Sales of Clothing and School Supplies; Sales Tax Holiday During the Period August 2 through August 6, 2019  

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    DEPARTMENT OF REVENUE

    Sales and Use Tax

    RULE NO.:RULE TITLE:

    12AER19-04Sales of Clothing and School Supplies; Sales Tax Holiday During the Period August 2 through August 6, 2019

    SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Section 19 of Chapter 2019-42, Laws of Florida, authorizes the Department of Revenue to promulgate emergency rules to implement the provisions of the law specifying a period during which the sale of certain clothing. school supplies, and personal computers and personal computer-related accessories are exempt from sales and use tax. The law provides that conditions necessary for an emergency rule have been met. The promulgation of this emergency rule ensures that the public is notified in the most expedient and appropriate manner regarding the exemption during the period August 2, 2019, through August 6, 2019, for sales of clothing, wallets, or bags having a selling price of $60 or less per item, sales of school supplies having a selling price of $15 or less per item, and personal computers and personal computer-related accessories selling for $1,000 or less per item. The exemption does not apply to sales within a theme park or entertainment complex, as defined in subsection 509.013(9), F.S., or within a public lodging establishment, as defined in subsection 509.013(4), F.S., or within an airport, as defined in subsection 330.27(2), F.S. The rule defines “clothing,” “school supplies,” “personal computers,” “personal computer-related accessories,” “theme park or entertainment complex,” “public lodging establishment,” “airport,” and “mail order sales.” The rule describes the items included in the exemption and explains how various transactions are to be handled for purposes of the exemption, including sales of sets of both exempt and taxable items, items normally sold as a unit, mail order sales, shipping and handling charges, layaway sales, rain checks, exchanges, coupons, rebates, and discounts, repairs and alterations, gift certificates, rentals of clothing, and merchant’s license fees. The rule provides procedures for qualified businesses to opt out of participation in the holiday, as allowed by the law creating the holiday. The rule provides a list of items and their taxable status during the exemption period for clothing, school supplies, and personal computers and personal computer-related accessories.

    REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The Legislature expressly authorized the promulgation of an emergency rule to administer the provisions of Section 19 of Chapter 2019-42, Laws of Florida, which specify a period during which the sales of certain clothing and school supplies are exempt from sales and use tax. Additionally, an emergency rule is the most expedient and appropriate means of notifying dealers and taxpayers of the provisions of Section 19 of Chapter 2019-42, Laws of Florida.

    SUMMARY: Emergency Rule 12AER19-04 notifies the general public and retailers of the exemption during the period August 2, 2019, through August 6, 2019, for sales of clothing, wallets, or bags having a selling price of $60 or less per item, sales of school supplies having a selling price of $15 or less per item, and personal computers and personal computer-related accessories selling for $1,000 or less per item.

    THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Danielle Boudreaux, Technical Assistance and Dispute Resolution, Department of Revenue, P.O. Box 7443, Tallahassee, Florida 32314-7443, telephone (850)717-7082.

     

    THE FULL TEXT OF THE EMERGENCY RULE IS:

    12AER19-04 Sales of Clothing and School Supplies; Sales Tax Holiday During the Period August 2 through August 6, 2019.

    (1) Definitions. For purposes of this rule, the following definitions apply:

    (a) “Holiday period” means the period from August 2, 2019, through August 6, 2019.

    (b)1. “Clothing” means any article of wearing apparel intended to be worn on or about the human body, including all footwear, except skis, swim fins, roller blades, and skates.

    2. “Clothing” does not include watches, watchbands, jewelry, umbrellas, and handkerchiefs.

    (c) “School supplies” means pens, pencils, erasers, crayons, notebooks, notebook filler paper, legal pads, binders, lunch boxes, construction paper, markers, folders, poster board, composition books, poster paper, scissors, cellophane tape, glue or paste, rulers, computer disks, staplers and staples used to secure paper products, protractors, compasses, and calculators.

    (d)1. “Personal computers” includes electronic book readers, laptops, desktops, handhelds, tablets, or tower computers.

