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1309 Thomasville Road, Suite 215, Tallahassee Florida 32303
Today, I've got a juicy tidbit. It's all about the art of "separately stating and itemizing charges" on sales invoices. Trust me, mastering this can be the key to avoiding the surprise of additional taxes!
Just about everything! The requirement to separately state and itemize is repeatedly found in Chapter 212, Florida Statutes, and Chapter 12A-1, Florida Administrative Code.
Remember the Tax Tip about the Florida Department of Revenue’s drop of oil concept in service transactions? Ah, good times. Just in case you missed it, I mentioned one example where in order for optional services (like transportation/delivery charges) to be exempt in a transaction involving tangible personal property, you had to play by the rules. Well, some of the rules I was referring to included separately stating and itemizing those "optional" charges from the cost of the main tangible goodies.
This is what section 212.05, FS, says “… the consideration paid must be separately identified and stated with respect to the taxable and exempt portions of the transaction or the entire transaction shall be presumed taxable. The burden shall be on the seller of the service or the purchaser of the service, whichever applicable, to overcome this presumption by providing documentary evidence as to which portion of the transaction is exempt from tax.”
Cleverly, it could be the seller or the purchaser! And hold on, it doesn't stop there. Even the tax itself has to be separately stated! Section 212.07, FS, expressly states “[a] dealer shall, as far as practicable, add the amount of the tax imposed under this chapter to the sale price, and the amount of the tax shall be separately stated as Florida tax on any charge ticket, sales slip, invoice, or other tangible evidence of sale.” Failure to comply could cause personal liability to the seller for the tax. Talk about motivation!
Think parking, car washes, movies, and even drinks at a bar! Let’s do a reality check here - do you recall ever receiving an invoice for these transactions that separately states and itemizes the sales tax? Most likely not!
Sometimes, the sales price already includes the sales tax, and the seller backs out the sales tax for remittance to the State. In such cases, even when the seller/dealer remits the sales tax to the State, the consumer must still have “notice” that the sales tax is being charged – that is at the crux of separately stating and itemizing. One approved way of giving notice that the tax is being charged (when an invoice is not practicable) is for the dealer to display signage that states “Sales Tax is included” or something to that effect.
As a sales tax audit defense attorney, I've seen it all. When my clients have expenses without invoices showing tax payment or when it's impracticable to provide a detailed invoice, we whip out our secret weapons, which could include photos of those magical signs!
Remember, devilish details need love too! As trusty taxpayer advisors, it's our mission to master these details, and that's where the real magic happens!
Cheerfully yours,
Nydia-The Florida Tax Girl 🌴
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