Legal Question in Real Estate Law in Florida

Commercial Tenant/Landlord

I am looking to lease a restaurant. The Landlord wants to charge me 6pct sales tax on my monthly rent, as well as the first and last month' rent and deposit he requires to sign the lease. Is this legal? I have three Residential single family homes that I rent, and do not charge tax on rent I collect. As a residential tenant I have never paid tax on my rent. Please enlighten me. Thanks!


Asked on 6/24/09, 1:23 am

1 Answer from Attorneys
Lawrence Tolchinsky Sackrin & Tolchinsky, P.A.

Re: Commercial Tenant/Landlord

Commercial Real Estate rentals are subject to sales tax under Florida Statute 212.031 (Tax on rental or license fee for use of real property). You should also review Florida Administrative Code Rule 12A-1.070.

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Answered on 6/24/09, 7:33 am


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