is it legal for a business to charge 8% sales taxes in Miami Dade County Fl? (Miami Beach: apartment, rentals)

[imailin]

Well.... I was surprise the other day when I bought groceries in a little grocery store and they charge me 8% sales taxes instead of 7.0 % (Miami Dade County Florida Rate) I want to know if it's legal?????!!!!
Please let me know!!!!!
Thanks!

[macguy]

Originally Posted by imailin

Well.... I was surprise the other day when I bought groceries in a little grocery store and they charge me 8% sales taxes instead of 7.0 % (Miami Dade County Florida Rate) I want to know if it's legal?????!!!!
Please let me know!!!!!
Thanks!

Depending what you bought food is not taxed.

[Prichard]

No. If your sales tax is 7%, then they cannot charge you 8%. Most people don't check that closely, so I'd say you caught a business running a 1% skimmin scam.

[pslOldTimer]

The general sales tax rate for the state is 6%. Local governments can impose a discretionary rate of up to 1.5% total. 5 counties in Florida are currently charging the 1.5% rate, making their total 7.5%. Miami-Dade is not one of them, the discretionary rate is 1%, making the total, anywhere in the county, 7%. Report this business to your local sales tax office. In my opinion, you were cheated.

[doom1001]

Restaurants I think for some reason it's more than 7% but a grocery store I don't think it should be more!!

[pslOldTimer]

You may be thinking of the Florida Tourist Development tax, which is a 4% tax on dwelling spaces of less than 6 months duration -- essentially, on hotels, motels, guest houses, short term vacation rentals, etc. The 4% is in addition to the 7% sales tax. I could not find any additional taxes on restaurants.

[eufo]

This thread was also in the Miami forum and here is what I found:

Miami-Dade County - Tax Collector (http://www.miamidade.gov/taxcollector/tourist_pay.asp - broken link)

excerpt:

A one percent (1%) Homeless and Domestic Violence Tax is collected on all food and beverage sales by establishments that are licensed by the State of Florida to sell alcoholic beverages for consumption on the premises, except for hotels and motels. Only businesses that make over $400,000 in gross receipts annually are obligated to collect this tax.

The Homeless and Domestic Violence Tax is collected throughout Miami-Dade County with the exception of facilities in the cities of Miami Beach, Surfside and Bal Harbour. Eighty-five percent (85%) of the tax receipts goes to the Miami-Dade County Homeless Trust, and fifteen percent (15%) goes to Miami-Dade County for domestic violence centers.

[ALEXIUS12]

What You Pay
Tourist and Convention Development Tax

Tourist and Convention Development Taxes fall within three (3) main categories:

1. Tourist and Convention Development Taxes on Transient Rentals (bed taxes)

In total, there is a six percent (6%) tax collected on the rental amount from any person who rents, leases or lets for consideration any living quarter accommodations in a hotel, apartment hotel, motel, resort motel, apartment motel, rooming house, mobile home park, recreational vehicle park, single family dwelling, beach house, cottage, condominium, or any other sleeping accommodations rented for a period of six (6) months or less. If the rental is for more than six (6) months, a bonafide written lease must be provided in order to be exempt. The 6% tax is made up of the following 3 taxes:

Three percent (3%) Convention Development Tax (CDT) collected throughout Miami-Dade County, with the exception of the cities of Surfside and Bal Harbour. Two-thirds (2/3) of the CDT receipts are distributed to Miami-Dade County, and one-third (1/3) is used to fund the Miami Arena (excess one-third (1/3) receipts go back to Miami-Dade County).
Two percent (2%) Tourist Development Tax (TDT) collected throughout Miami-Dade County, with the exception of the cities of Surfside, Bal Harbour and Miami Beach. Sixty percent (60%) of the TDT is distributed to the Greater Miami Convention and Visitors Bureau, twenty percent (20%) to the Miami-Dade County Department of Cultural Affairs, and twenty percent (20%) to the City of Miami.
One percent (1%) Professional Sports Facilities Franchise Tax collected throughout Miami-Dade County, with the exception of the cities of Surfside, Bal Harbour and Miami Beach. This one percent (1%) tax is used only for debt service payments on county debt for professional sports facilities.
Bed Tax Summary Chart

3% Convention Development Tax 2% Tourist Development Tax 1% Sports Franchise Tax
Year Imposed
1983 1978 1990
Permissible Use per Florida Statutes (F.S.)
F.S. 212.0305(4)(b) F.S. 125.0104 F.S. 125.0104(3)(I)
Geographic Area Collected
Miami-Dade County, except Surfside & Bal Harbour

Miami-Dade County, except Surfside, Bal Harbour and Miami Beach

Miami-Dade County, except Surfside, Bal Harbour and Miami Beach

2. Tourist Development Surtax (TDS) on Sales of Food and Beverages in Hotels/Motels

A two percent (2%) Food and Beverage Tax is collected on the sale of all food and beverages (alcoholic and non-alcoholic) by restaurants, coffee shops, snack bars, wet bars, night clubs, banquet halls, catering or room services, and any other food and beverage facilities in or on the property of a hotel or motel.

The TDS is collected throughout Miami-Dade County with the exceptions of facilities in the cities of Surfside, Bal Harbour or Miami Beach. TDS receipts are distributed to the Greater Miami Convention and Visitors Bureau.

3. Homeless and Domestic Violence Tax on Sale of Food and Beverages

A one percent (1%) Homeless and Domestic Violence Tax is collected on all food and beverage sales by establishments that are licensed by the State of Florida to sell alcoholic beverages for consumption on the premises, except for hotels and motels. Only businesses that make over $400,000 in gross receipts annually are obligated to collect this tax.

The Homeless and Domestic Violence Tax is collected throughout Miami-Dade County with the exception of facilities in the cities of Miami Beach, Surfside and Bal Harbour. Eighty-five percent (85%) of the tax receipts goes to the Miami-Dade County Homeless Trust, and fifteen percent (15%) goes to Miami-Dade County for domestic violence centers.
Food & Beverage Tax Summary Chart

2% Tourist Development Surtax 1% Homeless and Spouse Abuse Tax
Year Imposed
1990 1993
Permissible Use per Florida Statutes (F.S.)
F.S. 212.0306 F.S. 212.0306
Geographic Area Collected
Miami-Dade County, except Surfside, Bal Harbour and Miami Beach

Miami-Dade County, except Surfside,
Bal Harbour and Miami Beach

Miami-Dade County - Tax Collector - What You Pay (http://www.miamidade.gov/taxcollector/tourist_pay.asp - broken link)

[jdoty]

I don't know about Miami, but here in Melbourne we have a shopping center (Hammock Landing) that requires tenant shops to add a 1% "development fee" to each sale. It goes straight to the developers. Although it isn't technically a sales tax, it usually gets rung up on receipts as 7% tax instead of our usual local 6%. It's supposedly completely legal since they post signs at the entrance to each store notifying shoppers about it.

[tylerlightman]

They can charge you whatever, as long as they pay the state the correct tax. It's possible they are paying too much to the state, in which case that's perfectly legal I am sure .