    2. The term does not include cellular telephones, video game consoles, digital media receivers, or devices that are not primarily designed to process data.

    (e) “Personal computer-related accessories.”

    1. The term includes keyboards, mice, personal digital assistants, monitors, other peripheral devices, modems, routers, and nonrecreational software, regardless of whether the accessories are used in association with a personal computer base unit.

    2. The term does not include furniture, or systems, devices, software, or other peripherals that are designed or intended primarily for recreational use.

    3. The term “monitor” does not include a device that includes a television tuner.

    4. The term “nonrecreational software” includes software such as antivirus, word processing, financial, database, and educational software. It does not include gaming software.

    (f) “Theme park or entertainment complex” means a facility as defined in s. 509.013(9), F.S.

    (g) “Public lodging establishment” means a facility as defined in s. 509.013(4), F.S.

    (h) “Airport” means a facility as defined in s. 330.27(2), F.S.

    (i) “Mail order sale” means a sale as defined in Section 212.0596(1), F.S.

    (2) Clothing Sales.

    (a) During the holiday period, no tax is due on the sale or purchase of any article of clothing, wallets, or bags, including handbags, backpacks, fanny packs, and diaper bags, but excluding briefcases, suitcases, and other garment bags, with a selling price of $60 or less per item. This exemption does not apply to sales of clothing, wallets, or bags within a theme park or entertainment complex, public lodging establishment, or airport.

    (b)1. The sales tax exemption applies to each eligible item of clothing, wallet, or bag, selling for $60 or less per item. The exemption applies regardless of how many items are sold on the same invoice to a customer.

    2. Example: A customer purchases two shirts for $50 each. Both items are eligible for the exemption, even though the customer’s total purchase price ($100) exceeds $60.

    (c)1. The exemption does not apply to the first $60 of price of an eligible item of clothing, wallet, or bag selling for more than $60.

    2. Example: A customer purchases a pair of pants costing $80. Tax is due on the entire $80.

    (3) School Supplies.

    (a)1. During the holiday period, no tax is due on the sale or purchase of any item of school supplies with a selling price of $15 or less per item. This exemption does not apply to sales of school supplies within a theme park or entertainment complex, public lodging establishment, or airport.

    2. Example: A customer purchases a set of markers for $12. The purchase qualifies for the exemption.

    3. Example: A customer purchases a calculator costing $18. Tax is due on the entire $18.

    (b)1. The sales tax exemption applies to each eligible item of school supplies selling for $15 or less per item. The exemption applies regardless of how many items are sold on the same invoice to a customer.

    2. Example: A customer purchases ten composition books for $2.50 each. All ten items will qualify for the exemption, even though the customer’s total purchase price ($25) exceeds $15.

    (4) Personal Computers and Certain Personal Computer-Related Accessories.

    (a) During the holiday period, no tax is due on the sale or purchase of any personal computer or personal computer-related accessories for noncommercial home or personal use with a selling price of $1,000 or less per item. This exemption does not apply to sales of personal computers or personal computer-related accessories within a theme park or entertainment complex, public lodging establishment, or airport.

    (b)1. The sales tax exemption applies to each eligible personal computer or qualifying personal computer-related accessory selling for $1,000 or less per item.

    2. Example: A customer purchases a $600 personal computer, a $100 printer, and a $200 tablet in a single transaction. Each item will qualify for the exemption.

    (c)1. The exemption does not apply to the first $1,000 of the price of an eligible personal computer or qualifying related accessory selling for more than $1,000.

    2. Example: A customer purchases a personal computer costing $1,200. Tax is due on the entire $1,200.

    (5) Sales of Sets Containing Both Exempt and Taxable Items.

    (a) When exempt items are normally sold together with taxable merchandise as a set or single unit, the sales price of the set or single unit is subject to sales tax.

    (b) Example: A gift set consisting of a wallet (which is defined as an eligible “clothing item”) and key chain (which is not defined as an eligible “clothing item”) is sold for a single price of $35. Although the wallet would otherwise be exempt during the holiday period, the sales price of the gift set is subject to tax.

