Florida Sales Tax Protest & Appeal Attorney
Florida business owners have a duty to collect sales tax where applicable and remit those taxes to the state, and failing to fulfill this duty can lead to serious repercussions. If you disagree with a Florida Department of Revenue audit and assessment of the tax you owe, or if you have collected sales tax but did not remit it to the state on time, Ronald Cutler, P.A. can help you challenge an assessment or negotiate a settlement and avoid the serious civil and even criminal sanctions you might otherwise face. With offices across Florida, including Daytona Beach, Orlando, Jacksonville, Tampa and Miami, our firm serves clients statewide in Florida sales tax protests & appeals.
Procedure for Challenging Sales Tax Assessments in Florida
There are many steps involved in a sales tax assessment, including the audit, the notice of intent to make audit changes, the notice of proposed assessment (NOPA), and the assessment itself. Florida tax attorney Ronald Cutler can help at every stage. We can work with the auditor during the audit and assessment phase, or file a protest after the NOPA has been released, making applicable legal arguments or factual challenges to the audit or assessment. Depending upon the optimum strategy in your particular case, we can further file a formal protest with the Division of Administrative Hearings (DOAH) or challenge the assessment in court. Where proper grounds exist, our office also files appeals from DOAH rulings or court decisions to the Florida District Court of Appeals.
Through these processes, it is often possible to reduce the taxes and interest which have accrued, and reduce or eliminate penalties which may have been assessed. It is important to be proactive and seek legal help early in this process, to resolve the matter at the soonest possible stage. Protests and appeals must be taken within as little as 60 days after an assessment or ruling, so it is critical to have an experienced Florida tax attorney on board early who can thoroughly review your situation, advise you on your best options, and proceed accordingly.
Beware of Charges of Theft of State Funds
If sales tax has been collected but not remitted, a business owner is at risk of being charged with Theft of State Funds under Florida Statutes section 206.56. This offense is a felony for any amount of $300 or more, and carries a possible sentence of many years in prison if convicted, along with civil fines and penalties, including having your business shut down.
Florida takes a hard line against the willful failure to remit sales taxes and will seek to prosecute anyone who knowingly obtains, uses or attempts to divert sales tax receipts for other purposes, even if the intent is only to use the money temporarily for other business needs and remit the taxes due at a later date. If you find yourself possibly facing a charge of theft of state funds, Ronald Cutler can help you prepare and file any unfiled sales tax returns, and can work with you in meeting with your local agent in an effort to avoid investigation and prosecution.
Call Ronald Cutler, P.A. for Immediate Assistance in Florida Sales Tax Matters
For help in Daytona Beach or statewide with a Florida sales tax protest or appeal, or to avoid prosecution on a charge of theft of state funds, call Ronald Cutler, P.A. at 386-490-9949. In a free consultation, we will help you to understand your situation and how we can help.