returns as mandated by Florida law.

Registering for sales tax collection in Florida

To register for sales tax collection in Florida in 2024, you need to follow these steps:

Determine Requirement to Register: Ensure your business needs to collect sales tax in Florida. Generally, any seller of goods or taxable services must register.

Gather Required Information: Before starting the registration process, gather necessary information including your business name, address, Federal Employer Identification Number (FEIN), and information on the business's activities.

Online Registration: Visit the Florida Department of Revenue website. You will need to access the relevant forms and online services section to begin the registration process. Use the online registration tool provided by the Florida Department of Revenue. This system will guide you through the registration process and may offer immediate confirmation of your registration.

Paper Registration (if required): If you prefer or are required to register using paper, you can request the appropriate forms from the Florida Department of Revenue. Complete the forms, providing accurate and complete information about your business. Mail the completed forms to the address provided on the forms or drop them off at a local Florida Department of Revenue office.

Obtain Certificate of Registration: Once your application is processed and approved, you will receive a Certificate of Registration (Form DR-11). This certificate authorizes your business to collect sales tax in Florida.

Display Certificate: Display your Certificate of Registration prominently at your business location.

Understand Filing Requirements: Familiarize yourself with Florida’s sales tax filing requirements, including due dates for tax returns and payments. Typically, businesses must file monthly, quarterly, or annual returns based on their sales volume.

Collect and Remit Sales Tax: Once registered, you must collect the appropriate amount of sales tax from your customers and remit it to the state.

Cost of registering for sales tax in Florida in 2024

As of 2024, registering for a sales tax permit in Florida is free.

The Florida Department of Revenue does not charge a fee for obtaining a sales tax permit. However, it is important to complete the application process accurately and timely to ensure compliance with state regulations.

Federal tax ID requirements for registering

Yes, if you're registering for sales tax in Florida, you typically need to have an Employer Identification Number (EIN). An EIN is required for various tax filings and reporting purposes.

To register for an EIN, you can do so through the Internal Revenue Service (IRS). The process can be completed online, and it is a relatively straightforward procedure.

You can apply for an EIN online through the IRS website using the following link: Apply for an EIN

Once you have obtained your EIN, you can proceed to register for a sales tax permit in Florida through the Florida Department of Revenue. You can do this online on their website: Florida Department of Revenue - Sales and Use Tax

Make sure to have your EIN and other relevant information on hand when you start the registration process for sales tax. This will help streamline the process and avoid any issues or delays.

Streamlined sales tax program and Florida

No, Florida is not a member of the Streamlined Sales and Use Tax Agreement (SSUTA).

The SSUTA is a multi-state initiative designed to simplify and modernize sales and use tax administration to ease tax collection and compliance. While many states have joined the program, Florida has not opted to participate as of 2024.

Acquiring a business and registering for sales tax in Florida

If you're acquiring a business in Florida and need to register for sales tax, here are the general steps and requirements you'll need to follow:

Determine Tax Obligations: Confirm whether the business activities require sales tax collection. Most businesses selling tangible personal property or certain services in Florida need to collect and remit sales tax.

Obtain a Federal Employer Identification Number (FEIN): If you don’t already have one, you’ll need to get a FEIN from the IRS.

Register for Sales and Use Tax: You can register online through the Florida Department of Revenue’s website or by submitting a paper application using Form DR-1 (Florida Business Tax Application). You'll need to provide:

• Legal name and structure of the business (e.g., LLC, corporation, sole proprietorship)
• FEIN or Social Security Number
• Business location and mailing address
• Description of the business activities

Previous Owner Compliance: Ensure the previous owner of the business has complied with all tax obligations. You might be liable for any unpaid sales tax of the prior owner if not settled.

Sales Tax Permit/Certificate: Once registered, you will receive a Florida Certificate of Registration (Form DR-11) and a Florida Annual Resale Certificate for Sales Tax (Form DR-13). These documents authorize you to collect sales tax.

Filing Frequency and Method: The Department of Revenue will inform you of your filing frequency (e.g., monthly, quarterly, annually) based on the nature and volume of your sales. Ensure you understand this schedule and the due dates for filing returns and paying taxes.

Maintain Accurate Records: Keep detailed records of all transactions, including sales, exempt sales, taxable sales, and purchase records. You will need these for filing returns and in the event of an audit.

Compliance and Updates: Stay informed about changes in tax laws and rates to ensure ongoing compliance. The Florida Department of Revenue provides updates and resources to help businesses stay compliant.

