Florida is one of the most open states in the country for independent tax preparers. No state license is required, no exam, no state-mandated continuing education, and no registration with any Florida agency. The regulatory floor is federal: a PTIN for all paid preparers, an EFIN if you e-file 11 or more returns, and Circular 230 compliance. What Florida lacks in licensing complexity it more than makes up for in tax complexity for your clients. Individual Florida residents file only a federal return, but the state imposes a 5.5% corporate income tax, documentary stamp tax on real estate transactions, county sales surtaxes, and tourist development tax on short-term rentals. Florida is also the top retiree migration destination in the country, which means the preparers who understand domicile rules, California and New York audit risk, and the transition-year federal return are the ones who build lasting practices. This guide covers every requirement and every Florida-specific tax issue a paid preparer needs to know for TY2025 returns filed in 2026.
Does Florida Require a License to Prepare Taxes?
Florida does NOT require non-credentialed paid tax preparers to obtain a state license, pass an exam, register with any state agency, or complete state-mandated continuing education. The Florida Department of Business and Professional Regulation (DBPR) licenses CPAs under Chapter 473, Florida Statutes, and real estate professionals under Chapter 475. There is no equivalent chapter governing non-credentialed tax preparers. Any individual who obtains a federal PTIN may legally prepare federal tax returns for Florida clients for compensation.
Legislative History: No New Requirements from 2025 DBPR Bills
Florida has periodically reviewed its professional licensing framework. In the 2025 session, HB 1461, HB 991, and SB 110 were reorganization bills targeting DBPR board consolidation and CE reduction for certain licensed professions. None of these bills passed, and none proposed creating a mandatory registration layer for non-credentialed tax preparers. Florida's permissive approach to independent preparers remains unchanged.
Federal Requirements That Apply in Florida
Even without a state licensing requirement, paid preparers in Florida must comply with federal rules:
| Requirement | Who Needs It | Authority |
|---|---|---|
| PTIN ($18.75/year) | Anyone paid to prepare or assist with federal returns | IRC Section 6109(a)(4); IRS Reg. 1.6109-2 |
| EFIN | Any preparer e-filing 11 or more federal returns per year | IRS Publication 3112 |
| Circular 230 compliance | All paid preparers | 31 CFR Part 10 |
The PTIN renews annually by December 31 at irs.gov/ptin. The 2025-2026 fee is $18.75. Renewal takes approximately 15 minutes online. EFIN applications are processed through IRS e-Services; Florida does not issue a separate state EFIN.
Voluntary Credential: IRS Annual Filing Season Program (AFSP)
Because Florida has no licensing baseline, the IRS Annual Filing Season Program is the most accessible differentiator for a new Florida preparer. Completing 18 hours of IRS-approved CE per year (6 hours of federal tax law updates, 10 hours of other federal tax topics, and 2 hours of ethics) earns an AFSP Record of Completion. AFSP holders are listed in the IRS public directory of tax return preparers and receive limited representation rights before the IRS. In a market with no mandatory floor, the AFSP record is a concrete credential to show prospective clients.
America's Tax Professionals is an IRS-approved CE provider (provider number P619F). See our AFSP guide and CE requirements by state for details.
Florida Has No Personal Income Tax: What That Means for Your Practice
Article VII, Section 5(a) of the Florida Constitution prohibits a state income tax on natural persons. This prohibition has been in place since the Constitution was adopted and requires a statewide referendum to change, making it one of the most durable tax features of any state. For a Florida preparer, the practical consequences are significant:
- Individual Florida resident clients file one return: federal Form 1040. There is no Form 1040-FL, no Florida Schedule 1, and no state withholding to reconcile.
- No Florida W-2 withholding. Employers do not withhold Florida income tax. There is no year-end W-2 reconciliation or state payroll income tax deposit obligation.
- No Florida estimated tax payments for individuals.
- No Florida extension for individual income tax.
- No Florida capital gains tax. Long-term and short-term gains are taxed only at the federal level.
The "no income tax" misread. Many new preparers conclude that Florida tax work is simple. For pure wage-earner clients, it is. For business owners, real estate investors, retirees with multi-state histories, C-corp clients, and hospitality businesses, Florida creates its own layer of complexity through the taxes described in the sections below. A preparer who understands only the federal return will miss issues that cost Florida clients real money.