    (c) Example: A packaged set consisting of a bottle of correction fluid (which is not defined as an eligible “school supply”) and pens (which are defined as an eligible “school supply”) is sold for a single price of $10. Although the pens would otherwise be exempt during the holiday period, the sales price of the packaged set is subject to tax.

    (6) Articles Normally Sold as a Unit.

    (a) Articles that are normally sold as a unit must continue to be sold in that manner; they cannot be separately stated and sold as individual items in order to obtain the exemption.

    (b) Example: A pair of shoes normally sells for $120. The pair of shoes cannot be split in order to sell each shoe for $60 to qualify for the exemption.

    (c) Example: A two-piece suit is normally priced at $100 on a single price tag. The suit cannot be split into separate articles so that any of the components may be sold for $60 or less in order to qualify for the exemption. However, components that are normally priced as separate articles may continue to be sold as separate articles and qualify for the exemption if the price of an article is $60 or less.

    (d) Example: A pen and pencil set is normally priced at $18 on a single price tag. The set cannot be split into separate articles so that either of the components may be sold for $15 or less in order to qualify for the exemption.

    (7) Buy One, Get One Free or for a Reduced Price.

    (a) The total price of items advertised as “buy one, get one free” or “buy one, get one for a reduced price” cannot be averaged in order for both items to qualify for the exemption.

    (b) Example: A retailer advertises pants as “buy one, get one free.” The first pair of pants is priced at $110; the second pair of pants is free. Tax is due on $110. The store cannot sell each pair of pants for $55 in order for the items to qualify for the exemption. However, the retailer may advertise and sell the items for 50 percent off, selling each pair of $110 pants for $55, making each pair eligible for the exemption.

    (c) Example: A retailer advertises shoes as “buy one pair at the regular price, get a second pair for half price.” The first pair of shoes is sold for $80; the second pair is sold for $40 (half price). Tax is due on the $80 shoes, but not on the $40 shoes. The store cannot sell each pair of shoes for $60 in order for the items to qualify for the exemption. However, a retailer may advertise the pairs for 25 percent off, thereby selling each pair of $80 shoes for $60, making each pair eligible for the exemption.

    (8) Mail Order Sales.

    (a) During the holiday period, eligible items purchased by mail order, including sales transactions over the Internet, are exempt if the order is accepted during the holiday period for immediate shipment, even if delivery is made after the holiday period.

    (b) An order is accepted by the company when action has been taken to fill the order for immediate shipment. Actions to fill an order include assigning an “order number” to a telephone order, confirming an Internet order by an email to the customer, or placing a date received on an order received by mail.

    (c) An order is considered to be for immediate shipment when delayed shipment is not requested by the customer. An order is for immediate shipment even if the shipment may be delayed because of a backlog of orders or stock is currently unavailable or on back order.

    (9) Shipping and Handling Charges.

    (a) When separately stated shipping charges are part of the sales price of the items listed on a sales invoice or receipt, the shipping charges must be proportionately allocated to each item sold to determine the total sales price of the item. The cost of each item is divided by the total cost of all the items ordered to obtain the percentage of cost that each item bears to the total order. The amount of the shipping charge applicable to each item is calculated by multiplying the total shipping charge by the percentage of cost for each item.

    (b) Example 1: A customer orders a $60 dress and a $20 shirt, for a total of $80 during the holiday period. The shipping charge is $10. The percentage of cost for the shirt is 25 percent (the ratio of shirt cost to total cost is $20 to $80; $20 divided by $80 is 25 percent). The portion of the $10 shipping charge which is allocated to the shirt is therefore $2.50, or 25 percent of $10. The percentage of cost for the dress is 75 percent (the ratio of dress cost to total cost is $60 to $80; $60 divided by $80 is 75 percent). The portion of the $10 shipping charge which is allocated to the dress is therefore $7.50, or 75 percent of $10. Once the shipping charge has been allocated, the total sales price for the shirt is $22.50 and the total sales price for the dress is $67.50. The shirt qualifies for the exemption. The dress is more than $60 and does not qualify for the exemption.

