Enlarge image | DR-26SN Instructions - Application for Refund R. 01/24 TC 02/24 Sales and Use Tax Rule 12-26.008, F.A.C. Effective 01/24 Page 1 of 7 Did you Know? You may begin the refund process by completing the application online. Florida law requires that refund applications be supported with sufficient information and documentation to determine eligibility and the refund amount due. Form DR-26SN (Instructions – Application for Refund Sales and Use Tax) provides the information and documentation required for some common refund claims. Use Form DR-26S when requesting a refund for: • Sales and Use Tax • Exemptions by Refund: • County Discretionary Sales Surtax - Building Materials Used in Construction of • Amusement Machine Certificate Fees Affordable Housing Units • Transient Rental Tax Paid to the Department - Community Contribution Tax Credit • Solid Waste Fees - Florida Neighborhood Revitalization Program - Battery Fees - Motor Vehicle Warranty Repurchase or - Rental Car Surcharge Replacement (Lemon Law) - New Tire Fees - New/Expanding Business Equipment - Gross Receipts Tax on Dry Cleaning - Florida Rural Areas of Opportunity • Prepaid Wireless Fee You may choose to submit the required information and documentation electronically instead of providing paper copies. Contact Refunds at (850) 617-8585 for more information. Upon receipt, the Department will review your application and the supporting information and documentation. You will be notified if additional information or documentation is needed. Once your application contains all information and documentation needed by the Department to determine eligibility and the amount of the refund claim due, your refund claim will be processed. All applications for refund must contain: • A detailed explanation of how the refund amount was computed; • The specific reason(s) for the refund request; • The dates when the overpayment or payment in error occurred; and • Sufficient information and documentation for the Department to determine eligibility for the refund and the amount of the refund claim due. The following instructions contain the information and documentation required for some common refund claims. Amended Replacement Return Certificate, Florida Consumer’s Exemption Certificate, • A copy of the original sales and use tax return. Direct Pay Authority issued by the Department, or • A copy of the amended replacement sales and use tax other Exemption Certificate or Affidavit). return. - A copy of the accounting records substantiating the • A copy of the source documents indicating the amount of amount of tax reported and paid to the Department. Florida tax billed to the purchaser (invoices, bills of sale, - A copy of the evidence that sales tax was collected leases, or contracts). and subsequently refunded to the customer (a copy of • A copy of the accounting records substantiating the the customer’s payment history; a copy of the front amount of tax reported and paid to the Department and and back of the cancelled check refunding customer’s the amount of the overpayment. payment; a copy of a credit memo issued to the • If tax was collected and paid on a tax-exempt sale: customer). - A copy of the documentation required to exempt the sale (copy of the customer’s Annual Resale |
Enlarge image | DR-26SN R. 01/24 Page 2 of 7 - A copy of the accounting records substantiating that the tax was paid to the Department, the amount of the any tax refunded or credited to the customer did not original sale and the amount of the applicable tax, and reduce the amount of tax reported and paid to the the date of the journal entry writing off the bad debt for Department on subsequent returns. federal income tax purposes. • A copy of the journal entry for the bad debt write-off for Audit, Self-Audit, Voluntary Disclosure, Stipulation federal income tax purposes. Payment, or Overpayments of Billings, Penalties, • A copy of the payment history for each customer’s account for the time period during which the debt was or Tax Warrants • The case number, business partner number, tax account incurred, the debt became worthless, and the debt was number, or any other number used to identify the written off for federal income tax purposes. overpayment. • A copy of documents indicating the amount of the • A copy of the notice or agreement under which the original sale and the Florida tax billed to the purchaser overpayment occurred: (e.g., invoices, bills of sale, leases, or contracts). - Notice of Proposed Assessment (DR-831). • A copy of the accounting records substantiating that the - Self-Audit Worksheet and Report, including tax was reported and paid to the Department. supporting documentation. • A copy of the applicable sales and use tax returns. - Voluntary Disclosure, including supporting documentation. Building Materials Used in Construction of - Stipulation Time Payment Agreement. Affordable Housing Units - Notice of Amount Due. • Form DR-26AH, Building Materials Used in • A copy of the documentation evidencing payment (e.g., Construction of Affordable Housing Units - Application the electronic payment confirmation number, a copy of for Refund of Sales and Use Tax, dated and signed by the front and back of your cancelled check, or a copy of the applicant; and, the bank statement(s) indicating the payment). • The documentation required with Form DR-26AH. • If applicable, a copy of the tax return for which the Notice of Amount Due was