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  • Brandi posted an update in the group Florida 8 years, 11 months ago

    Hello! I’m new! I’ve been making cake pops for 3 years out of my home to friends and family and I’m not expanding and making everything legit. I pretty much have everything in order for all I need to get done. The biggest confusion was sales tax for me. Every other baker I know in FL and in my area charges sales tax but I read here on this site first about baked goods being tax exempt… considering they are taking the goods off your property and consuming them elsewhere. I have mentioned this to everyone I know and they have swear they should be collecting the tax. I just got off the phone with the FL Dept of Revenue and she confirmed what I thought was correct, you DO NOT need to collect a sales tax. I also asked if I could possibly have a county tax. She said there are only two counties in FL who have a separate county tax: Panama and Miami. So I feel better about not collecting the sales tax now from goods leaving my home. I also mentioned to her about selling at a market or having a vendors table at a fair, etc…should I collect them at that point? She said as long as you don’t have tables set up as part of your “display” for them to eat your product, you don’t need to.
    Has anyone else had this confusion????

    • Often sales tax is required at a local level and exempted at a state level, but I’ve heard a lot of different things about Florida. You might be able to call up the Department of Revenue, talk to a different person, and get a different answer. However, it seems like the person you talked to knows what they’re talking about. Here’s one person’s experience: http://forrager.com/groups/florida/forum/topic/paying-income-tax/#post-2254

      In that case, she dealt with Miami tax (which you confirmed) and Cape Coral tax (a city tax), and it doesn’t sound like Lee County required tax. I think that at this point, you can confirm that your city doesn’t require tax and feel good about not charging it.