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Departments |
Tangible Personal Property |
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One of the changes to Florida tax law authorized by Amendment 1 is the exemption of $25,000 in value from Tangible Personal
Property accounts. The Department of Revenue has given counties the option of accepting or not accepting a Form DR-405EZ
for the 2008 tax roll. Because of the importance of having an accurate base value for Tangible Personal Property and due
to the lack of necessary information required to complete this form, The Monroe County Property Appraiser’s Office will not
be accepting Form DR-405EZ for 2008. Tangible personal property (TPP) is defined in Section 192.001, F.S. as "all goods, chattels and other articles of value (but does not include...vehicular items...) capable of manual possession and whose chief value is intrinsic to the article itself." TPP is everything other than real estate that has value by itself and includes such things as furniture, fixtures, tools, machinery, household appliances, signs, equipment, leasehold improvements, supplies, leased equipment and any other equipment used in a business or to earn income. It does not include motor vehicles, mobile homes, inventory, livestock, boats or airplanes. TPP Frequently Asked QuestionsWho must file a personal property return? What If I have no assets to report? If I am no longer in business, should I still file? What if I have old equipment that has been fully depreciated and written off the books? Do I have to report assets that I lease, loan, rent, borrow or are provided as part of the rent? Is there a minimum value that I do not have to report? What are the deadlines and penalties for filing? If I buy or sell an existing business during the year, who is responsible for the taxes? What is an office or field review assessment? What if I don't agree with the assessed value that appears on my notice of proposed property tax? Who must file a personal property return? Anyone in possession of assets on January 1 who has either a proprietorship, partnership, corporation or is a self-employed agent or contractor, must file each year. Property owners who lease, lend or rent property must also file a return. Section 193.052, Florida Statutes, requires that all tangible personal property be reported each year to the Property Appraiser's office. Failure to submit receive a personal property tax return the property appraiser does not relieve you of your obligation to file. What If I have no assets to report? Even if you feel you have nothing to report, complete the return form, attach an explanation about why nothing was reported, and file it with the property appraiser's office. Almost all businesses and rental units have some assets to report, even if it is only supplies, rented equipment, or household goods. If I am no longer in business, should I still file? Yes. If you were in business on January 1 of the tax year, indicate the date you went out of business, the manner in which you disposed of your business assets and the name and address of the recipient of the assets on your return. If you still have the assets, you must file on these items. Sign and date the return and file it with the property appraiser's office. What if I have old equipment that has been fully depreciated and written off the books? Whether fully depreciated in your accounting records or not, all property still in use or in your possession should be reported. Do I have to report assets that I lease, loan, rent, borrow or are provided as part of the rent? Yes. There is an area on the return specifically for those assets. Even though the assets are assessed to the owner, they must be listed for informational purposes. Is there a minimum value that I do not have to report? No. There is no minimum value. A personal property tax return must be filed on all assets by April 1. However, if the resulting property taxes amount to less than $5.00, you will not receive a tax bill. What are the deadlines and penalties for filing? The deadline for filing a timely return is April 1. After that date, state law provides that penalties be applied at 5% per month or portion of a month that the return is late., up to a maximum of 25% penalty when no return is filed. If I buy or sell an existing business during the year, who is responsible for the taxes? The owner as of January 1 is responsible for the taxes for that year. Most title companies do not do a search of the tangible assets of a business, therefore, you should consult your broker, attorney or closing agent to insure your proper protection. What is an office or field review assessment? When a tax return is not filed by April 1, the property appraiser is required to place an assessment on the property. This assessment represents an estimate based upon the value of businesses with similar equipment and assets. Being assessed does not alleviate you of your responsibility to file an accurate return. What if I don't agree with the assessed value that appears on my notice of proposed property tax? In mid-August, the owner of record will receive a notice of proposed property tax covering TPP. If you disagree with your assessment, call your property appraiser or go to the office to discuss the matter. If you have evidence that the appraised value is more than the actual fair market value of your property, the property appraiser will welcome the opportunity to review all the pertinent facts. If you do not agree after talking, then you may file a petition to have the matter reviewed by the Value Adjustment Board, an independent reviewing authority. Should you not agree with the VAB, then you may file suit to have the assessment reviewed in court.
If you sell your business, go out of business, or move to a
new location, please inform your property appraiser office promptly. This helps
to ensure timely, accurate records. January 1
January 1 to March 1
April 1
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