issued. Private-Label Credit Card Program Bad Debts • If applicable, a written request for a waiver or reduction For purchases made through a private-label credit card of the penalties assessed, including any necessary program, the dealer may take a credit or obtain a refund for documentation to support the request. the tax remitted by the dealer on the unpaid balance due on consumer accounts or receivables found to be worthless. Bad Debt The credit or refund must be claimed within 12 months You must file this application with the Department after the month in which the bad debt is charged off by the within 12 months after tax paid on bad debts has been lender for federal income tax purposes. The dealer must charged off for federal income tax purposes. use: • An apportionment method; or A dealer who reported and paid sales tax on the sale of • A percentage derived from a sampling of the dealer’s items or services may take a credit or obtain a refund or lender’s records according to a methodology agreed for any tax paid on the unpaid balance due on worthless upon by the Department and the dealer. accounts within 12 months following the month in which the See section 212.17, F.S. bad debt is charged off for federal income tax purposes. Community Contribution Tax Credit The dealer must substantiate: • A copy of the donation approval letter issued by the • the original amount of tax paid; Florida Department of Commerce • the amount of the bad debt and the applicable tax amount of the bad debt; and A community contribution tax credit against sales • that the tax refund is applied for within the time and use tax must be claimed as a refund of sales and established by section 212.17(3), Florida Statutes (F.S.). use tax reported and paid on tax returns filed with the See Rule 12A-1.012, Florida Administrative Code Department within the 12 months preceding the date of (F.A.C.) the application for refund. Only one application may be filed in any 12-month period. Include the following with your application: Duplicate Payments to the Department • Schedule of bad debts written off for federal income A copy of documentation evidencing the duplicate tax purposes, including the name of the purchaser, the payments (e.g., the electronic payment confirmation date of the original sale, the original taxable amount, numbers, a copy of the front and back of your cancelled the original Florida tax collected, the tax return on which checks, or a copy of the bank statement(s) indicating the duplicate payments). |
Enlarge image | DR-26SN R. 01/24 Page 3 of 7 Estimated Tax • The information and documentation required on Individual Account Form DR-26RP. • A copy of the sales and use tax returns (DR-15s) for the periods during which the overpayment occurred and for You must file this application, Form DR-26RP (Florida the period prior to the overpayment. Neighborhood Revitalization Program Application • If the business location is closed, a copy of the final for Sales and Use Tax), and the required information sales and use tax return. and documentation with the Department within 6 months after the date the qualified single-family home, Consolidated Accounts housing project, or mixed-use project is deemed to be • A copy of sales and use tax returns (DR-15s and substantially complete by the local building inspector. DR-7s for all locations) for the periods during which the overpayment occurred and for the period prior to the Florida Rural Areas of Opportunity overpayment. • Form RAO, Rural Areas of Opportunity Application for • If the business location is closed, a copy of the final Certification - Exempt Goods and Services Sales Tax sales and use tax return. Refund, dated and signed by the applicant and the Florida Department of Commerce. Exempt Sales • A copy of the approval letter issued by the Florida If you collected and paid tax to the Department on Department of Commerce. tax-exempt sales: See section 212.08(5)(q), F.S. • A copy of the sales and use tax return on which the tax was paid on the exempt sale. You must file this application, Form RAO (Rural Areas • A summary listing each invoice claimed, with the amount of Opportunity Application for Certification - Exempt of sales tax paid and the amount to be refunded. Goods and Services Sales Tax Refund) approved • A copy of the accounting records substantiating the and signed by the Florida Department of Commerce, amount of tax reported and paid on the sales and use and the Florida Department of Commerce approval tax return. letter with the Department within 6 months after the • A copy of the documentation required to exempt the sale date the qualified new construction is deemed to be (a copy of the customer’s Annual Resale Certificate, substantially complete by the local building inspector, Florida Consumer’s Exemption Certificate, or Direct Pay or by November 1 of the year the new construction Authority issued by the Department, or an exemption is first subject to assessment for ad valorem tax certificate based on the use of the property provided by purposes. the purchaser). • A copy of the evidence that sales tax was collected and Machinery and Equipment Used in New or subsequently refunded to the customer (e.g., a copy Expanding Businesses of the customer’s exemption certificate; copy of the • A copy of the New and Expanding Business customer’s payment history; a copy of the front and back Determination Letter issued by the Department. of the cancelled check