    (10) Layaway sales. A layaway sale is a transaction in which merchandise is set aside for future delivery to a customer who makes a deposit, agrees to pay the balance of the purchase price over a period of time, and receives the merchandise at the end of the payment period. Eligible items placed on layaway during the holiday period are tax exempt, even if final payment of the layaway is made after the holiday period. If a customer makes a final payment and takes delivery of the item during the holiday period, the eligible items are tax exempt.

    (11) Rain checks. Eligible items purchased during the holiday period using a rain check will qualify for the exemption regardless of when the rain check was issued. However, issuance of a rain check during the holiday period will not qualify an eligible item for the exemption if the item is actually purchased after the holiday period.

    (12) Exchanges.

    (a) If a customer purchases an eligible item during the holiday period, then later exchanges the item for the same item (different size or different color), no additional tax will be due even if the exchange is made after the holiday period.

    (b) If a customer purchases an eligible item during the holiday period, then later returns the item and receives credit on the purchase of a different item, the new item purchased is subject to tax.

    (13) Coupons, Rebates, and Discounts.

    (a)1. Manufacturer’s coupons. The sales price of an item includes all consideration received by the retailer for that item. The price of an item is not limited to the amount paid by a customer. Manufacturer’s coupons do not reduce the sales price of an item, because the retailer is reimbursed for the amount of any discount provided to a customer. Therefore, the amount of the reimbursement is included in the taxable sales price of an item.

    2. Example: A jacket sells for $65. The customer has a $10 manufacturer’s coupon good for the purchase of the jacket. The manufacturer’s coupon does not reduce the sales price of the jacket. Tax is due on $65, even though the customer only pays the retailer $55 for the jacket.

    (b)1. Store coupons and discounts. A coupon, discount, or rebate offered by the retail seller reduces the sales price of an item because it reduces the total amount received by the retail seller for the item. Therefore, a store coupon or discount can be used to reduce the sales price of a clothing item to $60 or less, a school supply item to $15 or less, or a personal computer or related accessory to $1,000 or less, to determine if or to what extent an item qualifies for the exemption.

    2. Example: A customer buys a $400 suit and a $65 shirt. The retailer is offering a 10 percent discount. After applying the 10 percent discount, the final sales price of the suit is $360, and the sales price of the shirt is $58.50. The suit is taxable (its price is over $60), and the shirt is exempt (its price is less than $60).

    (c)1. Rebates. Rebates occur after the sale and do not affect the sales price of an item purchased.

    2. Example: A jacket sells for $65. The customer receives a $10 rebate from the manufacturer. The rebate occurs after the sale, so it does not reduce the sales price of the jacket. Tax is due on $65.

    (14) Repairs or Alterations to Eligible Items.

    (a) Repairs to eligible items do not qualify for the exemption.

    (b)1. Alterations to clothing or footwear do not qualify for the exemption, even though alterations may be sold, invoiced, and paid for at the same time as the item to be altered is purchased.

    2. Example: A customer purchases a pair of pants for $55 and pays $5 to the retailer to have the pants cuffed. The $55 charge for the pants is exempt; however, tax is due on the $5 alteration charge.

    (15) Gift Cards.

    (a) Eligible items purchased during the holiday period using a gift card will qualify for the exemption, regardless of when the gift card was purchased. Eligible items purchased after the holiday period using a gift card are taxable, even if the gift card was purchased during the holiday period. A gift card does not reduce the selling price of an item.

    (b) Example: A customer purchases a dress priced at $110 and uses a $50 gift card. Tax is due on $110. The gift card does not reduce the selling price to $60 for purposes of the exemption.

    (16) Rentals. Rentals of eligible items do not qualify for the exemption.

    (17) License Fees or Other Fees imposed by Panama City and Panama City Beach.

    (a) Panama City and Panama City Beach impose a 1 percent merchant’s license fee or tax on retailers. The merchant’s license fee is included in the sales price of each item. If the fee is separately stated, it must be assigned to the sales price of each item on the invoice to determine if an item is exempt during the holiday.

