Florida Home Based Bakers-Tax Question

Business By dst10spr97 Updated 8 Nov 2011 , 6:37pm by jason_kraft

dst10spr97 Posted 7 Sep 2011 , 3:22pm
post #1 of 14

Let me make sure I'm clear on this based on my research so far. If we are not selling items to be consumed on the premises, which of course I'm not, we do not need to register for a state tax ID number or pay/collect sales tax, correct?

13 replies
forheavenscake Posted 12 Sep 2011 , 12:11am
post #2 of 14

That is my understanding as well.

Cargal Posted 12 Sep 2011 , 1:10am
post #3 of 14

Here is what the Dept. of Revenue's website says, "Bakery products sold in or by bakeries for consumption off the seller's premises are not taxable. However, bakery products sold for consumption on the seller's premises are taxable." https://askdor.state.fl.us/FAQ/FAQDetails.aspx?ID=46

sandykay Posted 12 Sep 2011 , 1:50am
post #4 of 14

I would say to check your local county licenseing office, as I was told it needed for tax purposes, although not sales tax reasons. I do know that is a simple application to apply for one.

simicakes Posted 12 Sep 2011 , 2:17am
post #5 of 14

That is correct. I have spoken directly to the department of rev. We also sell products to cake decorators and those are taxable.

karukaru Posted 12 Sep 2011 , 2:18am
post #6 of 14

I am confused, I thought we were not allowehome based bakeries,.

jason_kraft Posted 12 Sep 2011 , 2:21am
post #7 of 14

A cottage food law went into effect in FL on July 1, 2011. Here is info from the state as well as a clarifying document on what the law means.


simicakes Posted 12 Sep 2011 , 2:22am
post #8 of 14

Are you located in Florida? The Florida Cottage Food Act was passed in July to allow food biz from your home. Here are the guidelines from the Florida Dept. of Ag.

karukaru Posted 12 Sep 2011 , 5:08pm
post #9 of 14

Omg! Are you serious??? That is wesome! I don't know how I missed it. Last time I had read something about it, the law was rejected. Or maybe I didn't read it correctly. I live in broward county. Wow thank you, thank you, thank you! I am so happy I could do cartwheels! icon_biggrin.gif

wjruss Posted 4 Nov 2011 , 12:53am
post #10 of 14

I just got licensed in St. Johns County and spoke with Dept of Revenue and they did make me register for sales tax.

justdessertsbyyesi Posted 8 Nov 2011 , 5:39pm
post #11 of 14

Since we can not receive a license, how do you purchase products at wholesale? All the cake supply whole sale places require a license to purchase from their establishment.

jason_kraft Posted 8 Nov 2011 , 6:02pm
post #12 of 14
Originally Posted by justdessertsbyyesi

Since we can not receive a license, how do you purchase products at wholesale? All the cake supply whole sale places require a license to purchase from their establishment.

Most towns and cities still require a business license...the cottage food law only impacts the health department requirement for an inspection and licensing with the county.

Luckily a business license is very easy to get in most municipalities, they typically cost $50-100/year.

hails Posted 8 Nov 2011 , 6:32pm
post #13 of 14

OMG I must have missed this too, I live in Tampa Florida am I reading this correctly I am now allowed to bake and sell cakes and sell them from my home......please tell me this is correct......wohoooooooooo if so I am going to do cartwheels too....lol

jason_kraft Posted 8 Nov 2011 , 6:37pm
post #14 of 14

Correct, you can now sell homemade cakes in FL as long as you meet the requirements posted above (gross income <$15K, no productions that must be refrigerated, no wholesale, etc.). You'll also need to make sure you comply with municipal requirements like zoning and business licensing as well as reporting your business income to the IRS.

Quote by @%username% on %date%