BCPAO - Tangible Property

Tangible Personal Property |

Tangible Personal Property includes any equipment, furniture, fixtures, tools, signs, machinery or supplies used in a business or for a commercial purpose, other than inventory, real estate and most licensed vehicles. Exceptions to the licensed vehicle category that are taxable include equipment mounted on licensed vehicles or vehicles that have a primary use as a tool rather than as a hauling device. Examples include items such as rubber-tired cranes, tree spades, cooking and cooling equipment on ice cream trucks and snack wagons, well drilling equipment, and carpet cleaning equipment.

Furnishings and appliances (stoves and dishwashers including built-ins, drapes, blinds, ceiling fans, window air conditioners, etc.) in a rental property, owned by the real property owner are also subject to the tangible personal property assessment. Tenant owned items are not assessed to the real property owner.

January 1: Date of assessment - Personal property returns mailed.
January 1 to March 1: Widow, widower and disability applications taken for tangible manufactured home improvements (you must reside in Florida as of January 1 of the tax year to qualify).
April 1: Filing deadline for personal property returns to avoid penalties.
August: Notices of proposed property tax mailed.
September: Deadline to file Value Adjustment Board petition.
November: Tax bills sent by Tax Collector.
March 31: Deadline to request an extension to file a Tangible Personal Property tax return.

File by Mail: Filers can download forms or pick them up at one of our offices, fill them out, and mail them in along with all required documentation.
File in Person: Filers can visit our Titusville office where a specialist will assist them in filing their Tangible Personal Property returns.

Questions & Answers |

Any attachments made to manufactured homes including skirting in rental parks are assessed as tangible personal property. The manufactured home may also be considered tangible personal property if it does not have a current decal indicating payment of the vehicle registration fee. A tangible personal property return is required to be filed for these properties.

Any property owner, firm or corporation owning tangible personal property is required to file a tangible personal property tax return with the Property Appraiser's Office. The Property Appraiser also requires that all personal property used be shown on the return, even if someone owns it other than the business. This information should be provided in the leased, loaned, and rented equipment section of the tangible personal property tax return. All tangible personal property must be reported on or before April 1^st each and every year to avoid penalties. In the absence of a return, an estimate must be made.

Section 193.052, Florida Statues, requires that all tangible personal property be reported each year to the Property Appraiser's Office. If you receive a return by mail, it is because our office has determined that you have property to report. If you think the form is not applicable, please return it with an explanation. Either way, the form MUST be returned. Failure to receive a Personal Property Tax Return (FormDR-405) does not relieve you of your obligation to file.

In addition to being available at ourofficesandon our website, a return is mailed to tangible personal property owners of record at the beginning of each year. If you do not receive one, contact the Property Appraiser's Office.

(1) Each tangible personal property tax return is eligible for an exemption from ad valorem taxation of up to $25,000 of assessed value. A single return must be filed for each site in the county where the owner of tangible personal property transacts business. Owners of freestanding property placed at multiple sites, other than sites where the owner transacts business, must file a single return, including all such property located in the county. Freestanding property placed at multiple sites includes vending and amusement machines, LP/propane tanks, utility and cable company property, billboards, leased equipment, and similar property that is not customarily located in the offices, Stores, or plants of the owner, but is placed throughout the county. Railroads, private carriers, and other companies assessed pursuant to s. 193.085 shall be allowed one $25,000 exemption for each county to which the value of their property is allocated. The $25,000 exemption for freestanding property placed at multiple locations and for centrally assessed property shall be allocated to each taxing authority based on the proportion of just value of such property located in the taxing authority; however, the amount of the exemption allocated to each taxing authority may not change following the extension of the tax roll pursuant to s. 193.122.

(2) For purposes of this section, a "site where the owner of tangible personal property transacts business" includes facilities where the business ships or receives goods, employees of the business are located, goods or equipment of the business are Stored, or goods or services of the business are produced, manufactured, or developed, or similar facilities located in offices, Stores, warehouses, plants, or other locations of the business. Sites where only the freestanding property of the owner is located shall not be considered sites where the owner of tangible personal property transacts business.

(3) The requirement that an annual tangible personal property tax return pursuant to s. 193.052 be filed for taxpayers owning taxable property the value of which, as listed on the return, does not exceed the exemption provided in this section is waived. In order to qualify for this waiver, a taxpayer must file an initial return on which the exemption is taken. If, in subsequent years, the taxpayer owns taxable property the value of which, as listed on the return, exceeds the exemption, the taxpayer is obligated to file a return. The taxpayer may again qualify for the waiver only after filing a return on which the value as listed on the return does not exceed the exemption. A return filed or required to be filed shall be considered an application filed or required to be filed for the exemption under this section.

(4) Owners of property previously assessed by the Property Appraiser without a return being filed may, at the option of the Property Appraiser, qualify for the exemption under this section without filing an initial return.

