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
(Form F-1120A).
Any nonprofit or tax-exempt organization, including a private
foundation, exempt from Federal Income Tax under I.R.C. s. 501(a) and
described in I.R.C. s. 501(c) is required to file Form F-1120 only
when:
-
the organization has "unrelated trade or business taxable income"
according to I.R.C. s. 512, or
- it is filing Form 990T with the Internal Revenue Service.
An organization required to apply for a "determination letter" to be
exempt under I.R.C. s. 501(a) that has not timely filed such
application as required by I.R.C. Reg. s. 1.508-1 or has received an
adverse determination will not be considered a tax-exempt
organization. The organization is subject to Florida corporate income
tax and required to file a Form F-1120 unless it receives a
retroactively effective determination letter. If the Internal Revenue
Service determines the organization was not exempt from federal income
tax for any period, 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
webpage for additional information.
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
(RTS-1C) bulletin.
Visit the Department's
Reemployment Tax
webpage for additional information.
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. To learn more, visit our webpage
Nonprofit Organizations and Sales and Use Tax.
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
DACS
website.
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
Form 1024.