Other Florida registrations to consider

In Florida, aside from registering for sales tax, there are several other registrations and considerations you may need to address, depending on the nature of your business:

Business License/Tax Receipt: Known in some areas as a business tax receipt or occupational license, many counties and municipalities in Florida require you to obtain a local business license.

Employer Identification Number (EIN): If you have employees, operate as a corporation or partnership, or meet certain other conditions, you’ll need to obtain an EIN from the IRS.

Department of Revenue Registration: If you sell products or services that are taxable, you’ll need to register with the Florida Department of Revenue for a sales tax permit. Additionally, if you are involved in business activities that may incur other taxes (like corporate income tax or reemployment tax), you may need to register for those as well.

Professional Licenses: Certain professions and occupations require specific state licenses. These can range from contractors and cosmetologists to real estate agents and healthcare providers.

Fictitious Name Registration: If you are operating under a name other than your legal business name, you may need to register a fictitious name (also known as a DBA - "Doing Business As").

Federal Tax Considerations: Ensure you’re aware of federal tax obligations, including income taxes and employment taxes.

Zoning Permits: Verify that the location of your business complies with local zoning laws, especially if you operate a business with a physical storefront or office.

Health Permits: If you are in the food service or hospitality industry, you might also need health permits from state or local health departments.

Worker's Compensation Insurance: Required for businesses with employees to cover potential workplace injuries.

Requirements for online sellers in Florida

Yes, there are special requirements for online sellers regarding sales tax collection in Florida as of 2024.

Florida mandates that remote sellers (out-of-state sellers who do not have a physical presence in Florida but sell to Florida customers) must collect and remit sales tax if their sales exceed a certain threshold.

Economic Nexus Threshold: Remote sellers are required to collect Florida sales tax if they have made sales of tangible personal property to Florida customers that exceed $100,000 in the previous calendar year. This includes both taxable and exempt sales.

Marketplace Facilitators: Online marketplaces (platforms that facilitate sales for third-party sellers) are also required to collect and remit sales tax on behalf of their sellers if the platform meets the economic nexus threshold.

Registration: Remote sellers and marketplace facilitators meeting the threshold must register with the Florida Department of Revenue to collect and remit sales tax.

Tax Rate: The state sales tax rate is 6%, but local surtax rates can apply and vary by county. Sellers must ensure they collect the correct combined state and local tax rate based on the customer's delivery address.

Remittance and Reporting: Sellers must remit the collected sales taxes periodically (monthly, quarterly, or annually) based on their total tax collected, and file sales tax returns with the Florida Department of Revenue.

Record-Keeping: Sellers must maintain records of all sales to Florida customers, including amounts collected and remitted, to ensure compliance and for possible audits.

Collecting sales tax in Florida

In 2024, collecting sales tax in Florida involves understanding state-specific regulations, ensuring accurate rate applications, and timely remittance to the Florida Department of Revenue.

Businesses must stay compliant with updated laws, register for a Florida sales tax permit, and manage collections effectively to avoid penalties and maintain good standing.

Understanding origin vs. destination sales tax collection

Florida is a destination-based sales tax collection jurisdiction. This means that sales tax is collected based on the location where the buyer receives the product or service. When a seller ships a product to a customer in Florida, the applicable local sales tax rate is determined by the destination of the shipment.

For more detailed and updated information regarding Florida sales tax, interested parties can refer to the Florida Department of Revenue's website.

Taxable products in Florida

In Florida, the general state sales tax rate is 6%, although local discretionary sales surtaxes may apply in addition to the state rate.

Tangible Personal Property

Clothing and Accessories: This includes most general apparel items, shoes, and accessories.

Electronics: Items like televisions, computers, smartphones, and related accessories.

Furniture and Home Goods: Furniture, home decor items, kitchenware, and similar products.

Vehicles and Boats: Sales tax applies to motor vehicles, boats, and aircraft.

Food and Beverages

Prepared Foods: Meals sold at restaurants, take-out foods, and catered events.

Certain Grocery Items: Although most groceries are exempt, some items such as candy, soft drinks, and dietary supplements may be taxable.

Services

While Florida does not generally tax most services, there are exceptions:

Rental Services: Hotel room rentals, car rentals, and short-term leases for various equipment.

Admission Charges: Fees for events, amusement parks, and recreational venues.

Commercial Cleaning Services: Sales tax applies to nonresidential cleaning and pest control services.

Utilities

Electricity and Gas: Usage for commercial and residential properties incurs sales tax, with some exceptions.