Note: Florida's no-income-tax status does not affect federal self-employment tax. Schedule SE obligations are unchanged. Florida reemployment tax (the state unemployment insurance system) is an employer-side obligation affecting clients who have staff, not an individual income tax.
Florida Corporate Income Tax: What Preparers Need to Know
Florida imposes a corporate income tax on C-corporations and entities taxed as corporations doing business in Florida or deriving income from Florida sources. This is the primary state filing obligation for Florida business clients, and it is the area where many general-practice preparers are least prepared. The rate is 5.5%, in effect since January 1, 2022.
Rate History
The 5.5% rate was temporarily reduced following windfall collections from the 2017 Tax Cuts and Jobs Act, then fully restored:
| Period | Rate |
|---|---|
| Pre-2019 | 5.5% |
| January 1, 2019 to December 31, 2020 | 4.458% |
| January 1, 2021 to December 31, 2021 | 3.535% |
| January 1, 2022 to present | 5.5% (restored) |
Who Pays and Who Does Not
Subject to Florida corporate income tax: C-corporations doing business in Florida, and any entity taxed as a corporation (including a multi-member LLC that elected C-corp taxation or has a corporate member filing on the corporate member's share).
Not subject to Florida corporate income tax: S-corporations (income flows to individual shareholders, who owe no Florida income tax), single-member LLCs (disregarded; no Florida return), and multi-member LLCs taxed as partnerships (no Florida partnership income tax return, unless a corporate member is present). Florida has no franchise tax and no gross receipts tax on LLCs or pass-through entities, which is a material distinction from Texas (franchise/margin tax) and Ohio (commercial activity tax).
How the Tax Is Calculated
The starting point is federal taxable income from Form 1120, Line 30. Florida then applies additions and subtractions to arrive at adjusted federal income. Key modifications include adding back federal bonus depreciation in excess of Florida's allowed amounts (Florida decouples from some federal accelerated depreciation provisions) and subtracting income allocated to other states under apportionment.
Apportionment for multi-state corporations: Florida uses a weighted three-factor formula: sales (50% weight), property (25% weight), and payroll (25% weight). The sales factor is double-weighted, so a corporation with most of its revenue from outside Florida will apportion a smaller share of income to Florida.
$50,000 exemption: After apportionment, Florida deducts $50,000 before applying the 5.5% rate. This means small corporations with modest Florida apportioned income may owe little or no Florida corporate tax. The formula is: (apportioned adjusted federal income minus $50,000) multiplied by 5.5%.
Form F-1120 and Filing Requirements
Florida corporate income tax is reported on Form F-1120 (Florida Corporate Income/Franchise Tax Return). A short form F-1120A is available for qualifying small corporations. The return must be filed even if no tax is due, and the due date follows the federal calendar: generally the 15th day of the 4th month after the close of the taxable year (April 15 for calendar-year filers). Extensions are available. There is no minimum tax below the $50,000 exemption threshold, but the filing obligation exists regardless.
S-corporations are generally not subject to Florida corporate income tax. Their income passes through to shareholders who owe only federal tax. An S-corp that carries C-corp accumulated earnings and profits and pays dividends from those earnings may have a limited Florida liability, but this does not affect most small-business S-corps.
Sales Tax and Tourist Development Tax in Florida
Are Tax Preparation Fees Subject to Florida Sales Tax?
No. Tax preparation is a professional service. Florida's sales tax statute (Chapter 212, Florida Statutes) taxes the sale of tangible personal property and a specific, enumerated list of services. Professional services, including accounting, legal, and tax preparation, are not on the enumerated taxable service list. Tax preparation fees are exempt from Florida sales tax. Preparers do not collect sales tax from individual or business clients for the preparation service itself.
One note: Florida does tax services that are integral to the sale of tangible personal property. The rule is not "services are exempt"; it is "services not enumerated in Chapter 212 are exempt." Preparers with retail or manufacturing clients must understand that boundary.
State Rate and County Surtaxes
Florida's statewide sales tax rate is 6% (Florida Statutes Section 212.031). Counties may impose a Discretionary Sales Surtax (county surtax) on top of the state rate under Florida Statutes Section 212.054. These apply to taxable transactions, not tax preparation. Preparers whose business clients sell taxable goods or services must understand the combined rate in the client's county.
| County | Surtax | Combined Rate |
|---|---|---|
| Alachua | 1.5% | 7.5% |
| Broward | 1.0% | 7.0% |
| Collier | 0.0% | 6.0% |
| Duval | 1.5% | 7.5% |
| Miami-Dade | 1.0% | 7.0% |
| Orange | 1.5% | 7.5% |
The Florida Department of Revenue updates county surtax rates annually in Form DR-15DSS (Discretionary Sales Surtax Information). Verify current rates at pointmatch.floridarevenue.com or the DR-15DSS before advising business clients.
