If you are going to operate a business in Florida, you need an awareness of the law. You should also be fluent in specific laws that relate to taxes and labor. That includes understanding that your operations may be impacted by both state and federal laws.
TAX LAW
Anyone with a business in the U.S. should expect, at the very least, to pay federal income tax on earnings. But you may also be subject to various state levies, including reemployment tax, sales and use tax and tangible personal property tax. These will vary, based on your business type, size and personnel.
FLORIDA TAXES
Corporate Income Tax
Corporations are subject to a 5.5% corporate income tax and must file a return annually even if no tax is due. C-corporations pay the tax on form F-1120. If your corporation owes more than $2,500 annually in Florida corporate tax, you must make quarterly estimated tax payments.
Limited liability companies classified as a partnership must file a Florida Partnership Information Return (Form F-1065) if they are doing business in Florida and one or more of their owners is a corporation. Also required to file: the corporate owner of an LLC that is classified as a partnership for Florida and federal income tax purposes.
S-corporations are not required to file income tax returns in Florida (F-1120 or F1120-A) unless they owe federal income tax (which generally means they were formally C corporations).
Reemployment Tax
Required of employers who paid at least $1,500 in wages within a calendar quarter, have employed one person for any portion of a day in 20 different weeks during the calendar year or are liable for federal unemployment tax.
Sales and Use Tax
Businesses engaged in taxable transactions must register online or by mail with the Florida Department of Revenue using Form DR-1 (Florida Business Tax Application). Taxes may be filed electronically or, if more than $5,000 per year, on Form DR-15. Businesses having $1,000 or less per year to report may file quarterly; $500 or less, semiannually; $100 or less, annually.
Note: Florida imposes a statewide general sales tax of 6%. Individual counties are allowed to add an additional tax up to 1.5% on transactions that are subject to state sales and use tax. The average local sales tax rate is 1%, bringing the state’s combined average rate up to 7%, according to the Tax Foundation.
Use Tax on Out-of-State Purchases
When out-of-state sellers fail to collect Florida sales tax, buyers must make the payment on their own using Form DR-15MO. These payments apply to items purchased out of state from internet sites, mail order catalogs, auctions, shopping networks or toll-free shopping services, and to items physically purchased out of state when the merchandise is shipped to a Florida address.
Due: First day of the month after the quarter in which the purchase was made.
Tangible Personal Property Tax
There is an annual tax on all goods, property other than real estate and other articles of value that an owner can physically possess, and which have intrinsic value. Anyone who owns Tangible Personal Property on January 1 and has a proprietorship, partnership or corporation, or is a self-employed agent or contractor, must submit form DR-405 to the county appraiser by April 1 each year. Property owners who lease, lend or rent property must also file a TPP return annually by April 1.
FEDERAL TAXES
Personal Income Tax
For sole proprietorships and partnerships, profits and losses from the business are typically passed through to the owners and reported on their individual income tax returns. Under the Tax Cuts and Jobs Act of 2017, some small business owners may continue to qualify for a 20% pass-through deduction that is currently scheduled to last through 2025. For more detailed information, consult a tax professional.
Due: April 15 / Quarterly estimates due: April 15, June 15, Sept. 15, Jan. 15
Self-Employment Tax
All net profits derived from doing business as either a sole proprietor or partnership with no employees are subject to federal self-employment tax, which is equivalent to the Medicare and Social Security taxes employers withhold from their employees’ paychecks.
Due: April 15
LABOR LAW
While you don’t need to be an expert in labor law to run a business, you should have at least a working knowledge of federal and state requirements covering employee health, wages, safety and fair treatment.
FEDERAL LABOR LAWS
Federal Minimum Wage
The federal minimum wage is $7.25 per hour. However, that figure means little in Florida, where the current minimum is $13.00 per hour and rising. Following a series of scheduled $1.00 per hour increases, the rate is expected to reach $15.00 per hour by September 30, 2026. (dol.gov)
Occupational Safety and Health Act
Businesses are required to protect their workers from health and safety hazards on the job. (osha.gov)
The Americans with Disabilities Act
Employers may not discriminate against qualified individuals with disabilities and may be required to make public accommodations. Commercial facilities must also comply with specified accessibility standards. (ada.gov)
Family and Medical Leave
Businesses with 50 or more employees are required to give certain employees up to 12 weeks of unpaid, job-protected leave per year (26 weeks for qualifying military caregivers) while preserving health benefits. (dol.gov/whd/fmla)
Equal Pay Act
The act prohibits wage discrimination between men and women performing substantially equal work within the same workplace. (eeoc.gov)
STATE LABOR LAWS
Florida Minimum Wage
The state’s minimum wage is currently $13.00 per hour or $9.98 per hour for tipped employees.
Those rates will increase by $1 per hour annually each September until the minimum wage reaches $15 per hour in September 2026. After that, the wage rate will be adjusted annually for inflation.
Workers’ Compensation
Employers with four or more employees (full- or part-time) are required to carry workers’ compensation coverage, though different requirements apply for construction and agriculture companies. (myfloridacfo.com/division/wc)
Child Labor
By law, workers under age 18 cannot work in certain hazardous occupations, including excavation, electrical work, roofing and mining, or around explosives, toxic or radioactive substances or dangerous equipment. Additional occupations are banned for children ages 14-15. Minors cannot work during school hours without an exemption. (myflorida.com/DBPR/child-labor)
Background Checks
Private citizens or companies may request a state-only criminal history record check of an individual through the Florida Department of Law Enforcement website for a fee of $24 per case. (fdle.state.fl.us)
Know What
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Follow
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