    (b) Example: A jacket sells for $59.95. The separately stated 1 percent gross receipts fee for this item is $0.60. Since the gross receipts fee is part of the sales price of the item ($60.55), the jacket will not qualify for the exemption.

    (18) Option to not participate. Qualified businesses may choose not to participate in the tax holiday.

    (a) Qualification. Businesses may choose to opt out of the tax holiday when less than five percent (5%) of their gross sales of tangible personal property during calendar year 2018 are sales of items that would be exempt during the tax holiday period. Businesses with multiple locations must include the gross sales of all of their Florida locations into this calculation. For businesses that were not in operation during the 2018 calendar year, this option is available when less than five percent (5%) of the inventory of items for sale by the business are items that would be tax exempt during the tax holiday.

    (b) Election. Qualifying businesses choosing not to participate in the tax holiday must send a written notice to the Department by August 1, 2019. The notice must be on business letterhead and state that the business meets the qualifications stated in paragraph (a) and has chosen not to participate in the tax holiday. The notice must be signed by an individual authorized to sign on behalf of the business. Businesses with multiple locations may send a single notice stating that all of their Florida locations will not participate in the tax holiday. The notice may be delivered in one of three ways:

    1. A letter can be mailed to the following mailing address:

    Sales Tax Holiday

    Account Management MS 1-5730

    Florida Department of Revenue

    5050 W Tennessee St

    Tallahassee, FL 32399-0160

    2. A scanned letter can be emailed to: registration@floridarevenue.com

    3. A letter can be faxed to 850-922-0859.

    (c) Sample Notice. The notice may take any form as long as it clearly states that the business is electing not to participate in the holiday. An example of notice language is as follows: “In accordance with Section 19 of Chapter 2019-42, Laws of Florida, (Name of Business) has chosen not to participate in the Back-to-School Sales Tax Holiday, August 2-6, 2019. For questions, please contact (name of contact person at business) at (contact telephone number or email address).” The notice must be signed by an authorized individual.

    (d) Posting of Notice. Businesses that do not participate in the tax holiday must post the notice at each business location stating their choice not to participate in the Back-to-School Sales Tax Holiday. The notice must be posted in a conspicuous location where it is easily visible to customers.

    (19) List of Items of Clothing and Their Taxable Status During the Holiday Period. The following is a list of items of clothing and their taxable status during the holiday period, if they are sold for $60 or less per item. This is not an exhaustive list. T = Taxable, E = Exempt.

    A

    TAccessories (generally)

    EBarrettes and bobby pins

    EBelt buckles

    EBow ties

    EHair nets, bows, clips, and hairbands

    EHandbags

    THandkerchiefs

    TJewelry

    TKey cases

    ENeckwear

    EPonytail holders

    EScarves

    ETies

    EWallets

    TWatchbands

    TWatches

    EAerobic and fitness clothing

    EAprons and clothing shields

    TAthletic gloves

    TAthletic pads

    EAthletic supporters

     

    B

    EBaby clothes

    EBackpacks and bookbags

    EBandanas

    EBaseball cleats

    EBathing suits, caps, and cover-ups

    EBelts

    EBibs

    EBicycle helmets (youth)**

    EBlouses

    EBoots (except ski or fishing boots)

    EBowling shoes (purchased)

    TBowling shoes (rented)

    E*Braces and supports worn to correct or alleviate a physical incapacity or injury

    EBras

    TBriefcases

     

    C

    TCheckbook covers (separate from wallets)

    TChest protectors

    E*Choir and altar clothing

    ECleated and spiked shoes

    E*Clerical vestments

    TCloth and lace, knitting yarns, and other fabrics

    TClothing repair items, such as thread, buttons, tapes, iron-on patches, or zippers

    ECoats

    ECoin purses

    TCorsages and boutonnieres

    TCosmetic bags

    ECostumes

    ECoveralls

    TCrib blankets

     

    D-E

    EDiaper bags

    EDiapers, diaper inserts (adult and baby, cloth or disposable)

    TDiving suits (wet and dry)

    EDresses

    TDuffel bags

    TElbow pads

     