Tourist Development Tax for Vacation Rental Clients
Florida counties may levy a Tourist Development Tax (TDT, also called bed tax or hotel tax) on short-term rentals of six months or less under Florida Statutes Section 125.0104. The standard TDT is up to 5% countywide on room rates, collected separately from sales tax. For preparers serving vacation rental owners, a massive Florida client category given Airbnb and VRBO activity statewide, TDT registration, collection, and remittance are a distinct compliance layer on top of sales tax. Failure to collect and remit TDT is a common and costly error. The income from these rentals also flows to Schedule C or Schedule E on the federal return, depending on the level of services provided.
Florida Documentary Stamp Tax on Real Estate Transactions
Florida's Documentary Stamp Tax (doc stamp) is levied on real property transfers and certain debt instruments under Florida Statutes Sections 201.02 and 201.08. Preparers handling real estate investor clients, clients who sold or purchased property, or clients with seller-financed notes must understand this tax and its interaction with the federal return. It is a source of frequent confusion for clients who relocated from states with no real estate transfer tax.
Rate on Deeds (Real Property Transfers)
| County / Property Type | Rate per $100 of Consideration |
|---|---|
| All Florida counties except Miami-Dade | $0.70 |
| Miami-Dade County: single-family dwelling | $0.60 |
| Miami-Dade County: other property | $0.60 plus $0.45 surtax = $1.05 |
Example: A $500,000 residential sale in Broward County generates $3,500 in doc stamps on the deed ($500,000 divided by $100, multiplied by $0.70).
Rate on Promissory Notes and Mortgages
- Promissory note (unsecured): $0.35 per $100, capped at $2,450 maximum.
- Mortgage (secured obligation): $0.35 per $100, no cap. A $1,000,000 mortgage generates $3,500 in doc stamps.
- Nonrecurring intangible tax on new purchase mortgages: $0.20 per $100 ($2 per $1,000) of principal, separate from the doc stamp on the note. A $400,000 purchase mortgage generates $800 in intangible tax.
Federal Tax Interaction
Doc stamps paid on property acquisition are generally included in the buyer's cost basis. Doc stamps paid by the seller on the deed at closing are a selling expense that reduces the amount realized on Schedule D or Form 4797. These amounts appear on the HUD-1 or Closing Disclosure and must be correctly classified. A preparer who ignores doc stamp treatment will misstate a client's gain or basis on every Florida real estate transaction. The primary practitioner reference is Florida DOR Form GT-800014 (Documentary Stamp Tax Informational Guide).
All parties to a recorded document are legally liable for the tax regardless of which party contractually agrees to pay. By convention in most Florida counties, the seller pays the doc stamp on the deed; the buyer pays doc stamps and intangible tax on the mortgage.
Florida Business Formation and Annual Compliance
LLC Formation in Florida
Florida is a popular LLC formation state. The filing fee with the Florida Division of Corporations (sunbiz.org) is $125. Florida requires a registered agent with a Florida physical address (not a P.O. box). An operating agreement is strongly recommended but not legally required. A single-member LLC owned by an individual has no Florida state tax return obligation.
Annual Report: The May 1 Hard Deadline
Every Florida LLC and corporation must file an Annual Report with the Florida Division of Corporations. The $400 late penalty for missing the May 1 deadline is mandatory and non-waivable. This is one of the most common and avoidable errors for small-business clients in Florida.
| Item | Detail |
|---|---|
| Filing fee (LLC) | $138.75 |
| Filing window opens | January 1 |
| Hard deadline | May 1, 11:59 PM ET |
| Late penalty | $400 mandatory (total: $538.75 if paid after May 1) |
| Administrative dissolution begins | 4th Friday of September if still unfiled |
The annual report window opens January 1, while clients are focused on their tax return. This creates a natural bundled reminder opportunity for preparers: a simple note in the tax folder or client communication about the LLC annual report deadline can save a client $400 and builds the kind of relationship that keeps a client for years.