refunding customer‘s payment; or • If applicable, a copy of the Temporary Tax Exemption a copy of the credit memo issued to the customer). Permit issued by the Department. • A copy of the accounting records substantiating that any tax refunded or credited to the customer did not reduce Mobile Homes the amount of tax reported and paid to the Department Purchase of a Mobile Home as Real Property on a subsequent return. The sale or transfer of a mobile home which bears an “MH” decal issued by the Department of Highway Safety and If you paid tax to a dealer on a tax-exempt sale: Motor Vehicles is subject to tax. The sale or transfer of a • Evidence the sales tax was paid to the dealer. mobile home and land sold together is not subject to sales • Form DR-26A, Assignment of Rights to Refund of Tax, tax, provided that the seller owned both the mobile home issued by the selling dealer. and the land and that the mobile home bore an “RP” decal • A copy of the documentation required to exempt the sale at the time of sale. “RP” decals are issued by your county (a copy of the customer’s Annual Resale Certificate, tax collector. Florida Consumer’s Exemption Certificate, Direct Pay Authority issued by the Department, or an Exemption To receive a refund of Florida sales tax paid on a Certificate or Affidavit). mobile home sold with land, the purchaser must timely file an application for refund and provide the following Florida Neighborhood Revitalization Program documentation to the Department to substantiate the refund • Form DR-26RP, Florida Neighborhood Revitalization claim: Program Application for Sales and Use Tax, dated and signed by the applicant; and |
Enlarge image | DR-26SN R. 01/24 Page 4 of 7 • A copy of the evidence that the seller owned both the appurtenance separately described (copy of the bill of land and the mobile home (copy of title of the mobile sale, invoice, or other tangible evidence of sale; copy home and the deed to the land on which the mobile of the cancelled check for purchase of the mobile home home is permanently affixed). and appurtenances). • A copy of the evidence that the county property • A copy of the evidence of the Florida sales tax paid on appraiser assessed the property and the mobile home the sale price of the mobile home and the appurtenances as real property prior to or at the time of sale (copy of to the county tax collector or private tag agency (a copy the certificate issued by the property appraiser stating of the mobile home registration and the cancelled check that the mobile home is included in the assessment of paying the sales tax and registration and license fees). the property on which the mobile home is permanently • Form DR-26A, Assignment of Rights to Refund of Tax, affixed) or evidence that an “RP” decal was issued for when the sales tax was paid to a private tag agency. the mobile home prior to or at the time of sale. • A copy of the evidence of the sale or purchase price Motor Vehicles of the mobile home and land and the sales tax on the Any business or individual who has paid Florida sales or mobile home (copy of the purchase contract and closing use tax to a county tax collector that was not due may statement and the cancelled check for payment required apply for a refund with the Department. If sales tax was by the purchase contract). paid to a dealer or to a private tag agency, the refund • If applicable, a copy of the evidence of the Florida sales must be requested from the dealer or private tag agency; tax paid on the sales price of the mobile home to the however, when the dealer or private tag agency issues a county tax collector or private tag agent (copy of the Form DR-26A, Assignment of Rights to Refund of Tax, the mobile home registration and the cancelled check paying business or individual may request a refund directly from the sales tax and registration and license fees). the Department. • Form DR-26A, Assignment of Rights to Refund of Tax, when the sales tax was paid to a dealer or to a private Vehicles Exported from Florida tag agency. Florida sales tax does not apply to the sale of a motor vehicle that is irrevocably committed to the exportation Appurtenances to Mobile Homes by Persons Not process at the time of sale. No refund will be issued for in the Business of Selling Mobile Homes Florida sales tax paid on a motor vehicle delivered to the Appurtenances that are sold in conjunction with a mobile purchaser or his or her representative in Florida, even home bearing an “MH” decal, such as carports, sunrooms, though the vehicle is later exported from Florida. utility sheds, furniture, freezers, refrigerators, drapes, or air conditioner compressor/condenser units located outside the The purchaser must establish that the selling dealer was mobile home, are not subject to tax when: required by the terms of the sales contract to deliver the • Each appurtenance is separately described and priced property to a carrier, licensed customs broker, or forwarding on an invoice, bill of sale, or other tangible evidence of agent for final movement of the property to a destination sale; and located outside Florida, and that the purchaser • The sale is made by any person who is not in the did not take possession of the motor vehicle in Florida. business of selling mobile homes. Include the following with your application: • A copy of the sales contract. When the charge for an appurtenance is not separately • A copy of common carriers’ receipts, bills of lading, described or priced from the charge for the mobile home, or similar documentation that evidences the delivery the total consideration paid for the mobile home and the destination. appurtenance is subject to tax. The internal plumbing, • If applicable, a copy of an export declaration, receipts heating, air conditioning, electrical systems, and attached from a licensed customs broker, or other proof of export items, such as built-in ovens, built-in dishwashers, hot signed by a customs officer. water heaters, and built-in furniture, are considered a part of the mobile home and are subject to tax when sold Vehicles Purchased by Residents of Another State with the mobile home, even when separately itemized Florida law allows a partial exemption for a motor vehicle on an invoice, bill of sale, or other tangible evidence of purchased by a resident of another state. The Florida tax sale. When Florida sales tax is paid on furnishings or due is the amount of sales tax that would be imposed by attachments to a mobile home purchased from a person the purchaser’s home state if the vehicle were purchased in not in the business of selling mobile homes, the purchaser that state, not to exceed the Florida state sales tax rate. A may file this application for refund with the Department. list of each state’s rate is published in an annual Taxpayer Include the following with your application: Information Publication and posted to the Department’s • A copy of the evidence of the sale or purchase price of website. the mobile home and the sale or purchase price of each |
Enlarge image | DR-26SN R. 01/24 Page 5 of 7 To qualify for the partial exemption, the nonresident paid in another state (a copy of another state’s vehicle purchaser must complete an Affidavit for Partial Exemption registration and payment of tax, and a copy of the of Motor Vehicle Sold to a Resident of Another State cancelled check(s) paying the tax and registration fees). (Form DR-123), declaring his or her intent to license the • A copy of the evidence of the Florida use tax paid when vehicle in his or her home state within 45 days of the date registering the vehicle in Florida (a copy of the Florida of sale. The completed form must be provided to the selling Vehicle Registration and the cancelled check paying the dealer at the time of sale, or to the county tax collector tax and registration and license fees). or licensed private tag agency when the nonresident • Form DR-26A, Assignment of Rights to Refund of Tax, purchaser applies for a temporary license plate. when the tax was paid to a private tag agency. When a nonresident purchaser pays Florida state sales Motor Vehicle Warranty Repurchase or Replacement tax in an amount that exceeds the state tax due on motor (Lemon Law) vehicles in the nonresident purchaser’s state of residence, When a manufacturer repurchases the motor vehicle under the nonresident purchaser may receive a refund. When the motor vehicle sales warranty requirements of section applying to the Department, include the following with your 681.104, F.S., the manufacturer may seek a refund of the application: amount of Florida sales tax and surtax refunded by the • A copy of the evidence of the sale or purchase price of manufacturer to the consumer, lien holder, or lessor. the motor vehicle and the amount of Florida sales tax Include the following with your application: paid (a copy of the bill of sale and the cancelled check • A copy of the sales invoice issued by the seller which for purchase of the vehicle). affirmatively demonstrates payment of Florida tax on the • A copy of the evidence of the payment of Florida sales purchase of the motor vehicle. tax when obtaining a temporary Florida license tag • A copy of the written agreement repurchasing the motor (a copy of the Florida Vehicle Registration and the vehicle. cancelled check paying the license fees). • A copy of documentation which evidences that the • A copy of the evidence of the registration of the vehicle manufacturer refunded the Florida tax to the consumer, issued by the purchaser’s home state (a copy of the lien holder, or lessor. home state’s vehicle registration). • A copy of the completed Affidavit for Partial Exemption Real Property Leases of Motor Vehicle Sold to a Resident of Another State • A copy of the lease, sublease, and addendum. (Form DR-123) provided to the selling dealer, county tax • A copy of the accounting records substantiating the collector, or private tag agency at the time of purchase or Florida tax reported and paid on the sales and use tax when registering the vehicle. return. • Form DR-26A, Assignment of Rights to Refund of Tax, • A copy of the evidence that sales tax was collected when the sales tax was paid to a Florida dealer or to a and subsequently refunded to customer (a copy of the private tag agency. customer’s payment history; a copy of the front and back of the cancelled check refunding customer‘s payment; or Vehicles Used in Another State for Six Months or a copy of a credit memo issued to the customer). Longer • A copy of the accounting records substantiating that any No Florida sales tax or local discretionary sales surtax is tax refunded or credited to the customer did not reduce due on a motor vehicle registered or licensed in Florida the amount of tax reported and paid to the Department when documentation is provided that: on a subsequent return. • The current owner of the vehicle has