Florida Sales Tax

Business By pastrychef101 Updated 22 Jul 2009 , 4:05pm by this-mama-rocks

pastrychef101 Posted 20 Jul 2009 , 7:17pm
post #1 of 6

Do any of you that have legal businesses in Florida know if we are supposed to collect sales tax for cakes? From reading the statute, it indicates that if you don't have an eat-in facility, then you do not have to charge sales tax for cakes. I have a by-appointment only business, non-dining facility, no cash and carry, and all of my cakes are delivered. I contacted the Department of Revenue, and no one seems to be able to provide a straight answer. One person had to read the statute and applied her own interpretation. Another rep said that I do not need to charge sales tax, and another said I do. So has anyone received a clarification on this? TIA for any helpful information you can provide.

5 replies
johnniekake Posted 21 Jul 2009 , 12:05am
post #2 of 6

no you do not have to charge tax, I know its a confusing PIA!!

pastrychef101 Posted 22 Jul 2009 , 12:13pm
post #3 of 6

Thanks! And I totally agree. icon_lol.gif

cocorum21 Posted 22 Jul 2009 , 1:06pm
post #4 of 6

I was told no sales tax also. But I have a decorator friend who does charge sales tax. So I would suggest writing a letter(snail mail) asking the question. This way when it comes back snail mail with your answer should you ever have a problem later you have your proof of what they told you.

this-mama-rocks Posted 22 Jul 2009 , 2:40pm
post #5 of 6

If you are not required to charge sales tax on the cakes, you will still have to pay "use tax" on everything you use in your business, including ingredients. You will have to keep records of all purchases and remit use tax on all items that were not taxed at the time of purchase.

Whenever you write to the Dept of Revenue, please mail everything certified/signature required, so you can prove that you communicated with them. Whenever you call them, get the first and last name of whoever you speak to. Sales and Use tax people can be pretty brutal - I used to be one of them - so keep track of them and what they tell you!

HTH

this-mama-rocks Posted 22 Jul 2009 , 4:05pm
post #6 of 6

If you are not required to charge sales tax on the cakes, you will still have to pay "use tax" on everything you use in your business, including ingredients. You will have to keep records of all purchases and remit use tax on all items that were not taxed at the time of purchase.

Whenever you write to the Dept of Revenue, please mail everything certified/signature required, so you can prove that you communicated with them. Whenever you call them, get the first and last name of whoever you speak to. Sales and Use tax people can be pretty brutal - I used to be one of them - so keep track of them and what they tell you!

HTH

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