[retiredguy123]

Originally Posted by Topspinmo

Private sale of personal NON-licensed equipment. I sold tennis racket I suppose you think that’s taxed? Now it they brought it from business then yes, taxed like everything sold from business.

I don't think the requirement to license a vehicle has anything to do with the sales tax law, except that it is easier for the state to enforce the tax if the vehicle must be licensed.

[OhioBuckeye]

I wouldn’t think so when I ever bought anything from a private person that was used, how can they charge you tax. No I don’t understand how they can possibly charge tax. If they wanted to charge tax I would think they would of charge more for the clubs then paid whatever tax they wanted out of their own pocket!

[retiredguy123]

Slightly off topic, but, when I helped a friend buy a $10K ring, a well known Villages jeweler offered a discount if my friend provided an out-of-state address. The jeweler said that he would send an empty box to the out-of-state address to make it appear to be a non-Florida sale. I was very surprised that a prominent business would cheat the Florida sales tax law so blatantly.

[Proveone]

Originally Posted by BrianL99

Please tell me how a used golf cart is exempt from Florida Sales Tax?

I'm not insinuating everyone or even anyone actual pays Sales Tax, but I can't find anyplace in the laws or regulations that exempt a used golf cart. If you buy one from a dealer, you surely have to pay sales tax ... where does the supposed exemption come from, for "private sales" ?

Low Speed Vehicles - Florida Department of Highway Safety and Motor Vehicles

Chapter 320 Section 01 - 2021 Florida Statutes - The Florida Senate

What transactions are subject to the sales tax in Florida?

If it was street legal, then the buyer would have to register it and pay sales tax but if it isn't street legal, it is a private sale, no different than if you buy it at a garage sale. Do you pay sales tax if you buy something at a garage sale? I doubt it!

[BrianL99]

Originally Posted by MrFlorida

Private sales do not require a sales tax to be collected....

Since when?

According to whom?

[Shipping up to Boston]

Originally Posted by dougjb

Whew! Taking advice from TOTV on a legal issue is like asking to perform your own heart surgery.

So, I would love to hear the defense when you are caught. It sounds something like this, someone who is unidentified told me on a internet board that I was not responsible for collecting tax. So, therefore, I am free, right?

If you buy a car from a neighbor, you will be required to pay sales tax when you register it. The fact that it has to be registered is not what triggers the tax requirement. It is the sale that triggers the tax requirement. But, again, that is just advice from an unknown poster on an internet board. Take it or leave it. But, the risk is on you.

If you’re taking ‘legal’ advice from a jailhouse lawyer in general, you get what you pay for.

[merrymini]

Selling on ebay now requires any monies over $600 to be taxed on the federal level. They are desperate. Why would an individual charge tax when you pay a tax when registering a vehicle? Since golf carts are not registered, I would not concern myself.

[Starpilot]

Yes. You owe tax. If you report it and pay it is your business... BUT YOU DO OWE IT. Do not listen to the others giving earnest, but incorrect advise.

The seller in your case does not have the authority to collect tax... This is very common, as they are not conducting ongoing business. Their tax collection need is considered very low and as such they are exempt from the responsibility to collect and remit sales tax on behalf of the state.

That does not change your responsibility for sales tax.

When the vendor or sellor does not collect sales tax, the responsibility fall to the buy. The buy has to pay "USE" tax. which is reported on an annual Florida personal tax return.

Please see for additional information and guidance.

https://www.avalara.com/taxrates/en/state-rates/florida/florida-use-tax-guide.html

Regards - Lou

[retiredguy123]

Originally Posted by Starpilot

Yes. You owe tax. If you report it and pay it is your business... BUT YOU DO OWE IT. Do not listen to the others giving earnest, but incorrect advise.

The seller in your case does not have the authority to collect tax... This is very common, as they are not conducting ongoing business. Their tax collection need is considered very low and as such they are exempt from the responsibility to collect and remit sales tax on behalf of the state.

That does not change your responsibility for sales tax.

When the vendor or sellor does not collect sales tax, the responsibility fall to the buy. The buy has to pay "USE" tax. which is reported on an annual Florida personal tax return.

Please see for additional information and guidance.

Guide to Florida Use Tax - Avalara

Regards - Lou

Are you saying that the link provided in Post No. 19 is wrong?

[Bill14564]

Originally Posted by retiredguy123

Are you saying that the link provided in Post No. 19 is wrong?

Which was based on the Florida Rule linked in Post No. 26

[BrianL99]

Originally Posted by Starpilot

Yes. You owe tax. If you report it and pay it is your business... BUT YOU DO OWE IT. Do not listen to the others giving earnest, but incorrect advise.


Please see for additional information and guidance.

Guide to Florida Use Tax - Avalara

Regards - Lou

Thank you Lou, that's exactly what I suspected was the case.

On a positive note, if you Itemize, it might be deductible.

[rustyp]

Originally Posted by Starpilot

Yes. You owe tax. If you report it and pay it is your business... BUT YOU DO OWE IT. Do not listen to the others giving earnest, but incorrect advise.

The seller in your case does not have the authority to collect tax... This is very common, as they are not conducting ongoing business. Their tax collection need is considered very low and as such they are exempt from the responsibility to collect and remit sales tax on behalf of the state.

That does not change your responsibility for sales tax.

When the vendor or sellor does not collect sales tax, the responsibility fall to the buy. The buy has to pay "USE" tax. which is reported on an annual Florida personal tax return.

Please see for additional information and guidance.

Guide to Florida Use Tax - Avalara

Regards - Lou

Originally Posted by BrianL99

Thank you Lou, that's exactly what I suspected was the case.

On a positive note, if you Itemize, it might be deductible.

Per the statute being referred to:
"Consumer use tax is typically imposed on taxable transactions where sales tax was not collected. A good example is an taxable online purchase where the retailed fails to collect sales tax. The responsibility shifts from the seller to the buyer who can report, file, and remit total use tax on their annual Florida income tax return."

So you all don't forget to remit your total use tax next time you fill out your annual Florida income tax return.

[PugMom]

Originally Posted by pbaronie

I could never understand why when I buy anything used I should pay sales tax. When retailers sell new they collect sales tax and pass it on to the state. That should be it! Why does the state get to reek the benefit on the same item if it is resold over and over? Where does it end?

Florida hasn't got an income tax, or all the pesky taxes other states have, where they nickel & dime you to death. even our tolls are low compared to states where many of us come from, so i don't mind it. honestly, i'm still doing better than i would've had i stayed 'up north.'

[Bill14564]

Originally Posted by rustyp

Per the statute being referred to:
"Consumer use tax is typically imposed on taxable transactions where sales tax was not collected. A good example is an taxable online purchase where the retailed fails to collect sales tax. The responsibility shifts from the seller to the buyer who can report, file, and remit total use tax on their annual Florida income tax return."

So you all don't forget to remit your total use tax next time you fill out your annual Florida income tax return.

But is the private sale of a golf cart a taxable transaction or is it exempt as an occasional or isolated sale per Florida Rule 12A-1.037(3)?

[BrianL99]

Originally Posted by rustyp

Per the statute being referred to:
"Consumer use tax is typically imposed on taxable transactions where sales tax was not collected. A good example is an taxable online purchase where the retailed fails to collect sales tax. The responsibility shifts from the seller to the buyer who can report, file, and remit total use tax on their annual Florida income tax return."

So you all don't forget to remit your total use tax next time you fill out your annual Florida income tax return.

I'm just hoping the Florida Revenue Department, doesn't check to see how many golf clubs I have in my garage ... & asks where they all came from.