Florida Sales and use tax form

[Tastyorchard]

my company received a form 

DR-330105 from Florida revenue.  We had filed our federal and state taxes and are wondering if we have to file a separate sales and use tax return with Florida since that is where our LLC is formed? 

[Anonymous_]

Did you actually receive a DR-15?

See https://floridarevenue.com/forms_library/current/dr15.pdf

You need to collect sales tax in Florida for various business activities conducted within the state and it does not matter in which state your LLC is organized.

See https://floridarevenue.com/taxes/taxesfees/Pages/sales_tax.aspx

For reference:

https://floridarevenue.com/taxes/tutorial/dr15/story.html

[Cindy4]

Hi @Tastyorchard  !

Sales and use tax varies from state to state and is usually dictated by physical presence and/or doing business within the state.

This page from the Florida Department of Revenue has an interactive wizard that you can complete to determine your Florida filing requirements:

https://floridarevenue.com/taxes/eservices/Pages/registration.aspx#:~:text=A%20marketplace%20seller%...

Hope this helps!

Cindy

Sales and use tax varies from state to state and 

[Tastyorchard]

Thanks for the reply. We didn’t conduct any business in Florida since we were formed which is why we are a little confused.  I’ll checkout the wizard to see what the requirements are. 

[Tastyorchard]

We haven’t conducted any business in Florida since we were formed.  I don’t believe we received the DR-15 form rather we have received a form that looks like it but is telling us we were late to file. 

[Anonymous_]

It appears as if you did not register when the FDOR believes you should have done so.

With respect to the form you received, what did the FDOR indicate you were late to file?

[Tastyorchard]

They are saying I didn’t file a return when we did. I’m trying to attach the document but the file size is too big.  It says even if we didn’t have any income we need to file. We filed a state return but we must not have filed this dr-15. 

[Anonymous_]

Which return did they say you did not file (and which form did you actually file)?

Is you LLC classified as a corporation Florida and federal income tax purposes?

Is one or more members of the LLC a corporation?

[Tastyorchard]

We filed the standard state return.  They are saying they did not receive our sales and use tax return. We wiled with turbo tax and just did a federal and state return as turbo tax prompted us through it.  We are an LLC and i think tax status is a partnership not s or c corp.

[Cindy4]

Sales tax returns are non-income tax returns so aren't supported by TurboTax.  You can file a zero sales tax return via the state website.

https://floridarevenue.com/taxes/eservices/Pages/filepay.aspx

[Anonymous_]

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@Tastyorchard  wrote:

We filed the standard state return.  They are saying they did not receive our sales and use tax return. We wiled with turbo tax and just did a federal and state return as turbo tax prompted us through it.  We are an LLC and i think tax status is a partnership not s or c corp.

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What standard return? A corporate return? 

Florida does not impose a tax on LLCs unless they are treated as corporations or have a corporation as a member.

If you registered but did not file a sales and use tax return (DR-15), then that is a problem (because they would be expecting one even if you had no sales).