Florida Sales Tax Rules
12A-1.049 Sales of Animals
(1) Sales of livestock and poultry to consumers by any person other than a producer are taxable. However, gross proceeds derived from the sale in this state of livestock and poultry direct from the farm are exempt, provided that such sales are made directly by the producers. The producers shall be entitled to such exemptions although said livestock so sold in this state may have been registered with a breeders or registry association prior to such sale and although such sale takes place at a livestock show or race meeting, so long as the sale is made within this state by the original producer.
(2) For purposes of this rule, livestock includes all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches and other ratite species, and other grazing animals raised for commercial purposes. The term “livestock” also includes fish raised for commercial purposes.
(3) The sale of a race horse or a racing dog by its owner is exempt if the owner is also the breeder of the animal, even if the owner does not reside in this state. When the owner is not the breeder, such sales are subject to tax and the owner is required to register as a dealer and collect the applicable tax.
(4) The sale of race horses in this State is subject to tax. Tax is due on the claiming price of any horse that is claimed at any racing meet held in this State.
(5) Sales tax is required to be collected on the maximum amount for which a horse is sold at a claiming race one time only during the entire racing season that extends from the opening of the first track in this State in the fall through the closing of the last track in this State in the spring. To avoid a duplication of tax, officials of the various race tracks collect tax as required on such sales and furnish other tracks with accurate, detailed lists of the sales. The following example is intended to show how this works out in practice. A horse is sold in a claiming race for $5,000 and later is sold in a claiming race for $6,000. The tax would be collected on the first sale of $5,000 and on the $1,000, difference between the first and second sale. This track would forward a detailed list showing these sales to the next track. At another track, during the same racing season, the same horse is sold for $6,000 at a claiming race and then at still another claiming race it is sold for $7,000. No tax would be collected on the latter $6,000, because tax had already been collected on that amount during the current season. However, tax is due on the additional $1,000 realized from the sale at $7,000.
(6) The sale of livestock for breeding purposes is exempt.
Rulemaking Authority 212.18(2), 213.06(1) FS. Law Implemented 212.02(29), 212.07(5)(a), (b), (6), (7), 212.08(7)(qq) FS. History– New 10-7-68, Amended 6-16-72, 9-28-78, 7-20-82, Formerly 12A-1.49, Amended 3-1-00.
