Florida Trend | Florida's Business Authority

Taxes

The Florida Department of Revenue provides free tax education seminars on Florida state law and taxes.

Federal

» Federal Corporate Income Tax

Due: March 15 (if the business’s fiscal year corresponds to the calendar year)

C-Corporations pay income tax using federal form 1120. A limited liability company classified as a corporation for federal tax purposes must file a federal corporate income tax form.

An S-Corporation generally is not liable for federal income tax, but it must file a federal form 1120S annually and pay tax on certain investment income and capital gains. Returns are due by the 15th day of the third month after the close of the corporation’s fiscal year.

» Federal Employment Tax
(Income, Medicare and Social Security)

Due: Monthly or semiweekly (in most cases)

Businesses that have employees must withhold federal income tax, Medicare tax and Social Security tax from employees’ wages. In most cases you pay the tax monthly or semiweekly, either by the Electronic Federal Tax Payment System (required if deposits total more than $200,000 annually) or by using form 8109-B, Federal Tax Deposit Coupons. Report the tax on form 941, Employer’s Quarterly Federal Tax Return.

Small employers that have an employment tax liability of $1,000 or less for the year may now pay annually on Jan. 31. File form 944, Employer’s Annual Federal Tax Return.

» Federal Unemployment Tax

Due: January 31, April 30, July 31, October 31

Floridians are required to report wages and pay taxes to the Federal Unemployment Compensation program if they paid $1,500 in wages within a calendar quarter or have employed one or more people for any portion of a day in 20 different weeks during the calendar year. The tax rate is 6.2% on the first $7,000 of wages, but you can take a credit for the amount paid in state unemployment tax up to 5.4%, which is the maximum rate in Florida. If a business’s FUTA tax liability for a quarter is $500 or less, the tax may be held over to the next quarter and added to that quarter’s tax liability. Pay the tax either by the Electronic Federal Tax Payment System or by using form 8109-B, Federal Tax Deposit Coupons. Report the tax annually on federal form 940 or 940-PR (Spanish).

Resources

U.S. Internal Revenue Service
irs.gov/businesses/small/index.html
Individual tax questions, (800) 829-1040; business tax questions, (800) 829-4933; forms and publications, (800) 829-3676.

Two useful publications are a tax calendar (Publication 1518) as well as a "Tax Guide for Small Business" (Publication 334). Other useful IRS resources are "Circular E, Employer’s Tax Guide" (Publication 15) and "Starting a Business and Keeping Records" (Publication 583). All are available on the IRS website.

Florida Department of Revenue
myflorida.com/dor
(800) 352-3671

The site includes information on the various types of taxes. Forms and publications are available for download. Businesses may e-register and e-file for sales and use tax, unemployment tax and other taxes. In many cases, e-payment is also available.

State

» Florida Corporate Income Tax

Due: April 1 (if the business’s fiscal year corresponds to the calendar year)

Corporations doing business in Florida are subject to the 5.5% tax. C-Corporations pay the tax on form F-1120. If a corporation owes more than $2,500 annually in Florida corporate income tax, it must make estimated tax payments on form F-1120ES on or before the first day of the fifth, seventh and tenth month of the taxable year and the first month of the following tax year.

If the business shows net income of $45,000 or less and conducts all business in Florida, it may file the short form, F-1120A.

Limited liability companies classified as a corporation for federal tax purposes must file a Florida corporate income tax return. Limited liability companies that are classified as partnerships for federal tax purposes are required to file a Florida Partnership Information Return (form F-1065) if they are doing business in Florida and one or more of their owners are corporations.

An S-Corporation in Florida files an F-1120 corporate income tax return for the first year it does business in the state. Unless there is federal taxable income at the corporate level, no state filing is required for subsequent years.

» Florida Unemployment Tax

Due: January 31, April 30, July 31, October 31

Floridians are required to report wages and pay taxes to the Unemployment Compensation program if they paid $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 (FUTA).

The initial tax rate for new employers is 2.7% for the first 10 calendar quarters (or in some cases 11 quarters), at which time the business will receive a computed tax rate. The maximum tax rate allowed by law is 5.4%. Unemployment taxes must be paid on the first $7,000 of wages paid to each employee per year.

Taxes are paid quarterly on form UCT-6 to the Florida Department of Revenue. Businesses that pay taxes on 10 employees or more in any calendar quarter must use e-filing.

» Florida Sales and Use Tax

Due: First day of the month

Florida businesses must collect sales tax for many products and services. If your business will involve taxable transactions, you must register as a sales and use tax dealer (form DR-1). Most businesses pay monthly on form DR-15, with returns and payments due on the first day of the next month after the tax was collected. Payments are late after the 20th of the month. Businesses that file $1,000 or less per year, however, may file quarterly. If a business files $500 or less, it may file annually. Businesses that pay $20,000 annually in sales and use tax are required to file electronically at myflorida.com/dor.

» Florida Discretionary Surtax (Local Option)

Due: First day of the month

Many Florida counties impose an additional discretionary sales surtax on transactions that are subject to the state sales and use tax. Businesses report the surtax on form DR-15 with sales and use tax. These local option taxes range from 0.25% to 1.5%. New rates become effective on January 1 each year, but expiration dates vary. In 2008, 60 of Florida’s 67 counties impose sales surtaxes.

» Use Tax on Out-of-State Purchases

Due: First day of the month after the quarter in which purchase was made

When out-of-state sellers fail to collect Florida sales tax, buyers must make the payment on their own. The tax applies to items purchased out of state from internet sites, mail order catalogs, auctions, shopping networks or toll-free shopping services. It is also imposed on items purchased during out-of-state travel when the merchandise is shipped to the individual’s home or business’s location in Florida. Form DR-15MO is used to make payment.

» Florida Tangible Personal Property Tax

Due: April 1

Florida businesses that own tangible personal property (equipment, furniture, computers, etc.) that is not included in the assessed value of the real property must pay an annual tax. Business inventory is not taxed. The tax is paid on form DR-405 to the county property appraiser.


What’s New in 2008

The business mileage rate as of Jan. 1, 2008, is 50.5 cents per mile. That’s up from 48.5 cents per mile in 2007.

Expensing

Businesses may expense up to $125,000 of new or used depreciable, tangible personal property using the section 179 deduction. (That figure is up from $112,000 in 2007.) If the business spends more than $500,000 on section 179 property, the amount of the deduction is reduced by $1 for every $1 over $500,000. Check IRS Publication 946, How to Depreciate Property, for more details.

Self-Employment

The self-employment tax rate on net earnings remains the same for 2008. The 15.3% rate is a combination of 12.4% for Social Security and 2.9% for Medicare. The maximum amount of the Social Security part of the tax in 2008 has increased to $102,000 (up from $97,500 in 2007).

Social Security and Medicare

The employer and employee will each continue to pay 6.2% for the Social Security tax and 1.45% for Medicare. The maximum amount of the Social Security part of the tax in 2008 has increased to $102,000 (up from $97,500 in 2007).