Florida Senate - 2019 SB 1642 By Senator Gainer 2-01603-19 20191642__ 1 A bill to be entitled 2 An act relating to the sales tax on commercial real 3 property rentals; amending s. 212.031, F.S.; reducing 4 the rate of the tax; providing an effective date. 5 6 Be It Enacted by the Legislature of the State of Florida: 7 8 Section 1. Paragraphs (c) and (d) of subsection (1) of 9 section 212.031, Florida Statutes, are amended to read: 10 212.031 Tax on rental or license fee for use of real 11 property.— 12 (1) 13 (c) For the exercise of such privilege, a tax is levied at 14 the rate of 5.5
5.7percent of and on the total rent or license 15 fee charged for such real property by the person charging or 16 collecting the rental or license fee. The total rent or license 17 fee charged for such real property shall include payments for 18 the granting of a privilege to use or occupy real property for 19 any purpose and shall include base rent, percentage rents, or 20 similar charges. Such charges shall be included in the total 21 rent or license fee subject to tax under this section whether or 22 not they can be attributed to the ability of the lessor’s or 23 licensor’s property as used or operated to attract customers. 24 Payments for intrinsically valuable personal property such as 25 franchises, trademarks, service marks, logos, or patents are not 26 subject to tax under this section. In the case of a contractual 27 arrangement that provides for both payments taxable as total 28 rent or license fee and payments not subject to tax, the tax 29 shall be based on a reasonable allocation of such payments and 30 shall not apply to that portion which is for the nontaxable 31 payments. 32 (d) When the rental or license fee of any such real 33 property is paid by way of property, goods, wares, merchandise, 34 services, or other thing of value, the tax shall be at the rate 35 of 5.5 5.7percent of the value of the property, goods, wares, 36 merchandise, services, or other thing of value. 37 Section 2. This act shall take effect July 1, 2019.