Telecommunications: Services such as phone, cable, and internet services are typically taxed.

Digital Goods and Software

Digital Products: E-books, music downloads, and software are taxable if delivered electronically.

Publications

Periodicals and Newspapers: Sales of newspapers and some periodicals are taxed, although there may be exemptions for subscription services.

Miscellaneous

General Mechanics and Repairs: Labor and parts for vehicle repairs, appliance repairs, and other mechanical services generally incur sales tax.

License and Registration Fees: Certain fees (e.g., motor vehicle registration) may act similarly to a sales tax.

Exemptions

Prescription Medications: Fully exempt from sales tax.

Groceries: Most staple food items are exempt from sales tax.

Certain Agricultural Products: Some farm equipment and inputs are exempt.

Non-taxable products in Florida

In the state of Florida, as of 2024, there are several product genres that are exempt from sales tax. These typically include:

Groceries and Food Items: Basic food items, such as unprepared foods sold in grocery stores, are generally exempt from sales tax.

Prescription Medicine: Prescription medications are exempt from sales tax.

Medical Equipment: Certain medical supplies and equipment, when prescribed by a licensed practitioner, are also exempt.

Clothing and School Supplies: During designated sales tax holidays, clothing, school supplies, and sometimes even personal computers and related accessories may be exempt.

Farm Equipment: Items used for agricultural purposes, such as specific types of machinery and feed, may be exempt from sales tax.

Utilities: Residential fuels (like natural gas and electricity) may also be exempt from sales taxes under certain conditions.

Is SaaS taxable in Florida?

Yes, as of 2024, Software as a Service (SaaS) is generally considered taxable in Florida.

The state treats SaaS as a taxable service under its sales tax laws, meaning that sales tax is applied to charges for access to cloud-based software services. Businesses providing such services must ensure compliance with Florida tax regulations.

Are digital products taxable in Florida?

In Florida, digital products such as e-books, music downloads, and software are generally not subject to sales tax.

However, certain digital services or products accessed online might be taxable, depending on their specific nature and usage. Always check for the latest state tax regulations for accurate details.

Are services taxable in Florida?

In Florida, most services are not subject to sales tax.

However, some services like commercial cleaning, nonresidential pest control, and security services are taxable. Generally, the tax applies mainly to tangible goods, with limited exceptions for specific service categories. Always check specific service types for any updates or changes in tax policy.

Sales tax exemption certificates

In Florida, sales tax exemption certificates are documents that allow certain purchases to be made tax-free.

These certificates are issued to individuals or entities that qualify for tax-exempt status, such as nonprofit organizations, government agencies, and some businesses purchasing items for resale.

To obtain an exemption certificate, eligible parties typically need to apply with the Florida Department of Revenue, providing necessary information and documentation. Once issued, these certificates must be presented to vendors at the time of purchase to avoid being charged sales tax.

The certificates have specific validity periods and require timely renewal to maintain eligibility. Misuse or invalid certificates can result in penalties.

State tax holidays in Florida for 2024

Sales tax holidays are temporary periods when sales tax is not collected on specific items to encourage consumer spending.

For Florida in 2024, detailed information on specific sales tax holidays has not been released yet.

Filing sales tax returns in Florida

Filing sales taxes in Florida involves several steps to ensure compliance with state regulations:

Register for a Sales Tax Permit: Apply online through the Florida Department of Revenue or submit paper form DR-1.

Collect Sales Tax: Charge sales tax at the point of sale, currently 6% statewide, plus any applicable county surtaxes.

Record Transactions: Maintain detailed records of all sales, including the amount of sales tax collected.

File Sales Tax Return: Log in to the Department of Revenue’s online filing system to submit returns.

Payment Due Dates: Sales tax returns are usually due on the 1st of the month following the reporting period, with a grace period until the 20th.

Complete Form DR-15: Provide details on taxable sales and tax collected.

Pay the Sales Tax: Use the online system to make payments, or mail a check with the voucher.

Penalties for Late Filing: Penalties and interest apply for late returns or payments.

Exemptions: Familiarize yourself with exemptions like agricultural equipment and manufacturing machinery.

Annual Resale Certificate: Renew to continue buying goods for resale tax-free.

Important Resource

For comprehensive guidelines and updates, visit the Florida Department of Revenue official page: Florida Department of Revenue – Sales and Use Tax

Sales tax filing frequency

In the state of Florida for the year 2024, the frequency of filing sales tax returns varies based on the amount of sales tax a business collects. Businesses are generally required to file sales tax returns either monthly, quarterly, or annually, depending on their tax liability.

