Verifying Business Account Status
Buying an Existing Business
Before buying an existing business, the purchaser should ask the seller
for documentation of any tax, penalty, or interest due to the Florida
Department of Revenue, since the purchaser could be liable for what is
owed in relation to the business. The purchaser can withhold enough of the
purchase money to cover the liability until the seller pays the amount
due. While the sale is pending, the purchaser should have the seller hold
an amount in escrow equal to any potential liability.
The seller can ask the Department for a
Certificate of Compliance as proof the Department has not
issued a
Notice of Intent to Audit Books and Records
and there are no outstanding liabilities on their account. The seller can
provide this certificate to the purchaser as proof of good standing when
selling a business or business interest.
Applying for Federal Grants or Loans
A taxpayer can also request a
Tax Clearance Letter (status of account) to be used when
applying for certain federal grants or loans. While this letter provides
the status of an account, it
does not exempt the business from future audits that may
cover periods before the business was sold.
Important Notice
Both the Certificate of Compliance and the
Tax Clearance Letter represent a point in time and show
that the taxpayer does not currently have outstanding audit assessment
notices, tax delinquencies and/or bills. If a significant amount of time
lapses between issuance of the certificate and the sale, a new certificate
may be requested.
How to Request a Tax Clearance Letter or Certificate of Compliance
Pursuant to Section 213.053, Florida Statutes, information received by
the Florida Department of Revenue is confidential and can only be
released with proper written authorization. You can apply online for a
Request for Tax Clearance Letter or Certificate of Compliance. The requester's name must be listed on the
Florida Department of State - Division of Corporations
showing their association with the company or they must have a
Power of Attorney and Declaration of Representative
(Form DR-835
) on file with the Department.
If you prefer to file a hardcopy request, the request must include
all of the following information to prevent denial:
-
Requester name (including signature), telephone number, fax number,
email address, and a copy of the requester's driver’s license or
identification card.
The picture ID must be readable, or processing may be
delayed.
-
Business name and address, and an identification number such as
Business Partner Number, Federal Employer Identification Number,
etc.
-
A properly executed
Power of Attorney and Declaration of Representative
(Form DR-835
), if you want a qualified party to represent you.
You may fax your request to 850-922-5254 or mail it to:
Florida Department of Revenue
PO Box 8045
Tallahassee, Florida 32314-8045
Note: When the Department responds to an inquiry via
email that includes confidential information such as tax numbers or
SSNs, the email will be sent using the Department’s secure email
software, Microsoft Outlook message encryption (OME). Microsoft OME
requires you to establish a Microsoft Live account associated with
your email address. You may need to turn off spam blocking tools
and/or change security options to receive secure emails from the
Department.
The standard time frame for processing is 7-10 business days from the
date the Department receives your request.
How to Request a Transferee Liability Audit
When a business or stock of goods is sold, the unpaid sales tax
liability (if any) of the former owner may transfer to the purchaser,
unless the Florida Department of Revenue issues a Certificate of
Compliance or conducts a transferee liability audit. Either the buyer
or the seller can request the audit:
-
The seller can submit the
Seller's Application for Transferee Liability Certificate
(Form DR-842
);
-
The purchaser can submit the
Purchaser's Application for Transferee Liability
Certificate
(Form DR-843
), along with a signed sales agreement included with the request.
Because tax information is confidential, the Department will provide
only the seller with the audit results and transferee liability
certificate.
Who conducts the audit?
Generally, the Florida Department of Revenue conducts the audit.
However, for sales tax, you can hire a Certified Public Accountant
(CPA) who is qualified to conduct sales and use tax audits for the
Department.
Florida Department of Revenue Audit: If you want the
Department to conduct the audit, send the completed
Seller's Application for Transferee Liability Certificate
(Form DR-842
) or
Purchaser's Application for Transferee Liability Certificate
(Form DR-843
) and signed sales agreement to:
Florida Department of Revenue
PO Box 5139
Tallahassee FL 32314-5139
Hiring a CPA: For sales tax audits, you can hire a
qualified CPA to conduct your transferee liability audit. Qualified
CPA practitioners are certified in sales and use tax through the
Certified Audit Program (Form GT-800065
).
The
Florida Institute of Certified Public Accountants
maintains a list of CPA practitioners who are certified to conduct
sales and use tax audits for the Department. When you select a CPA, he
or she will tell you what information is needed to conduct the audit.
You are responsible for paying the fee to the auditor you select.
When the audit is complete, the Department will notify the current
owner of the business of tax, penalty and interest due (if any). If
there is a delay in the sale of the business, you may request a
Certificate of Compliance for the periods not covered by the audit.
Note: Sales tax is the only tax for which a certified audit may be
completed.
For More Information
For more information about certificates of compliance or tax clearance
letters, contact your
local service center
or call the Department's Taxpayer Assistance at 850-488-6800
Monday-Friday, excluding holidays.
If you have general questions about transferee liability audits,
contact the Department's Case Processing Section at 850-617-8565 or
email
RevProcs@floridarevenue.com.
If you have questions about the Certified Audit Program, call the
Department's Certified Audit Section at 850-617-8578, or the Florida
Institute of Certified Public Accountants (FICPA) at 800-342-3197.
Visit the
FICPA's
website for more information on the Certified Audit Program and the
list of qualified CPA Practitioners.