If you've overpaid your commercial rent tax in Florida due to unadjusted tax rates or errors, you may be entitled to recover those funds. At the Law Offices of Aaron Resnick, we specialize in helping businesses identify overpayments, review lease agreements, and, if necessary, litigate to recover owed amounts. This blog provides an overview of how our experienced team can assist you in reclaiming your money.

Did Your Business Overpay Florida Rent Tax?

Florida imposes a commercial rent tax on businesses leasing property. Recent changes have significantly reduced this tax rate:

• January 1, 2018: Reduced from 6% to 5.8%

• January 1, 2019: Reduced from 5.8% to 5.7%

• January 1, 2020: Reduced from 5.7% to 5.5%

• January 1, 2021: Reduced from 5.5% to 5.4%

• April 1, 2022: Reduced to 5.5%

• January 1, 2023: Reduced to 2%

Causes of Tax Overpayment

You or Your Florida Business may be Owed Substantial Money for Overpayments To Your Commercial Landlord.

• Unadjusted Tax Rates: Landlords failing to adjust the rent to reflect the lower tax rates.

• Billing Errors: Mistakes in calculating rent payments.

• Misinterpretation of Lease Terms: Misunderstanding lease provisions related to tax payments.

Impact of Overpayments

Overpaying rent can place a financial burden on your business, affecting cash flow and limiting growth opportunities. It's crucial to identify and recover these overpayments promptly.

Commercial Lease Review

How We Can Help- Comprehensive Lease Review

Our Real Estate Attorneys will:

1. Examine Lease Terms: Analyze your lease to identify provisions related to rent tax.

2. Compare Payment History: Ensure your payments align with the applicable tax rates.

3. Identify Errors: Spot any billing mistakes or discrepancies and compute an approximate amount on how much you may be owed.

If Necessary, We Will Communicate with Your Landlord and We Will:

• Initiate Contact: Communicate with your landlord to discuss the issue.

• Provide Documentation: Present evidence of overpayments.

• Request Refund or Credit: Formally request the return of overpaid amounts or a credit towards future rent.

Negotiation and Settlement

• Advocacy: Strongly advocating for your right to recover overpayments.

• Settlement Agreements: Drafting legally binding agreements to ensure your interests are protected.

Litigation

• Filing a Lawsuit: Initiate legal action to recover overpaid rent.

• Court Representation: Provide robust representation in court.

• Full Recovery: Aim to recover overpaid amounts, including interest and legal fees.