What Is The Tourist Development Tax?
The Tourist Development Tax (Resort Tax) is a 5% charge on the revenue of rentals six (6) months or less. This tax is collected by Brevard County Tax Collector pursuant to Brevard County Code, Chapter 102, "Taxation," Article III, as authorized by Florida Statute 125.0104. The Local Tourist Development Tax of 5% is in addition to the 6% State of Florida Sales and Use Tax remitted to the Florida Department of Revenue.
At the May 10, 2005 board meeting, the Brevard County Board of County Commissioners amended Brevard County Code of Ordinances, Chapter 102, Article III, Tourist Development Tax, Section 102-117. The amendment authorized a 1% increase in the Local Option Tourist Tax from 4% to 5%, pursuant to Section 125.0104(3)(n), Florida Statutes.
The effective date to begin collecting the 5% tax is July 1, 2005. Any Tourist Development Tax collected based on rentals prior to July 1, 2005 should be remitted at a 4% rate.
The Brevard County Tax Collector has the responsibility to ensure compliance with the ordinance and to protect the interests of the citizens of Brevard County through audit and enforcement procedures.
Who must pay the Tourist Development Tax?
Any person who rents or leases any accommodation for six months or less must collect from the tenant, tourist development tax along with the rent payment. Tourist development tax will be collected from the lessee, tenant, or customer at the time of payment of the consideration for such leases or rental. The tax return and payment are due on the first day of the following month in which it was collected and is considered delinquent if not postmarked by the 20th of that month, e.g.: January tax return is due February 1st and is considered delinquent on the 21st of February.
What are the responsibilities of managers and/or owners of rental properties
with respect to the Tourist Development Tax?
Managers of rental properties and owners who manage their own rentals are responsible for collecting, accounting for, and remitting of the Tourist Development Tax from their guests to the Brevard County Tax Collector. A return including remittance must be filed monthly, unless a quarterly or seasonal reporting period has been established [low volume].
Pursuant to Florida Statute 212.12, manager/owners are permitted to keep a collection allowance of 2.5% of the tax collected, up to a maximum of $30.00, if their return is postmarked timely, on or before the 20th of the following month in which the taxes were collected. If a return is postmarked after the due date, the collection allowance is forfeited and penalties with interest will be due. The penalty is 10% of the tax due for each month or fraction thereof that the return is late, with a minimum penalty of $50.00 and a maximum penalty of 50% of the tax due. Interest accrues daily on delinquent tax at a variable interest rate pursuant to Florida Statute 213.235.
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