Nonprofit organizations may qualify for exemption from some Florida taxes. Each tax is separate and distinct and has its own requirements. As a result, exemption from
one tax does not necessarily exempt the organization from all taxes and not all Florida tax exemptions require the organization obtain a federal tax-exempt status.
Nonprofit Organizations and Corporate Income Tax
Tax-exempt organizations that have "unrelated trade or business income" for federal income tax purposes are subject to Florida corporate income tax and must file
either the Florida Corporate Income/Franchise Tax Return (Form F-1120 ) or the
Florida Corporate Short Form Income Tax Return
Any nonprofit or other tax-exempt organization, including a private foundation, which is exempt from Federal Income Tax under I.R.C. s. 501(a), and is described in
I.R.C. s. 501(c), is required to file a Form F-1120 only when such organization has "unrelated trade or business taxable income," as determined under I.R.C. s. 512,
or is filing a Form 990T with the Internal Revenue Service. An organization that is required to apply for a "determination letter" in order to be exempt under I.R.C.
s. 501(a), which has not timely filed such application on or before its due date as required by I.R.C. Reg. s. 1.508-1 or which has received an adverse determination,
shall not be considered to be a tax-exempt organization. Such organization is subject to the Florida corporate income tax and is required to file a Form F-1120 unless
the organization receives a retroactively effective determination letter. If an organization does not file Florida corporate income tax returns in reliance on this
rule, and the Internal Revenue Service determines that the organization was not exempt from federal income tax for any such period, then the organization will be
required to file Form F-1120 or Form F-1120X pursuant to Section 220.23, F.S.
Visit the Department's Corporate Income Tax web page for additional
Nonprofit Organizations and Reemployment Tax
A nonprofit organization is liable for reemployment tax if it employs four or more workers for any portion of a day in 20 different calendar weeks during the
current or preceding calendar year. Churches and church schools are exempt from this liability. For purposes of the Florida Reemployment Assistance Program Law, a
nonprofit organization is defined in Section 3306(c)(8) of the Federal Unemployment Tax Act and Section 501(c)(3) of the Internal Revenue Code (IRC).
Nonprofit organizations have the option of being contributing employers or reimbursing employers. A contributing employer submits quarterly reports and tax due
by applying their tax rate to the taxable wages they have paid each quarter. A reimbursing employer is one who must pay the Unemployment Compensation Trust Fund on
a dollar-for-dollar basis for the benefits paid to its former employees. The reimbursing employer is billed quarterly for reimbursement of benefits paid in the
prior quarter. Regardless of the method of payment, all employers must submit wage reports each quarter. If an employer chooses to change the method of paying,
it must sign a special election form and stay with the chosen method for at least two years. More information is available in the
Employer Guide to Reemployment Tax (RT-800002) and Information for Nonprofit Organizations
Visit the Department's Reemployment Tax web page for additional
Nonprofit Organizations and Sales and Use Tax
Florida law grants certain nonprofit organizations specific exemptions from Florida sales and use tax. To be eligible for the exemption, nonprofit organizations
must obtain a Florida Consumer’s Certificate of Exemption from the Florida Department of Revenue.
Other Florida Requirements
Florida Department of Agriculture and Consumer Services (DACS) - Division of Consumer Services
Call 800-435-7352 (Florida only) or 850-410-3800, or visit the
Charitable organizations or sponsors intending to solicit contributions from the public in Florida must annually register with the Division of Consumer Services.
Access the required forms on the DACS website. See Chapter 496, F.S.
Florida Department of State (DOS) - Division of Corporations
Call 850-245-6052, or visit the Division of Corporations website.
Download the Florida Department of State, Division of Corporations,
Florida Not for Profit Corporation Act booklet, which contains all
necessary forms and instructions that must be filed by not-for-profit organizations in Florida.
Florida Department of Transportation (DOT) - State Maintenance Office
Call 866-374-3368 ext. 5757, or visit the DOT website.
Not-for-profit organizations intending to solicit contributions from the public at Florida highway rest stops can find permit information at the
FDOT One-Stop Permitting website.
Internal Revenue Service (IRS)
Call 877-829-5500, or visit the IRS website.
Exemptions provided by Section 501(a), Internal Revenue Code Publication 557, Tax-Exempt Status for Your Organization, describes the various types of
organizations that may qualify for federal tax exempt status and the forms needed to file. To request recognition from the IRS for tax exempt status as defined
under Section 501(a), complete federal Form 1023. To ask the IRS for a determination letter clarifying your organization's filing obligations, complete federal