Legal Question in Business Law in Florida
I am starting a business as a sole proprietorship. It is a personal shopping / delivery / errand service catering to the needs of the elderly (more specifically). By the laws of the state of Florida, I would be considered a "homemaker companion". Am I supposed to charge sales tax? Thanks!
2 Answers from Attorneys
The nature of your service and which party pays for your service is not clear. You may not have any FL sales tax obligation, but, you should contact a local DoR service center, such as: Lakeland Service Center, 115 S. Missouri Avenue, Suite 202, Lakeland, Fl 33815-4601, 863-499-2260.
Generally you will not in a pesonal service caretaker business, but see the partial list here that is from the Department of Revenue's list in case you do any of the following:
Partial List of Taxable Business Activities
◦Sales of taxable items at retail.
◦Repairs or alterations of tangible personal property.
◦Rentals, leases, or licenses to use real property (for example, commercial office space, mini-warehouses, or short-term living accommodations).
◦Rentals of short-term living accommodations (for example: motel/hotel rooms, beach houses, condominiums, timeshare resorts, vacation houses, travel parks, etc.).
◦Rental or lease of personal property (for example, vehicles, machinery, equipment, or other goods).
◦Charges for admission to any place of amusement, sport, or recreation.
◦Operating private membership clubs that provide recreational or physical fitness facilities.
◦Manufacturing or producing goods for sale at retail.
◦Importing goods from any state or foreign country, for sale at retail or for use in the business or for pleasure.
◦Selling service warranty contracts.
◦Ordering and using, on a regular basis, mail-order products on which no sales tax was charged.
◦Operating vending or amusement machines.
◦Providing taxable services (for example, investigative and crime protection services, interior nonresidential cleaning services, and nonresidential pest control services).
NOTE: Although you are going to be a proprietor business, I must warn you that if you are grossly negligent in anything you do, such as transporting, buying groceries, and the ward sustains any injury from your neglect (even if the food is tainted which you believe is not your fault (a jury could easily decide you are liable) you might incur major $ in damages. Please look at my website at www.dansasso.com and pull up the areas of practice for "business" and click on LLC as protecting you much more than you will be doing now. In short you should set up a LLC to protect your assets, and personal properties. Hope this helps.
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