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Hey Rick, ready for this one?!

July 17 2005 at 7:11 PM

Joe 

I have a printout from the Florida Tax Law Library, given to me by the DOR, that showes that we are NOT to tax COMMERCIAL clients for carpet and furniture cleaning!!!!! That includes tile & grout as well. Originally back in sept 1, 1992 a law was passed to tax commercial clients. (Section 212.05 (1) 1.b., F.S.)The law was changed effective July 1, 1999. The findings I have are 30 pages long. if you want, I can fax the pertinent pages, or I'll run to staples and copy the whole thing and send it to you for your accountant to look over.

To quote it:

"therefore section 212.05(1)(i)1.b,F.S. (my note, the original law passed in sept 1992)DOES NOT APPLY to the taxpayer's cleaning services when applied to carpet or upholstered furniture and provided to a NONRESIDENTIAL CUSTOMER. The taxability of those services is as discussed in section II, regarding residential services, above.(my note: residential: Non taxable)"

I read the whole thing sunday afternoon.

Maybe both the daytona office and tallahassee are correct(?!)

That said, I STILL sent in a check for the sales tax!!

Tell me if you want a copy...

Joe

 
 
AuthorReply
David Gelinas

Try this one Joe

July 17 2005, 9:11 PM 

Joe

Here’s one for you. This past week a friend of mine that is a GC asked that I come in and strip, refinish & buff a floor in a doctor’s office that he just rebuilt. Now if my understanding is correct, when you are subbing work you do not charge tax on it, as in this case. But the customer is still supposed to be charged tax by the contractor. Do you think this GC is going to add a couple of dollars for tax for “waxing a floor” on a several thousand dollar rebuild invoice? No, I don’t think so either. And even if he did he wouldn’t begin to know how to process it. If the state wants me to tax someone I’ll gladly do it, it’s the law. But fair is fair. If I clean your house and I clean your office, doesn’t it make since that they should both be taxed equally? After all, wasn’t equal taxation part of that whole Boston Tea Party thing a few years back?

The way it was explained to me was something like this. If I maintain your commercial building, I charge you sales tax. If I improve your commercial building, it will be covered under your property tax. So if I clean your carpets I’m NOT supposed to charge you tax right? If I wax your floor I am suppose to charge you tax right? What if I grind and polish your marble floors? Nothing was added to your floor and I actually changed your floor by grinding it and even removed a slight amount of stone. So would that be considered construction work?

Sales/Service Tax, one of the other joys of living in the Sunshine State.

David Gelinas
Marbleguy

 
 

Joe

Re: Try this one Joe

July 17 2005, 10:36 PM 

Hey dave, it seems in this report that just about everything is taxable when it comes to building maintenance, inside & out, with exeption of carpet cleaning, grout, and pressure washing. They really emphasized taxing janitorial work, such as cleaning offices, etc. I didn't recall reading anything about marble polishing, though.

Joe

 
 
Jerry

Re: Hey Rick, ready for this one?!

July 17 2005, 9:28 PM 

My accountant told me no tax for commercial or residential. Rick, do you have anything that says it is taxable?

Thanks-
Jerry

 
 

Rick Gelinas

Re: Hey Rick, ready for this one?!

July 18 2005, 4:21 PM 

Joe,

I'm very interested in looking at that.
Could you fax it to me - 727-821-2033?
Thanks for doing the tax research!




Rick Gelinas
encapman

 
 

Joe

Re: Hey Rick, ready for this one?!

July 18 2005, 5:14 PM 

Hey rick, it might be better if I can send the whole thing to you in its entirety so you can read it in context. Like all legal documents, it jumps back and forth referring you to other previously read pages.

Email me your mailing address and I will copy it and get it sent out to you this week!

Thanks - Joe

 
 

Rick Gelinas

Re: Hey Rick, ready for this one?!

July 18 2005, 5:41 PM 

Thanks Joe.
Yer the best.



Rick Gelinas
encapman

 
 
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