owned and used the vehicle for six months or longer in another state, Repossessed Merchandise territory of the United States, or District of Columbia; and When a dealer remitted sales tax to the Department on • The vehicle was used under conditions that would the sale of a tangible personal property (including aircraft, lawfully give rise to the taxing jurisdiction of the other boats or vessels, mobile homes, and motor vehicles) sold state, territory, or District of Columbia. under a retail installment, title loan, retain title, conditional sale, or similar contract for which the dealer retains a If you paid sales tax to another state, territory, or District security interest in the property, the dealer may, upon of Columbia and you paid Florida use tax at the time of repossession of the property, take a credit on a subsequent registration in Florida when no Florida use tax was due, use return or obtain a refund of that portion of the sales tax that this application to apply for a refund. is applicable to the unpaid balance of the contract. The Include the following with your application: credit or refund is based on the ratio that the total sales tax • A copy of the evidence of registration of the vehicle bears to the unpaid balance of the sales price, excluding issued in another state and a copy of the evidence of finance or other nontaxable charges, as reflected in the payment of a like tax that was lawfully imposed and sales contract. See Rule 12A-1.012, F.A.C. |
Enlarge image | DR-26SN R. 01/24 Page 6 of 7 You must file this application with the Department vessels, mobile homes, and motor vehicles; evidence within 12 months following the month in which the establishing possession and ownership of repossessed merchandise was repossessed. property that is not titled property). • A copy of documentation establishing that the dealer Include the following with your application: who sold the property financed the property or that the • A completed and signed Schedule of Tax Credits property was financed by a financing institution with Claimed on Repossessed Tangible Personal Property recourse (the dealer became liable for the outstanding (Form DR-95B). debt when the customer defaulted on the retail • A copy of documents for the sale of the property installment, title loan, retain title, conditional sale, or indicating the sales price of the property and the Florida similar contract financing the property). sales tax (a copy of the invoice or bill of sale). • A copy of the financing agreement for the sale of the Transient Rentals property (a copy of the retail installment, title loan, retain A dealer who reported and paid local option transient rental title, conditional sales, or similar contract). taxes to the Department that are administered by the local • A copy of the sales and use tax return on which taxing authority may take a credit or obtain a refund of the Florida sales tax was reported and paid to the the local tax paid to the Department in error. Include the Department. following with your application: • A copy of the accounting records substantiating that the • A copy of the original sales and use tax return. amount of tax reported included tax paid on the property • A copy of the amended replacement sales and use tax that was subsequently repossessed. return. • A copy of the purchaser’s payment history for the • A copy of the local government tax return(s) for the same property. reporting period. • A copy of documentation which establishes that the • A copy of the accounting records substantiating the property was repossessed (e.g., a copy of a certificate amount of local option transient rental tax paid to the of title or a repossession title for aircraft, boats or Department in error. Contact Us Information and tutorials are available at floridarevenue.com/taxes/education. Tax forms and brochures are available at floridarevenue.com/forms. To speak with a Department of Revenue representative, call Taxpayer Services at 850-488-6800, Monday through Friday, excluding holidays. Reference Material Rules are available at flrules.org. Subscribe to Receive Email Alerts from the Department. Subscribe to receive an email for filing due date reminders, Tax Information Publications (TIPs), or proposed rules. Subscribe today at floridarevenue.com/dor/subscribe. |
Enlarge image | DR-26SN R. 01/24 Page 7 of 7 References The following documents were mentioned in this form and are incorporated by reference in the rules indicated below. The forms are available online at floridarevenue.com/forms. Form DR-26A Assignment of Rights to Refund of Tax Rule 12-26.008, F.A.C Form DR-26AH Building Materials Used in Construction of Affordable Rule 12-26.008, F.A.C. Housing Units - Application for Refund of Sales and Use Tax Form DR-26S Application for Refund – Sales and Use Tax Rule 12-26.008, F.A.C. Form DR-15 Sales and Use Tax Return Rule 12A-1.097, F.A.C. Form DR-7 Consolidated Sales and Use Tax Return Rule 12A-1.097, F.A.C. Form DR-26RP Florida Neighborhood Revitalization Program Rule 12-26.008, F.A.C. Application for Sales and Use Tax Form RAO Rural Areas of Opportunity Application for Certification Rule 12-26.008, F.A.C. Exempt Goods and Services Sales Tax Refund Form DR-123 Affidavit for Partial Exemption of Motor Vehicle Rule 12A-1.097, F.A.C. Sold to a Resident of Another State Form DR-95B Schedule of Tax Credits Claimed on Repossessed Rule 12A-1.097, F.A.C. Tangible Personal Property |