No Franchise Tax or Gross Receipts Tax
Florida imposes no franchise tax, margin tax, or gross receipts tax on LLCs or pass-through entities. A Florida single-member LLC owned by an individual has no Florida state tax return obligation whatsoever.
Reemployment Tax for Employer Clients
Florida reemployment tax (formerly called unemployment tax) is an employer-side obligation. The new employer rate is 2.7% on the first $7,000 of each employee's wages for the first 10 calendar quarters. After 10 quarters, the rate ranges from 0.1% to 5.4% based on the employer's experience rating. The quarterly reporting form is RT-6, filed with the Florida Department of Revenue. Seasonal hospitality employers must continue RT-6 filings even during zero-payroll quarters.
Florida Homestead Exemption and the Save Our Homes Cap
Florida's homestead exemption reduces the taxable assessed value of a primary residence for property tax purposes. It does not reduce federal income tax, but it affects how much property tax a client pays and has important interactions with federal basis calculations at the time of sale. Authority: Article VII, Section 6, Florida Constitution; Section 196.031, Florida Statutes.
Current Exemption Structure
| Assessed Value Band | Exemption | Applies To |
|---|---|---|
| First $25,000 of assessed value | $25,000 exemption | All ad valorem taxes, including school district |
| $25,001 to $50,000 | No exemption | Taxed fully |
| $50,001 to $75,000 | Up to $25,000 exemption | Non-school taxes only |
Save Our Homes Assessment Cap
The Save Our Homes cap (Amendment 10, 1992; Section 193.155, Florida Statutes) limits annual increases in the assessed value of a homestead to the lesser of 3% or the change in the Consumer Price Index. Over time, this creates a cumulative gap between assessed value (the property tax base) and just (market) value. For long-term homeowners, assessed value may be dramatically below market value.
Critical sale event: When a homesteaded property is sold, the SOH cap resets. The new owner's first-year assessed value equals just (market) value. This dramatically increases property taxes for the buyer, and it is relevant to preparer clients evaluating whether to sell.
Portability: A Florida homeowner who has accumulated a SOH benefit (the difference between just value and assessed value) may transfer up to $500,000 of that benefit to a new Florida homestead within three years of selling the previous one (Section 193.155(8), Florida Statutes). This portability is a meaningful planning consideration for clients downsizing or relocating within Florida.
Federal basis note: The homestead exemption reduces property taxes paid but does not affect federal income tax basis. When preparing a Schedule D or Form 4797 for a Florida home sale, use purchase price plus capital improvements as the federal cost basis. Florida property tax assessments are irrelevant to the federal gain calculation. The Section 121 principal residence exclusion applies under the normal ownership and use tests.
Proposed Expansion: Ballot Measure Pending (Not Yet Law)
On June 2, 2026, the Florida Legislature cleared a proposed constitutional amendment (HJR 1-F) for the November 2026 general election ballot. If approved by 60% of voters, the exemption would increase to $150,000 effective January 1, 2027, and to $250,000 effective January 1, 2028. Homeowners who establish Florida primary residency on or before December 31, 2026, would qualify when the higher exemption takes effect. New residents after that date would face a four-year waiting period.
This has not passed. It requires 60% voter approval in November 2026. Do not advise clients on 2026 property taxes based on this proposal. It is a ballot measure, not current law.
Florida Is a Common Law State, Not Community Property
Florida is NOT a community property state. It is a common law property state. Spousal property rights in Florida are determined by how property is titled, not by when it was acquired during marriage. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. This distinction carries significant federal income tax consequences for clients who have moved to Florida from any of those states.
The Double Step-Up in Basis Issue
In community property states, when one spouse dies, both the decedent's half AND the surviving spouse's half of community property receive a step-up in basis to fair market value at date of death under IRC Section 1014(b)(6). In Florida (a common law state), only the decedent's half receives a step-up. Jointly-held property in Florida gets a step-up on only the decedent's half.
Illustrative example: A California couple holds 1,000 shares purchased at $10 per share (basis $10,000), now worth $100 per share ($100,000 FMV). If the husband dies while the couple still lives in California, the surviving spouse gets a step-up to $100,000 on the entire position under community property rules. If she sells immediately, there is no capital gain. If instead they had moved to Florida years earlier and the assets lost community property character, the surviving spouse's half retains the original $5,000 basis. If she sells immediately, she recognizes $45,000 of capital gain on her half.