(5) The exemption provided in this section does not apply in any year a taxpayer fails to timely file a return that is not waived pursuant to subsection (3) or subsection (4). Any taxpayer who received a waiver pursuant to subsection (3) or subsection (4) and who owns taxable property the value of which, as listed on the return, exceeds the exemption in a subsequent year and who fails to file a return with the Property Appraiser is subject to the penalty contained in s. 193.072(1)(a) calculated without the benefit of the exemption pursuant to this section. Any taxpayer claiming more exemptions than allowed pursuant to subsection (1) is subject to the taxes exempted as a result of wrongfully claiming the additional exemptions plus 15 percent interest per annum and a penalty of 50 percent of the taxes exempted. By February 1 of each year, the Property Appraiser shall notify by mail all taxpayers whose requirement for filing an annual tangible personal property tax return was waived in the previous year. The notification shall state that a return must be filed if the value of the taxpayer's tangible personal property exceeds the exemption and include the penalties for failure to file such a return.

(6) The exemption provided in this section does not apply to a mobile home that is presumed to be tangible personal property pursuant to s. 193.075(2).

History.--s. 8, ch. 2007-339; s. 9, ch. 2008-173.

1Note.--

A. Section 15, ch. 2007-339, provides in part that "[t]his act shall take effect upon becoming a law, except that . . . [s. 196.183] shall apply retroactively to the 2008 tax roll."

B. Section 1, ch. 2007-339, provides that:

(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act.

(2) In anticipation of implementing this act, the executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of making necessary changes and preparations so that forms, methods, and data records, electronic or otherwise, are ready and in place if sections 3 through 9 and sections 10, 12, and 14 . . . of this act become law.

(3) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 18 months after the date of adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject of the emergency rules.

C. Section 18, ch. 2008-173, provides that "[e]xcept as otherwise expressly provided in this act, this act shall take effect [June 17, 2008,] and applies to the 2008 and subsequent tax rolls.

D. Section 13, ch. 2008-173, provides that:

(2) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 18 months after the date of adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject of the emergency rules.

If, as of January 1 of each year, the value of your TPP is $25,000 or less, your account will be exempt and therefore, exempting you from filing theDR-405 . This waiver will remain in effect as long as the value of your TPP remains at $25,000 or less. If you do not receive a waiver from this office, theDR-405 must be completed.Contact Usfor any questions.

If your value exceeds $25,000, you must file the requiredDR-405 , TPP tax return by April 1st. Value increases may be due to the addition of newly acquired tangible personal property during the prior year.

Failure to file a return will result in the loss of your tangible exemption and a 25% penalty will be assessed pursuant to section 193.072, F.S.

If you claim more exemptions than allowed, you will be assessed for the amount of taxes exempted, plus 15% interest and a 50% penalty of the taxes exempted.

All returns must be sent back. If you have more than one location, the assets of each should be listed separately on each return.

Even if you think you have nothing to report, fill out items 1 through 9 on the return, 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.

Yes. If you were in business on January 1 of the tax year, follow these steps:

On your return, indicate the date you went out of business and the manner in which you disposed of your business assets. Remember, if you still have the assets, you must file on these items.
Sign and date the return.
Mail or bring the return to this office

Whether fully depreciated in your accounting records or not, all property still in use or in your possession should be reported.

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.

Section 193.072, Florida Statutes provides for the following penalties for failing to file, or improper or late filing of a tangible personal property return:

Failure to file: 25% Penalty
Filing after due date: 5% per month late, up to 25%
Failing to properly file: 15% of corrected value

This failure to file a return or to otherwise properly submit the tangible personal property for taxation does not relieve the taxpayer of any requirement to pay all tax assessed against the tangible personal property.

Yes, Section 193.063, Florida Statutes, provides for an extension of the date for filing tangible personal property tax returns. The Property Appraiser shall grant a 30-day extension for the filing of tangible personal property tax returns and may, at her or his discretion, grant an additional 15-day extension for the filing of tangible personal property tax returns. Due to a reduction in workforce, no extensions beyond 30 days will be granted. A request for extension must be made in time for the Property Appraiser to consider the request and act on it before the regular due date of the return. However, a Property Appraiser may not require that a request for extension be made more than 10 days before the due date of the return. A request for extension, at the option of the Property Appraiser, shall include any or all of the following: the name of the taxable entity, the tax identification number of the taxable entity, and the reason a discretionary extension should be granted.

Please contact the Tangible Personal Property Department for current request information and format.

In mid-August, the owner of record will receive a notice of proposed property tax covering tangible personal property. If you disagree with our assessment, call this office or come in and discuss the matter with us. If you have evidence that the appraised value is more than the actual fair market value of your property, we will welcome the opportunity to review all the pertinent facts. After talking with us, if you still think the same, you may file a petition to have the matter reviewed by the Value Adjustment Board.

File the original return furnished by this office (with name, account number and bar code preprinted) as soon as possible before April 1. Be sure to sign and date your return.

Work with your accountant or C.P.A. to identify any equipment that may have been "Physically Removed." List those items in the appropriate space on your return.

If you have an asset listing or depreciation schedule that identifies each piece of equipment, attach it to the completed return.

Do not use vague terms such as "various" or "same as last year".

It is to your advantage to provide a breakdown of assets since depreciation on each item may vary.

Please include your estimate of fair market value and the original cost of the item on your return. These are important considerations in determining an accurate assessment.

Look for additional information concerning filing within the instructional section of the return itself.

If you sell your business, go out of business, or move to a new location, please inform this office promptly. This will enable us to keep timely, accurate records.