DATE ISSUED: June 18, 2009
Due to the variety of transactions involving timeshares, there has been uncertainty concerning which transactions are taxable and which transactions are not taxable. Effective July 1, 2009, Chapter 2009-133, Laws of Florida (House Bill 61), clarifies the law governing state and local taxes due on certain timeshare transactions. The clarifications provide the following:
These same clarifications apply to vacation clubs only if the club meets the definition of a "multisite timeshare plan" contained in section 721.52, Florida Statutes. Vacation clubs that do not meet the definition of a "multisite timeshare plan" are not affected by these changes.
These statutory amendments are clarifying and remedial in nature only and do not provide a basis for the assessment or refund of tax for periods prior to July 1, 2009.
Reference: Sections 125.0104, 125.0108, 212.03, and 212.0305, Florida Statutes
This document is intended to alert you to the requirements contained in Florida laws and administrative rules. It does not by its own effect create rights or require compliance.
For forms and other information, visit our Internet site at www.myflorida.com/dor or call Taxpayer Services, 8:00 a.m. to 7:00 p.m., ET, Monday through Friday, excluding holidays, at 800-352-3671.
For a detailed written response to your questions, write the Florida Department of Revenue, Taxpayer Services, Mail Stop 3-2000, 5050 West Tennessee Street, Tallahassee, FL 32399-0112.