Posted in Business & Corporate Law,Tax Law & IRS Defense

The St. Johns County and surrounding areas have seen a recent boom in the housing market and work by building contractors.  The complexity of the sales and use tax rules has led to erroneous and misapplication of the taxes, making this area ripe for Tax Audit with the Florida Department of Revenue (“DOR”). 

Posted in Business & Corporate Law,Tax Law & IRS Defense

Calendaring important IRS and tax authority deadlines can save you a lot of headaches at tax time.  To avoid paying penalties and other tax consequences, keep a calendar and plan for tax deadlines with your accountant, attorney, and other members of your professional team.  The below items are a few examples of important tax deadlines:

Posted in Business & Corporate Law,Real Estate Law

Florida imposes sales tax on rental payments for the lease of commercial real estate. The 6% state-level tax was reduced to 5.8% for 2018. The Florida legislature passed another law to further reduce the state-level rate to 5.7% for occupancy periods beginning on or after January 1, 2019.
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Posted in Business & Corporate Law,Real Estate Law,Tax Law & IRS Defense

Many local governments have enacted laws which require the owner of a short term rental property to obtain a certificate or other permit in order to utilize the property as a rental. This regulation comes in addition to obtaining a license from the Department of Business and Professional Regulation, a local business tax receipt, and the remission of Florida Sales Tax to the Department of Revenue. The issue of regulating short term vacation rentals has also been addressed recently by the Florida legislature.
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Posted in Business & Corporate Law

Last year, the Florida Division of Corporations saw a total of 395,777 business entity filings.[1]  Some of these entities may have received correspondence from various companies, claiming the entity has “one step left in order to attain your elective Florida Certificate of Status and corporate agreement templates.”  The correspondence goes on to request a fee, usually approximately $70.00, with instructions for remitting payment.

Most, if not all, of this type of correspondence is not sent by the Florida Division of Corporations.  Once a business entity or registration is properly formed, incorporated, organized or registered on record with the Florida Division of Corporations, it is not required to purchase or receive a certificate of status to be considered valid.
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Posted in Business & Corporate Law,Tax Law & IRS Defense

The Tax Cuts and Jobs Act, which was signed into law on December 22, 2017, has far-reaching implications for many Americans.  However, one outcome that may affect all Floridians is the prospect of more neighbors.  The new federal tax bill generally favors more competitive, low tax states such as Florida.  In addition to added residents, Florida may see an increase in companies that call Florida home. For years, Florida has boasted a favorable tax climate for businesses.  Some tax incentives that attract business owners include a broad range of sales and use tax exemptions available to business, as well as the absence of corporate taxes for limited partnerships and some other entity forms, to name a few benefits.  
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Posted in Business & Corporate Law,Real Estate Law

For some St. Augustine homeowners, vacation rentals are a steady source of income, but others argue that this revenue isn’t worth the cost to the community and describe these transient rentals as a “nuisance.”  Transient rentals are units or homes that are rented more than three times in a calendar year for a period of less than 30 days.  A search in the St. Augustine area for Airbnb or VRBO reveals that the industry is alive and well.   
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Posted in Business & Corporate Law,Tax Law & IRS Defense

Transient rentals are a thriving business in Florida, and one which many Florida real estate owners may utilize in an attempt to supplement their income.  Generally speaking, a transient rental is one that lasts for less than six (6) months.  What many property owners do not know is that transient rentals are subject to Florida sales tax.  Florida law requires that property owners charge to, and collect from, each transient guest an additional six percent (6%).
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