Form Gt-800035 - Sales And Use Tax On Restaurants And Catering Page 3

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purchases or rentals of property or services you intend to resell or re-rent as part of your business. If the
goods bought for resale are later used (not resold), you must report and pay use tax and surtax on those
items. Florida law provides for criminal and civil penalties for fraudulent use of a Florida Annual Resale
Certificate for Sales Tax.
When is Tax Due?
Returns and payments are due on the first day of the month and late after the 20th of the month following
each reporting period, whether you are filing monthly, quarterly, twice a year, or yearly. If the 20th falls
on a Saturday, Sunday, or state or federal holiday, returns and payments will be timely if they are
postmarked on the first business day after the 20th. Florida law requires you to file a tax return even
if you do not owe sales and use tax.
Electronic Filing and Payment
We offer the use of our free and secure website to file and pay sales tax. You also have the option of
buying software from a software vendor. For more information on electronic filing and payment options,
visit our website.
You may voluntarily file and pay taxes electronically; however, if you pay $20,000 or more in sales and
use tax between July 1 and June 30 (the state fiscal year), you must use electronic funds transfer (EFT)
for the next calendar year to pay your taxes.
If you make tax payments using electronic funds transfer (EFT), you must initiate electronic payments no
later than 5:00 p.m., ET, on the business day before the 20th.
Penalty and Interest
Penalty – If you file your return or pay tax late, a late penalty of 10 percent of the amount of tax
owed, but not less than $50, may be charged. The $50 minimum penalty applies even if no tax
is due. Penalty will also be charged if your return is incomplete.
Interest – A floating rate of interest applies to underpayments and late payments of tax.
Current and prior period interest rates are posted on our website.
Reference Material
Tax Laws – Our online Revenue Law Library contains statutes, rules, legislative changes, opinions,
court cases, and publications. Search the library for:
Rule 12A-1.0011, Florida Administrative Code (F.A.C.) – Schools Offering Grades K through 12;
Parent-Teacher Associations; and Parent-Teacher Organizations
Rule 12A-1.011, F.A.C. – Sales of Food Products for Human Consumption by Grocery Stores,
Convenience Stores, and Supermarkets; Sales of Bakery Products by Bakeries, Pastry Shops,
or Like Establishments; Drinking Water; Ice
Rule 12A-1.0115, F.A.C. – Sales of Food Products Served, Prepared, or Sold in or by
Restaurants, Lunch Counters, Cafeterias, Hotels, Taverns, or Other Like Places of Business and
by Transportation Companies
Rule 12A-1.037, F.A.C. – Occasional or Isolated Sales or Transactions Involving Tangible
Personal Property or Services
Rule 12A-1.040, F.A.C. – Containers and Other Packaging Materials; Gift Wrapping
Rule 12A-1.080, F.A.C. – Concession Prizes; The Sale of Food, Drink, and Tangible Personal
Property at Concession Stands
Rule 12A-15.010, F.A.C. – The Sale of Food, Drink, and Tangible Personal Property at
Concession Stands
Florida Department of Revenue, Sales and Use Tax on Restaurants and Catering, Page 3

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