    F

    EFanny packs

    TFins

    TFishing boots (waders)

    EFishing vests (nonflotation)

    TFootball pads

    EFormal clothing (purchased)

    TFormal clothing (rented)

     

    G

    TGarment bags

    EGloves (generally)

    TBaseball

    TBatting

    TBicycle

    EDress (purchased)

    EGarden

    TGolf

    THockey

    ELeather

    TRubber

    TSurgical

    TTennis

    EWork

    TGoggles (except *prescription)

    EGraduation caps and gowns

    EGym suits and uniforms

     

    H

    THard hats

    EHats and caps

    THelmets (bicycle**, baseball, football, hockey, motorcycle, sports)

    EHosiery, including support hosiery

    EHunting vests

     

    I-J

    TIce skates

    TIn-line skates

    EJackets

    EJeans

     

    K

    TKey chains

    TKnee pads

     

    L

    ELab coats

    ELeggings, tights, and leg warmers

    ELeotards

    TLife jackets and vests

    ELingerie

    TLuggage

     

    M-N

    TMake-up bags

    EMartial arts attire

     

    O-P

    EOvershoes and rubber shoes

    TPads (football, hockey, soccer, elbow, knee, shoulder)

    TPaint or dust masks

    EPants

    TPatterns

    TProtective masks (athletic)

    EPurses

     

    R

    ERaincoats, rain hats, and ponchos

    EReceiving blankets

    E*Religious clothing

    TRented clothing (including uniforms, formal wear, and costumes)

    TRepair of wearing apparel

    ERobes

    TRoller blades

    TRoller skates

     

    S

    ESafety clothing

    TSafety glasses (except *prescription)

    ESafety shoes

    EScout uniforms

    TShaving kits/bags

    EShawls and wraps

    TShin guards and padding

    EShirts

    EShoe inserts and insoles

    EShoes (including athletic)

    EShoulder pads (e.g., dresses, jackets)

    TShoulder pads (e.g., football, hockey)

    EShorts

    TSki boots (snow)

    TSki vests (water)

    ESki suits (snow)

    TSkin diving suits

    ESkirts

    ESleepwear (nightgowns and pajamas)

    ESlippers

    ESlips

    ESocks

    TSuitcases

    ESuits, slacks, and jackets

    TSunglasses (except *prescription)

    ESuspenders

    ESweatbands

    ESweaters

    TSwimming masks

    ESwim suits and trunks

     

    T

    ETies (neckties, bow ties)

    ETuxedos (excluding rentals)

     

    U

    TUmbrellas

    EUnderclothes

    EUniforms (work, school, and athletic - excluding pads)

     

    V-W

    EVests

    TWeight-lifting belts

    TWigs

    * These items are always exempt as religious, prescription, prosthetic, or orthopedic items.

    ** Bicycle helmets marketed for use by youth are always exempt from sales tax.

    (20) List of School Supplies and Their Taxable Status During the Holiday Period. The following is a list of school supplies and their taxable status during the holiday period if they are sold for $15 or less per item. T = Taxable, E = Exempt.

    EBinders

    TBooks not otherwise exempt

    ECalculators

    ECellophane (transparent) tape

    EColored pencils

    ECompasses

    EComposition books

    EComputer disks (blank CDs only)

    TComputer paper

    EConstruction paper

    TCorrection tape, fluid, or pens

    ECrayons

    EErasers

    EFolders

    EGlue (stick and liquid)

    EHighlighters

    ELegal pads

    ELunch boxes

    EMarkers

    TMasking tape

    ENotebook filler paper

    ENotebooks

    EPaste

    EPencils, including mechanical and refills

    EPens, including felt, ballpoint, fountain, highlighters, and refills

    EPoster board

    EPoster paper

    TPrinter paper

    EProtractors

    ERulers

    EScissors

    EStaplers

    EStaples

    (21) List of Personal Computers and Related Accessories and Their Taxable Status During the Holiday Period. The following is a list of personal computers and related accessories, and their taxable status during the holiday period if they are sold for $1,000 or less per item. This is not an inclusive list. T = Taxable, E = Exempt.

