On May 23, 2014, I published an article (available below) about something outrageous happening in Florida. As initially reported by The Florida Current on Wednesday, May 21, 2014, the Florida Department of Revenue issued over 7,000 erroneous tax warrants in 2013. This came to light when Governor Rick Scott received an erroneous tax warrant and the media started making serious inquiries into how often something like this might happen. I've been trying to get the FL DOR to reel in their overly aggressive tactics for years. I am very happy to report that I received unofficial word today that the FL DOR is going stop using collection analytics, the automated tax collection process in Florida. We will once again have human beings, your fellow Florida residents, making collection decisions for potentially delinquent taxpayers. I believe the relentless pressure from the press on this issue is the hero behind the change, but I hope that I contributed some small part.
It is about time that the Department of Revenue truly starts treating residents and business owners in Florida with the professionalism required under Florida's Taxpayer Bill of Rights, Section 213.015, Florida Statutes. I am personally pushing for legislation to be enacted given "teeth" to the Florida Taxpayer Bill of Rights that will make the DOR accountable for blatant violations of taxpayer rights. Freezing your bank account with no actual notice and for completely erroneous assessment is clearly such a violation.
UPDATE: I received updated word from the DOR that the whole collection analytics system has not been scrapped, rather it was scaled back. No no warrant goes out without human review and they are usually sent via certified mail to confirm that taxpayer received the notice.
The Law Offices of the Law Offices of Moffa, Sutton, & Donnini, P.A. is a firm with a dedicated focus on tax controversy work against the Florida Department of Revenue. Since 1991, our firm has been assisting company in virtually all industries to get a just and fair result when dealing with the Florida Department of Revenue. Whether your company has already received an audit notice or and you need to your policies and procedures to minimize the tax impact on your company, please contact our attorneys today by phone or email (see top of this page) for a free initial consultation.
About the author: Mr. Sutton is a Florida licensed CPA and Attorney and a shareholder in the law firm the Law Offices of Moffa, Sutton, & Donnini, P.A. Mr. Sutton's primary practice is Florida tax controversy, with an almost exclusive focus on Florida sales and use tax. Mr. Sutton worked for in the State and Local Tax department of one of the Big Five accounting firms for a number of years and has been an adjunct professor of law at Stetson University College of Law since 2002 teaching State and Local Tax and at Boston University College of Law since 2014 teaching Sales and Use Tax. Mr. Sutton is a frequent speaker on Florida sales and use taxes for the FICPA, Lorman Education, NBI, and the Florida Society of Accountants. Mr. Sutton is also co-author of CCH's Sales and Use Tax Treatise. You can read more about Mr. Sutton in his firm bio.
ADDITIONAL RESOURCES
7,000 TAX WARRANTS ISSUED IN ERROR – GOV SCOTT TOO, posted May 23, 2014, by James Sutton, CPA, Esq.
FL DOR USES "CALLZILLA" TO HARRASS TAXPAYERS, published July 28, 2013, by James Sutton, CPA, Esq.
FL TAX WARRANT ISSUED AGAINST THE FL SUPREME COURT, published February 10, 2012, by James Sutton, CPA, Esq.
TAXPAYER FORCED TO SIGN AWAY RIGHTS TO REMIT TAX?, published September 2, 2013, by James Sutton, CPA, Esq.
FLORIDA TAXPAYER BILL OF RIGHTS, published July 8, 2012, by James Sutton, CPA, Esq.
CRIPPLING PENALTIES UNDER FLORIDA SALES AND USE TAX LAW, by James Sutton, CPA, Esq., July 19, 2012
© 2014 All Rights Reserved – James Sutton