Migratory Community Property
Assets acquired while a couple lived in a community property state generally retain their community property character when the couple moves to Florida, unless they affirmatively change the ownership structure. A couple who lived in California for 30 years and recently moved to Florida may still have community property with double step-up potential if they have not retitled those assets into joint tenancy or other common law forms.
Florida Community Property Trust Act: Florida did enact the Florida Community Property Trust Act (Section 736.1501 et seq., Florida Statutes), which allows married couples to opt into community property treatment by placing assets into a special trust. This is an estate planning vehicle designed specifically to access the double step-up in basis under IRC Section 1014(b)(6). It is not a general community property regime.
Clients moving from California, Texas, Arizona, Nevada, Washington, or Louisiana should be advised to consult an estate planning attorney before retitling assets, selling a home, or restructuring investment accounts. Inadvertent conversion from community to separate property can permanently destroy the double step-up benefit. Flag this for client referral; it is not a tax return issue the preparer resolves alone.
Serving Retirees Who Moved to Florida from High-Tax States
Florida receives more interstate retiree migration than any other state. This is not just a demographic observation: it is the defining fact of the Florida preparer market. The high-tax states that send the most departing retirees to Florida are California (13.3% top marginal rate), New York (up to 14.776% combined state and city rate for NYC residents), New Jersey (10.75%), Illinois (4.95%), and Massachusetts (5%). A retired couple with $300,000 in annual income from California can save tens of thousands of dollars per year in state income taxes by establishing Florida domicile. Preparers who understand the domicile rules and the departure-state audit risks are the ones who attract and retain these high-value clients.
Establishing Florida Domicile: The Checklist
A Florida address alone is not sufficient to establish domicile. Former-state tax authorities audit departing residents on all facts and circumstances. The steps that matter:
- File a Declaration of Domicile with the county circuit court (unique to Florida; creates a timestamped public record).
- Obtain a Florida driver's license (surrender the out-of-state license).
- Register vehicles in Florida.
- Register to vote in Florida.
- Update all financial accounts (bank, brokerage, IRA, credit cards) to the Florida address.
- Update will, trust, and estate planning documents to reference Florida law.
- Update medical providers, religious affiliations, clubs, and memberships.
- Update employer and federal tax return filing address.
The "close enough" trap: Courts and audit tribunals have found against taxpayers who checked most boxes but retained strong ties to the former state, particularly an active business in the former state or a maintained primary residence there. If the client's primary income source is still rooted in New York or California, auditors will view the Florida domicile claim skeptically even with a Declaration of Domicile on file.
New York: Statutory Residency and the Convenience Rule
New York applies two independent tests. The domicile test asks whether the taxpayer's true permanent home remained New York. The statutory residency test asks whether the taxpayer maintained a permanent place of abode in New York AND spent more than 183 days there during the year. A taxpayer can successfully change domicile to Florida but still be treated as a New York statutory resident (and owe New York income tax on all income) if they keep a New York apartment and spend too many days there. Any part of a day counts as a full day under New York's day-count rule.
Convenience of the employer rule: If a New York-domiciled employee works remotely for a New York-based employer from Florida, New York may tax those remote work days as New York-source income unless the remote arrangement was a necessity of the employer, not the convenience of the employee. This rule can trap clients who believe their Florida location protects them from New York tax.
In the year of the move, a part-year New York return (Form IT-203) is required. Income must be prorated between the New York and Florida periods.
California: FTB Audit Risk and Source-Income Rules
California's Franchise Tax Board is the most aggressive departure-state auditor in the country. California uses a facts-and-circumstances standard for former residents; there is no formal "safe harbor" period for retirees establishing non-residency. California will send a contact letter if the client files a final California return.
California-source income traps: Rental income from California property, business income from a California sole proprietorship, capital gains from California real property, and stock options or deferred compensation with California work history may remain California-sourced and taxable to California non-residents regardless of domicile change. Advise clients to keep a contemporaneous diary of days spent in California and to retain documentation of all ties they have severed.
Social Security: Federal-Only Taxation
Florida does not tax Social Security benefits. Federally, up to 85% of Social Security benefits may be included in gross income depending on combined income (AGI plus nontaxable interest plus half of Social Security benefits). Preparers serving retired clients must work through the federal worksheet in IRS Publication 915. The 2025 OBBBA did not exempt Social Security from federal tax; the standard federal formula still applies. Social Security income subject to federal tax but exempt from any Florida state tax is one of the clearest financial arguments for Florida domicile in the year of retirement.
