Miami Sales Tax Protest & Appeal Attorney
In Florida, business owners are required to collect sales tax and to later remit those taxes to the state Department of Revenue. Failing to fulfill this duty can have serious consequences, so if you disagree with an audit or tax assessment, or you failed to remit your own sales tax on time, you should contact a Miami sales tax protest & appeals attorney who can help you avoid both criminal and civil sanctions.
Sales Tax in Florida
While there are no personal income taxes in Florida, the state does charge a six percent tax rate on the sale and rental of certain goods. Most counties in the state also levy local taxes on top of this amount. To ensure that business owners are collecting and properly reporting and paying sales tax, the Florida Department of Revenue often conducts audits. While audits don’t always result in an assessment of additional taxes, interest, or penalties, many do, making it particularly important for business owners who have received notice of a state audit, to speak with an attorney who can negotiate on their behalf.
Filing a Protest
Once an audit has been conducted and the Department of Revenue has assessed a person’s tax liability, business owners can appeal the government’s decision by filing a written informal protest with the Department. When filing this type of protest, a taxpayer will need to provide the government with a statement of the factual and legal grounds behind their objection, as well as a description of any contested factual issues. Once an informal review has been completed, the Department will issue a Notice of Decision to the petitioner. If the taxpayer still disagrees with the decision, he or she has the option of:
- Filing a Petition for Reconsideration;
- Filing a petition for review with the Division of Administrative Hearings; or
- Filing an action in a circuit court or a Florida district court of appeal.
It is often possible, through these review processes, to reduce the taxes and interest that have accrued against a taxpayer, or to eliminate the assessed penalties entirely. However, it’s important to remember that a formal appeal will only be considered if it is filed within 120 days of the date that the Department issued the initial Notice of Proposed Assessment (NOPA), unless the petitioner first filed an informal protest. In the latter case, a petitioner must submit a formal appeal within 60 days of receiving the Department’s decision regarding the informal appeal.
Speak with an Experienced Tax Lawyer Today
Failing to respond to the government’s audit assessments can have serious repercussions, including criminal charges and civil fines. To avoid these types of penalties and to get help with a Florida sales tax protest or appeal, call Ronald Cutler, P.A. at 386-490-9949. Initial consultations are offered free of charge, so please don’t hesitate to call or contact us online today. We also know that meeting during the week can be difficult and so make ourselves available to potential clients seven days a week.