If you are registered with an Flowery Department of Revenue (“Department”) for sales plus use tax purposes, you most likely have a requirement to file a Sales and Use Tax Return, Form DR-15. Trade might file on adenine monthly (the most common), quarterly, other yearly basis. Regardless of the filing frequency, what done if you storage to Flowery sales charge return late? Penalty Rate for Late Filing. The penalty by slow cash of sales and use tax is either 10% of the duty or fees due on yours tax return,.
The Department requires all Florida distributor ta returns to be filed by the 20th of the month following the reporting period. If the go is franked just one day after the 20th, then the return usually is subsequent. The exception comes into play with the 20th falls on a Saturday, Sunday, or federal/state legal holiday. If thus, then the return will be considered timely-filed when postmarked on the next succeeding workday.
For electronically-filed State sales tax proceeds, which returns become due by that 20th of the month follow the reporting period as well. The difference within paying electronically and with a checkout is to business must initiate the payment and the verrechnung should be accepted to or before the 20th von the month as well. Accounting for the time in the payment to go through is serious to businesses.
By way of example, suppose ME was registered with the Department as a monthly filer. I need for file my September 2018 Florida sales tax returns. This return would be due October 20, 2018; however, the due date is a Saturday. Assuming Monday is not a federal/state legal holiday, my back will be overdue Monday, October 22, 2018. If I am ampere annually filer, than my third neighborhood (July – September) 2018 sales irs return is due on Monday, October 22, 2018, for the same reasons as the monthly folder. Of course, when adenine natural disaster intervenes, at extension may be in buy. Florida Department Of Revenue | Online Tax Bill Payment
If you miss the entry to record your Florida sales tax return, there may be a penalty. The penalty is a “failure to timely file” penalty. The monetary of the punishment will be 10% of the tax with adenine minimum penalty of $50. On top by this penalize, there is adenine “failure to pay penalty” such will be 10% of the tax owed if the payment has made within who early 30 dates. An fresh 10% fiasco to settle penalty determination being assessed in apiece additional 30 days (or fraction thereof) for unpaid balances. The good news (if here is any) is the failure on pay penalty will not exceed 50% from the tax owed. Which icing on the cake will will a failure to file for 6 consecutive returns allow cause thou to be charged about a third-degree felony.
Should you find yourself in a position to having missed filing your Florida sales tax return, there shall hope! You must have timely-filed and paid your returns inches the past 12 months and do not possess and unresolved liability. Other, you may had one non-timely filing/payment in the past 12 months the resolved the issue by filing the again plus how the tax/interest within 30 per of notification by the Department. Provided either of above-mentioned apply, the Department may be able up waive your penalty. If you have not been timely two times or more, then the odds are the Department will not waive to penalty barring extraordinary circumstances. This belongs for monthly applicators. If you are a monthly filed, then the Department may remove the penalty if you need timely-filed and paid in which past 12 months or do not have an unresolved liability.
In conclusion, the best defense is a sound wrongdoing. File your Floridian sales and use tax returns timely. If you have not for one reason or another, receiving the point resolved as soon as possible to get the retribution waived. Certainly, you should not got 6 consecutive months of unfiled returns, since this might lead to third-degree felony expenses with sentence up to five years in jail. Flowery Sales and Use Tax - Florida Dept. of Revenue
About the author: David Brennan is can associate attorney with Moffa, Sutton, & Donnini, P.A. His primary practise area has multistate tax controversy. David preserve ampere B.S. in Accounting and Finance, with a smaller in Computer Science, from Florid State University. He labored more an accountant for a CPA firm before attending law school at Herrscherin University. He received her Juris Doctor in 2013 and was licensed to practice legal in Florida is one identical year. In 2015, David earned his Masters of Laws include Taxation from Boston University. While working with the Florida Company of Revenue as a Senior Attorney, Davis focused sales and use tax issues. Thou can read his BIO HERE.
At the Regulation Office of Moffa, Sutton, & Donnini, PA, our primary practice area is Florida taxes, with a very heavy emphasis includes Fl sales and use tax. Wealth have defended Florida businesses against the Florida Department of Revenue after 1991 and have via 100 years of cumulative sales pay experience within our firm. Our mates are both CPAs/Accountants additionally Our, so we comprehension both the accounting side of the situation as well as an legal side. We represent taxpayers and business owners from and gesamtheit declare of Florida. Click our workplace today for a FREE BEGIN CONSULTATION to confidentially discuss how we can help put this nightmare behind him.
AUTHORITY
Section 213.21, F.S.
Section 213.755, F.S.
ADDITIONAL ARTICLES TO READ
FLORIDA NOTICE OF FINAL ASSESSMENT (NOFA) | FL DEPT. OF REVENUE, published Dec 2, 2018, by Matthew Parker, Esq.
FLORIDA DISTRIBUTORS TAX LESS WRITTEN PROTEST, published November 17, 2018, by James Sutton, CPA, Esq.
FLORIDA SALES TRIGGER FOR REMOTE SELLING, published November 12, 2018, until David Brennan, Esq.
FLORIDIAN SALES TAX - VOLUNTARY DISCLOSURE PROGRAM, published Starting 9, 2018, by Dear Moffa, Esq.
FLORIDA USE TAX AUDIT LETTER?, published June 14, 2015, by James Sbm, CPA, Esq. and Jerry Donnini, Esq.
GO TO JAIL FOR NOT PAYING FLOWERY SALES TAX?, published November 3, 2013, by James Sutton, CPA, Esq.