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If a company performs work (tarping of roofs, water

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extraction, etc.) from Hurricane Irma...
If a company performs work (tarping of roofs, water extraction, etc.) from Hurricane Irma in Florida, is it subject to FL sales tax?
Submitted: 10 months ago.Category: Tax
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Answered in 45 minutes by:
10/5/2017
Tax Professional: Lev, Tax Advisor replied 10 months ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,270
Experience: Taxes, Immigration, Labor Relations
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The work you referring is classified as "real property contract"

General rule of taxability of real property contractors.

Contractors are the ultimate consumers of materials and supplies they use to perform real property contracts and must pay tax on their costs of those materials and supplies, unless the contractor has entered a retail sale plus installation contract.

Such contractors should pay tax to their suppliers on all purchases.

They should charge no tax to their customers, regardless of whether they itemize charges for materials and labor in their proposals or invoices, because they are not engaged in selling tangible personal property.

Such contractors should not register as dealers unless they are required to remit tax on the fabricated cost of items they fabricate to use in performing contracts.

See for reference

http://www.floridasalestax.com/Florida-Sales-Tax-Rules/12A-1-051.aspx

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Customer reply replied 10 months ago
They are not a contractor though. They are performing water mitigation.
Tax Professional: Lev, Tax Advisor replied 10 months ago

"Real property contract" means an agreement, oral or written, whether on a lump sum, time and materials, cost plus, guaranteed price, or any other basis, to:

a. Erect, construct, alter, repair, or maintain any building, other structure, road, project, development, or other real property improvement;

b. Excavate, grade, or perform site preparation for a building, other structure, road, project, development, or other real property improvement; or

c. Furnish and install tangible personal property that becomes a part of or is directly wired or plumbed into the central heating system, central air conditioning system, electrical system, plumbing system, or other structural system that requires installation of wires, ducts, conduits, pipes, vents, or similar components that are embedded in or securely affixed to the land or a structure thereon.

.

For me it sounds that tarping of roofs, water extraction, etc are indeed "real property contract".

If you think that may not be classified as such - the determination might be different.

But as said - I do not see any issue to classify that work as "real property contract" and apply the rule referenced above.

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Tax Professional: Lev, Tax Advisor replied 10 months ago

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