    TBatteries (regular)**

    ECables for computers

    ECar adaptors for laptop computers

    TCases for electronic devices (including electronic reader covers)

    TCDs/DVDs (music, voice, pre-recorded items)

    TCellular telephones (including smart telephones)

    ECentral processing units (CPU)

    ECompact disk drives

    EComputer for noncommercial or personal use

    EDesktop

    ELaptop

    ETablet

    TComputer bags

    EComputer batteries

    TComputer paper

    EComputer towers consisting of a central processing unit, random-access memory and a storage drive

    TComputers designed/intended for recreation (games and toys)

    TCopy machines and copier ink/toner

    EData storage devices (excludes those devices designed for use in digital cameras or other taxable items)

    EBlank CDs

    EDiskettes

    EFlash drives

    EJump drives

    EMemory cards

    EPortable hard drives

    EStorage drives

    EThumb drives

    EZip drives

    TDigital cameras

    TDigital media receivers

    EDocking stations (designed for a computer)

    EElectronic book readers

    TFax machines (standalone)

    TFurniture

    TGame controllers (e.g., joy sticks, nunchucks)

    TGame systems and consoles

    TGames and gaming software

    EHard Drives

    EHeadphones (including “ear buds”)

    EInk cartridges (for computers)

    EKeyboards (for computers)

    EMice (mouse devices)

    EMicrophones (built-in computers)

    EModems

    EMonitors (except devices that include a television tuner)

    EMotherboards

    TMP3 players or accessories

    EPersonal digital assistant devices (except cellular telephones)

    EPort replicators

    EPrinter cartridges

    EPrinters (including “all-in-one” models)

    TProjectors

    ERAM - random access memory

    TRented computers or computer accessories

    ERouters

    EScanners

    TSmart telephones

    ESoftware (nonrecreational)

    EAntivirus

    EDatabase

    EEducational

    EFinancial

    EWord processing

    ESpeakers (for computers)

    EStorage drives (for computers)

    TSurge protectors

    ETablets

    TTablet cases or covers

    TTelevisions (including digital media receivers)

    TVideo game consoles

    EWeb cameras

    ** Batteries for use in prosthetic or orthopedic appliances are always exempt from tax.

    Rulemaking Authority 212.17(6), 212.18(2), 213.06(1), (2) FS, Section 19 of Chapter 2019-42, L.O.F. Law Implemented 95.091, 212.02(16), 212.05, 212.0596, 212.06, 212.13, 213.35, 215.26(1), 330.27(2), 509.013(4), (9) FS, Section 19 of Chapter 2019-42, L.O.F. History-New 06-19-19.

     

    THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

    EFFECTIVE DATE: 06/19/2019

     

Document Information

Subject:
The Legislature expressly authorized the promulgation of an emergency rule to administer the provisions of Section 19 of Chapter 2019-42, Laws of Florida, which specify a period during which the sales of certain clothing and school supplies are exempt from sales and use tax. Additionally, an emergency rule is the most expedient and appropriate means of notifying dealers and taxpayers of the provisions of Section 19 of Chapter 2019-42, Laws of Florida.
Summary:
Emergency Rule 12AER19-04 notifies the general public and retailers of the exemption during the period August 2, 2019, through August 6, 2019, for sales of clothing, wallets, or bags having a selling price of $60 or less per item, sales of school supplies having a selling price of $15 or less per item, and personal computers and personal computer-related accessories selling for $1,000 or less per item.
Purpose:
Section 19 of Chapter 2019-42, Laws of Florida, authorizes the Department of Revenue to promulgate emergency rules to implement the provisions of the law specifying a period during which the sale of certain clothing. school supplies, and personal computers and personal computer-related accessories are exempt from sales and use tax. The law provides that conditions necessary for an emergency rule have been met. The promulgation of this emergency rule ensures that the public is notified in the ...
Contact:
Danielle Boudreaux, Technical Assistance and Dispute Resolution, Department of Revenue, P.O. Box 7443, Tallahassee, Florida 32314-7443, telephone 850-717-7082.