taxable privilege (Florida) · Go Syfert
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taxable privilege in Florida

9 Florida opinions name it 3 courts 1935–2020 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Alachua County v. Expedia, Inc.green
fladistctapp · 2013 · cited in 2 Florida opinions naming this issue, 2015–2020
2 sentences

2015Expedia, 110 So. 3d at 945 (“The [supreme court] did not hold, nor was it asked to address, whether the taxable privilege addressed in the [TDT] is exercised by those renting rooms from hotels or by those renting rooms to tourists.”).

2015Expedia, 110 So.3d at 945 (“The [supreme court] did not hold, nor was it asked to address, whether the taxable privilege addressed in the [TDT] is exercised by those renting rooms from hotels or by those renting rooms to tourists.”).

12
Miami Dolphins, Ltd. v. Metro. Dade Countygreen
fla · 1981 · cited in 2 Florida opinions naming this issue, 2013–2015
2 sentences

2015See Miami Dolphins, 394 So.2d at 989 .

2013Appellants contend that their position that the taxable privilege is exercised by tourists is supported by our supreme court’s opinion in Miami Dolphins, Ltd. v. Metropolitan Dade County, 394 So.2d 981 (Fla.1981).

12
Alachua County v. Expedia, Inc.green
fla · 2015 · cited in 1 Florida opinions naming this issue, 2020–2020
2 sentences

2020Our decision on this issue is guided by the holdings in Alachua II, 175 So. 3d at 737 , and Alachua County v. Expedia, Inc. (Alachua I), 110 So. 3d 941 , 946–47 (Fla. 1st DCA 2013).

2020See Alachua II, 175 So. 3d at 735 (“[I]t is irrelevant to the taxation issue at hand which actors are involved and what roles they play in transactions for facilitating transient hotel room reservations.”).

11
Schnurmacher Holding, Inc. v. Noriegagreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See § 212.031(2)(a); Schnurmacher Holding, Inc. v. Noriega, 542 So.2d 1327, 1329 (Fla.1989). [2] The Department points out that case law from outside Florida is consistent with its conclusion that the arrangements at issue in this case were licenses to use real property.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Educational Films Corp. of America v. Ward green
scotus · 1931
2 sentences

1935Educational Films Corp. v. Ward, 282 U. S. 379 , 51 S. Ct. 170 , 75 L.

1935Educational Films Corp. v. Ward, 282 U. S. 379 , 51 S. Ct. 170 , 75 L.

21935–1935
J.M. v. Gargett green
fla · 2012
2 sentences

2015Similarly, for the TRT, we read the disputed language as “every [hotel] is exercising a taxable privilege [that] engages in the business of renting, . . . .” Id.

2015Similarly, for the TRT, we read the disputed language as “every [hotel] is exercising a taxable privilege [that] engages in the business of renting, ....” Id.

12015–2015
Longo v. Alweiss green
fla · 1953
1 sentence

2001Fla. 75-267 (1975) (City of Jacksonville Department of Housing and Urban Renewal Development is liable for sales taxes due on rentals received from the leasing of commercial property acquired through urban renewal and leased temporarily until disposed of); 75-278 (1975) (transient rentals tax applicable to dockage charges imposed by the Port of Palm Beach District); 80-47 (1980) (for the purposes of Ch. 212 , Fla. Stat., generally, a statutorily created health facility authority is a "person" operating a business which engages in a taxable privilege under s. 212.031 (1), Fla. Stat., when it re

12001–2001
Maas Brothers, Inc. v. Dickinson green
fla · 1967
1 sentence

2001Fla. 75-267 (1975) (City of Jacksonville Department of Housing and Urban Renewal Development is liable for sales taxes due on rentals received from the leasing of commercial property acquired through urban renewal and leased temporarily until disposed of); 75-278 (1975) (transient rentals tax applicable to dockage charges imposed by the Port of Palm Beach District); 80-47 (1980) (for the purposes of Ch. 212 , Fla. Stat., generally, a statutorily created health facility authority is a "person" operating a business which engages in a taxable privilege under s. 212.031 (1), Fla. Stat., when it re

12001–2001
Rutledge v. Chandler green
fla · 1984
1 sentence

1984But if the tax is computed upon the valuation of the property, and assessed by assessors, either where it is situated or at the owner's domicile, although privileges may be included in the valuation, it is considered a property tax. 445 So.2d at 1008 .

11984–1984
State Ex Rel. Adams v. Lee green
fla · 1935
1 sentence

1954Adams v. Lee, supra, the same result was reached in an opinion of this Court, written by Mr. Justice Davis, [ 122 Fla. 639 , 166 So. 258 ] when he said: "* * * The `realization' privilege, when contrived to be burdened with a license tax measured solely by the gross sales or gross receipts realized in the course of exercise of the taxable privilege, so proposed to be charged for as a means of raising revenue, is in its nature variable solely and only according to the amount of the realization, and not by the nature or quality of the instrumentality of realization. * * * To put it another way,

11954–1954

Statutes the citing opinions construe

FL § 125.0104 (4) FL § 212.03 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 20 (1897–2009) FL 9 (1935–2020) AL 2 (1904–1917) MI 2 (1990–1990) CO 2 (1998–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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