sales tax on commericial real estate fllorida

sales tax on commericial real estate fllorida

Property Manager · Member since 2018 · 156 posts · 8 votes

From what I gather, you have to pay sales tax (state + county) on commercial rent.

I dont understand how they calculate this if the state/county are not part of the rental contract?

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  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    7y

    Are you asking for the Constitutional authority? If a property is located in the county and state there is nexus. I am a FL attorney. 

  • Property Manager · Member since 2018 · 156 posts · 8 votes
    7y

    @Ronald Rohde - No.

    My question is not regarding their constitutional right. My question is how is this calculated if they are not part of the contract.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    7y
    Originally posted by @Jacob G.:

    @Ronald Rohde - No.

    My question is not regarding their constitutional right. My question is how is this calculated if they are not part of the contract.

     Gross amount received from Tenant

  • Real Estate Agent · Bala Cynwyd, PA · Member since 2016 · 67 posts · 29 votes
    7y

    As Ronald mentioned it's calculated on gross rent at a rate of 5.7%. Important note, some Counties in FL also impose a sales tax as well - some adding an additional 1% on top of hte 5.7%. In case you haven't figured it out - if you have a triple net lease you are paying tax (State sales tax) on a tax (real estate taxes from NNNs).  

  • Rental Property Investor · Gainesville, FL · Member since 2014 · 30 posts · 12 votes
    7y

    I’m not an attorney nor am I giving legal advice - but I own commercial real estate in Florida and I add sales tax to rent and CAM. If the landlord didn’t collect the sales tax from the tenant, I’m quite certain that the landlord would still be liable for the sales tax due on the commercial rent. Even if sales tax language is completely left out of the lease, since Florida law says that sales tax is due on commercial rent, the tenant would still be expected to pay it. This only pertains to Florida though. 

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