Florida has no 183-day rule of its own. Florida has no state income tax and therefore no reason to count days. The day-count battle belongs entirely to the former state.
Client Niches That Drive Florida Preparer Revenue
Retirees (Highest Volume)
Retirees are the dominant non-credentialed preparer client in Florida. These clients typically receive Social Security, pension income, IRA distributions, and investment income, and many have recently relocated from a high-tax state. Key return issues are all federal: the Social Security taxability worksheet (up to 85% includable), RMD compliance (age 73 under SECURE 2.0), Qualified Charitable Distributions (QCDs, tax-free IRA to charity up to $105,000 per year, inflation-adjusted), Form 1099-R for pension and annuity distributions, and a part-year return in the former state in the year of the move.
Many Florida retirees receive multiple 1099-R forms, a 1099-SSA, 1099-DIV and 1099-INT from investments, and 1099-B from brokerage accounts. Correctly assembling these, applying the SS taxation worksheet, and advising on QCD opportunities is where a competent independent preparer distinguishes the practice from a discount chain.
Real Estate Investors
Florida's real estate market creates a large and profitable client category. Key issues include Schedule E rental income and expense reporting, depreciation schedules on Form 4562 (27.5 years for residential, 39 years for commercial), doc stamp treatment of acquisition costs and selling expenses, 1031 exchanges under IRC Section 1031 (purely federal; Florida has no state conforming provision because there is no state income tax), passive activity rules and material participation tests, the Section 199A QBI deduction for rental real estate enterprises, and vacation rental clients with Airbnb or VRBO income who also face TDT compliance obligations.
There is no Florida capital gains tax. Long-term gain on Florida real estate is taxed only at the federal level. Doc stamp tax and intangible tax on new mortgages affect the client's cash flow at closing and their cost basis but do not create a Florida income tax event.
Tourism and Hospitality
Florida's tourism industry generates more than $110 billion annually and produces a large category of hospitality small business clients: hotel and motel operators, vacation rental owners, restaurants, tour operators, charter boat businesses, and theme park adjacent services. Key issues for preparers include sales tax registration and remittance (most hospitality businesses collect and remit Florida sales tax), TDT compliance for short-term rental operators, the FICA tip credit (Form 8846) for restaurant employers, Form 8027 for large food and beverage establishments, and seasonal payroll with high turnover and volatile RT-6 filing obligations.
On tip income and the OBBBA: tip income received after December 31, 2024 is federally excluded under the OBBBA for qualifying hospitality workers. However, FICA taxes (Social Security and Medicare) on those tips are still owed. Florida has no state income tax, so the federal tip exemption is the only relevant tax benefit for the worker. Confirm the federal treatment applies before advising clients.
Cuban and Puerto Rican Communities
Miami-Dade and Broward counties are home to the largest Cuban-American community in the United States (approximately 1.4 million Cuban Americans in Florida) and a substantial Puerto Rican community concentrated in the Orlando and Kissimmee area and in South Florida. Preparers serving these communities face distinct issues.
Cuban-American client issues: Many clients are self-employed in restaurants, retail, construction, and service businesses. ITIN clients require an IRS Acceptance Agent or Certifying Acceptance Agent (CAA) for ITIN applications and renewals. Clients with accounts in Latin American countries may trigger FBAR obligations (FinCEN 114) and Form 8938 (FATCA) requirements.
Puerto Rican community issues (frequently misunderstood): A bona fide Puerto Rico resident who earns Puerto Rico-source income may exclude that income from U.S. federal gross income under IRC Section 933. A Puerto Rican who moves to Florida loses the Section 933 exclusion for income earned after the move. Income earned after establishing Florida domicile is fully includable in U.S. federal gross income. A client who lived in Puerto Rico on self-employment income and moves to Kissimmee mid-year will have a complex return with both Puerto Rico-sourced income (partially excludable) and U.S.-sourced income in the same year. Puerto Rico residents file Form 1040-SS for self-employment income; the transition year to a Florida address creates a Form 1040 obligation.