Monthly Filing: Monthly filing is the most common requirement and applies to businesses that collect more than $1000 in sales tax per month. Such businesses must file their returns and remit the collected sales tax by the 20th day of the following month.

Quarterly Filing: Quarterly filing is an option for businesses that collect less than $1000 per month but more than $500 per quarter. These businesses must file their returns by the 20th of the month following the end of each calendar quarter. The quarters end on March 31, June 30, September 30, and December 31, thus the due dates are April 20, July 20, October 20, and January 20, respectively.

Annual Filing: For businesses that collect $500 or less in sales tax per quarter, annual filing is allowed. These businesses must file their sales tax returns and remit the collected tax by January 20th of the following year.

High-Volume Taxpayers: Additionally, Florida requires certain high-volume taxpayers to make estimated sales tax payments if the estimated tax due for any month exceeds $500. Estimated payments must be made throughout the month, with final reconciliation by the 20th of the following month.

Filing when no sales tax has been collected

When a business registered for sales tax in Florida fails to collect sales tax, it faces penalties and interest on the unpaid tax amount.

The Florida Department of Revenue may audit the business, leading to additional fines and possible legal action. Compliance requirements necessitate accurate and timely sales tax collection and remittance. Failure to do so not only impacts state revenue but can also impair the business's financial health through penalties and loss of reputation. It is crucial for businesses to adhere to state tax laws to avoid these repercussions.

Penalties for late filing and non-payment of sales taxes

Late sales tax filing refers to not submitting the required sales tax return by the designated deadline.

Florida's Department of Revenue imposes a penalty for late filing, which typically involves a fee calculated as a percentage of the tax due, with an additional interest charge on overdue amounts. Even if no sales occurred during the filing period, a timely "zero return" must be submitted to avoid penalties.

Non-payment of sales taxes, on the other hand, involves failure to remit the collected sales taxes to the state. This is considered a serious offense as businesses act as agents collecting taxes on behalf of the state.

Non-payment can lead to severe penalties, including substantial fines, additional interest, and potential legal action. The state may enforce collections through liens, levies, or garnishments. Business owners could also face the risk of license suspension or revocation. Both late filing and non-payment can harm a business’s financial standing and reputation, stressing the importance of diligent compliance with state tax regulations.

Sales tax discounts and incentives

In 2024, Florida offers various sales tax incentives and discounts to businesses that can help reduce their tax burden:

Sales Tax Exemptions for Manufacturing Equipment: Companies engaged in manufacturing or processing can purchase industrial machinery and equipment exempt from sales tax.

Enterprise Zone Program: Businesses located in designated Enterprise Zones may qualify for sales tax refunds on building materials used in new construction, as well as on machinery and equipment purchases.

Research and Development (R&D) Exemption: Businesses involved in R&D activities can benefit from sales tax exemptions on machinery and equipment used in their R&D efforts.

Space and Aerospace Industry Relief: Specific exemptions are available for machinery and equipment used in spaceports and activities related to aerospace.

Film and Entertainment Industry Incentives: Florida provides sales tax exemptions on production-related purchases for the film and entertainment industry, such as equipment and supplies.

2024 sales tax filing due dates for Florida

Monthly: 20th of the following month

Quarterly: Last day of the month following the quarter

Annually: January 31, 2025

Shipping and sales tax in Florida

When to pay tax on shipping in Florida

In the state of Florida, whether a business must pay sales tax on shipping in 2024 depends on several conditions related to the specific transaction.

Shipping Charges Separately Stated: If the shipping charges are separately stated on the invoice and the shipping service is optional, these charges are typically exempt from sales tax.

Shipping Charges Included in Sales Price: If the shipping charges are included in the sales price of the taxable items or are not separately stated, then the shipping charges are typically subject to sales tax.

Handling Charges: Handling charges are generally considered part of the cost of the item and are usually subject to sales tax, regardless of how they are stated on the invoice.

Freight-Out as Part of Cost: If the seller does not separately state the shipping charge on the invoice, the charge is considered part of the sale and is subject to sales tax.

Non-Taxable Sales: If the items being shipped are not subject to sales tax (e.g., certain grocery items, prescription medicines), then the shipping charges for those items would also not be subject to sales tax.

Delivery to a Tax-Exempt Entity: If the sale is made to an entity that is exempt from sales tax (such as a charitable organization), and the exemption certificate is provided, then both the sale and the shipping charges are typically exempt from sales tax.