[OrlandoRE_Miracle]

I know that leases need to be longer than 6 months to avoid the sales tax issue. But does this rule apply to leases that start out as 1 year (just for example), and then become month to month at the end of that time?

[Lilybeans]

Not for residential.

[justNancy]

Originally Posted by OrlandoRE_Miracle

I know that leases need to be longer than 6 months to avoid the sales tax issue. But does this rule apply to leases that start out as 1 year (just for example), and then become month to month at the end of that time?

No. I first signed a 6 month lease when I moved to Florida and was never charged tax for the additional months. I was on a month to month lease for many years and never paid the room tax.

It's actually not a sales tax (wish it were, it would be a lot less) but a room tax, as if you are on vacation. I guess that's because tourism is such a major source of income here, which is what brought me to this thread in the first place. By the way, I'm noticing a small difference in sales tax, since it varies by county. In Lee & Collier it's 6% (the minimum mandated by state law) and in Indian River, where I'm now staying, it's 7%.

I have one of those questions to which I'm pretty sure the answer is "yes, you still have to pay the tax" but it never hurts to ask!

I've been a legal resident of Florida for many years. Since June I've been renting a condo and just paid for my 4th month. The owner told me if I pay him for Oct/Nov he will reimburse the 11% room tax, but he needs to know soon since he files quarterly. Last night a friend told me he's wrong and that, as a Florida resident, I am exempt anyway.

Comments? I'm pretty sure my friend is wrong, so I don't know why I'm even posting this!

[justNancy]

The owner of the condo in which I'm staying has always pressured me to commit to a 6 month stay. Last month he reminded me that once he files his taxes, I can't get my 11% sales tax back, no matter how long I stay.

Is this true? I've been in this place for 4 months, although I've been a FL resident for 15 years. In July I broke my toe on a chest that was in the way and my toe is still broken according to the last X-ray I had on Friday. So that's why I decided to stay here, since it's very hard to get around. Back in August, I was having trouble getting to the bathroom!

Anyway, if anyone knows the law (I'll try to find it) please let me know. I had a 2 month lease for June/July and then signed an addendum in August. When I paid my rent in Sept, he didn't give me anything to sign, so I'm basically living here without a written agreement.

[johnnyboy2008]

you could call the fla dept of revenue, they could tell you

i have read many times that you pay the room tax on anything less than a 7 month lease.

i could be wrong but i don't think your status as a resident has anything to do with it.

here is the law on the DOR website

http://dor.myflorida.com/dor/forms/2009/gt800034.pdf

[itsajourney]

I do know that your status as a Florida resident has nothing to do with this issue. It is based solely on the type/term of the tenancy of the rental property.

If you have been there 4 months already is there a reason that you don't want to go ahead and commit to the 6-7 months so that you can get your tax refunded?

As a small business owner, once I file my sales tax with the state of Florida quarterly, that is what I must pay--it's not like IRS taxes.
Also, having worked in the hotel business in Florida for several years, I can also tell you that the taxes that innkeepers and landlords pay to the state, city, and county is indeed a type of sales tax. Generally these taxes must be paid quarterly.

[justNancy]

Originally Posted by johnnyboy2008

y

here is the law on the DOR website

http://dor.myflorida.com/dor/forms/2009/gt800034.pdf

Thank you. I realize I have to pay the tax if the rental is under 6 months. I've done this before. I only wanted to know if it can be reimbursed once he files. I mean, I've sent in an amended tax return when filing my federal taxes.

Originally Posted by itsajourney

If you have been there 4 months already is there a reason that you don't want to go ahead and commit to the 6-7 months so that you can get your tax refunded?

Combination of things. I am looking for a house to buy was the main reason. I don't like living in this condo is another. However, a big concern is, if I don't buy a home by Nov, will I find another furnished place to live during the winter without signing a year's lease? I only planned to be here for 2 months and then got hurt which really put a damper on some personal plans. I was hoping I'd be fine by now.

I'll take a chance and ask this question. The rental for 6 months was one price and month to month was another. The 2 month rent was $225 plus tax extra. When I offered to stay for 6 months, he said he'd refund my tax by applying the amount to the rent. However, since his ad specified a certain rent for 6 months or longer, shouldn't I also get the difference in rent? Hope I'm explaining myself clearly. I'm not asking for any legal advice, since my lease obligated me to pay the higher rent. Just an opinion. After all, they haven't lost a dime and, considering the economy, they should be grateful I've been here for the entire summer. (I also didn't sue them for having a piece of furniture in the middle of the hall which I tripped over and broke my toe, costing me hundreds in medical bills. I think they should be a little flexible.)