Snowbirds and Seasonal Residents
Snowbirds are wealthy retirees and second-home owners who spend winters in Florida and summers in a northern state (New York, Michigan, Illinois, Ohio, New Jersey, and Pennsylvania most commonly). These clients file in their domicile state but need help documenting Florida time to stay below 183 days in the northern state. Florida has no individual return, so this is entirely about audit defense in the northern state. Advise snowbird clients to keep a contemporaneous travel log, including credit card statements, EZ-Pass records, flight records, doctor visit records, and club attendance.
Military Personnel and Veterans
Florida is home to major military installations including MacDill Air Force Base (Tampa), Eglin Air Force Base (Fort Walton Beach), Naval Air Station Pensacola, Patrick Space Force Base (Brevard County), and Naval Station Mayport (Jacksonville). Because Florida has no income tax, no additional state filing exists for active duty pay. BAH and BAS are federally excluded from gross income under IRC Section 134. Military retirement pay is not subject to Florida income tax and has favorable federal treatment depending on the type of pay.
SCRA domicile protection: Under the Servicemembers Civil Relief Act, a service member does not change state domicile simply by being stationed in Florida. A service member from Ohio stationed at MacDill remains an Ohio domiciliary for state tax purposes and owes Ohio income tax on military pay.
Military Spouse Residency Relief Act: Under the Veterans Benefits and Transition Act of 2018, a military spouse may claim the same state of domicile as the service member, regardless of where the spouse physically works. A spouse working in Florida for a Florida employer may owe income tax in their home state rather than Florida.
Frequently Asked Questions
Does Florida require a tax preparer license?
No. Florida does not require non-credentialed paid tax preparers to obtain a state license, register with any Florida agency, pass a state exam, or complete state-mandated continuing education. The only mandatory credentials are a federal PTIN (required for all paid preparers) and an EFIN if you e-file 11 or more federal returns per year. The 2025 DBPR consolidation bills (HB 1461, HB 991, SB 110) were reorganization measures that did not pass and did not propose preparer registration requirements.
Does Florida have a state income tax?
No. Article VII, Section 5(a) of the Florida Constitution prohibits a state income tax on natural persons. Individual Florida clients file only a federal Form 1040. There is no Florida W-2 withholding, no Florida estimated tax payments, no Florida extension for individuals, and no Florida Form 1040 equivalent. Changing this prohibition requires a statewide referendum.
What is the Florida corporate income tax rate?
Florida imposes a 5.5% corporate income tax on C-corporations and entities taxed as corporations. The rate has been in effect since January 1, 2022. S-corporations, single-member LLCs, and multi-member LLCs taxed as partnerships are not subject to Florida corporate income tax. The return (Form F-1120) starts from federal taxable income on Form 1120, Line 30, applies Florida modifications and apportionment, then subtracts a $50,000 exemption before applying the 5.5% rate.
What are the tax issues when a retiree moves to Florida?
Moving to Florida eliminates state income tax on Social Security, pensions, IRA distributions, and investment income. However, a Florida address alone does not establish domicile. Clients should file a Declaration of Domicile, transfer their driver's license and vehicle registration, update voter registration, and update all financial account addresses. California and New York audit former residents aggressively: California taxes California-source income (rental income, business income, gains from California property) regardless of domicile change; New York can impose statutory residency if the client maintains a New York apartment and spends more than 183 days there. In the year of the move, a part-year return is required in the former state. Social Security remains subject to federal tax under the standard federal formula (up to 85% of benefits includable), but no Florida tax applies.
Does Florida have a documentary stamp tax that affects clients?
Yes. Florida imposes a Documentary Stamp Tax on real property transfers and debt instruments under Florida Statutes Sections 201.02 and 201.08. On deeds, the rate is $0.70 per $100 of consideration in all counties except Miami-Dade ($0.60 per $100, plus a $0.45 per $100 surtax on non-single-family property). On promissory notes and mortgages, the rate is $0.35 per $100 of principal, capped at $2,450 for unsecured notes and uncapped for secured mortgages. New purchase mortgages also carry a nonrecurring intangible tax of $0.20 per $100 of principal. Doc stamps paid at acquisition are included in the buyer's cost basis; doc stamps paid by the seller at closing reduce the amount realized on Schedule D or Form 4797.
For 2025 returns, verify how this state responds to the One Big Beautiful Bill Act provisions before filing. The state OBBBA conformity practitioner guide covers the conformity analysis workflow for tip and overtime income add-backs, bonus depreciation decoupling, and QBI adjustments in major nonconforming states.