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Taxes on Vacation Homes in Florida

Thinking about investing in a vacation home in Florida? Get up to speed on the tax rules first so you can make smart decisions. Here is an overview of the key tax points when you buy, rent out and sell property in the Sunshine State.

May 22, 2023 | 4 min read | Mount Bonnell Advisors, Austin TX

With its mild climate, white sandy beaches and endless things to do, Florida draws huge numbers of tourists, and with them real estate investors looking to buy a home there. But there are plenty of tax points to keep in mind when you buy a vacation villa or condo in Florida. In this article we give you an overview of the key tax rules that apply when you buy, rent out and sell property in Florida.

1

Buying a vacation home in Florida

Buying a vacation home in Florida comes with several tax obligations. At closing, for example, a transfer tax (documentary stamp tax) is due, which in Florida is $0.70 per $100 of the purchase price (0.7%); only Miami-Dade County applies a rate of 0.60% plus a possible surtax. As the buyer, you also pay property taxes to the local city or county on an ongoing basis. These vary with the location, size and value of the property, so be sure to budget for them. After the purchase, you also need to have the deed recorded so you officially become the owner. The documentary stamp tax is collected when the deed is recorded in the public records (the American land register).

2

Renting out a vacation home in Florida

Renting out property in Florida can have many advantages, but you need to understand how income tax may apply to rental income. If you rent out your property for fewer than 15 days a year, no income tax is due on the rental income. If, however, you use the property yourself for more than 14 days or more than 10% of the rental period, it is taxed as a second home. On the other hand, personal use of no more than 14 days or less than 10% of the rental period means it counts as an investment property. If your rentals are shorter than 6 months, the income is subject to sales tax and tourist tax. As a landlord, it is important to understand these rules so you stay on the right side of the tax law.

3

Selling a vacation home in Florida

When you sell your vacation home in Florida, you may have to pay capital gains tax. It is calculated on the profit you make from the sale, less the investment costs you have put in over time. Florida itself does not tax capital gains for individuals; federal capital gains tax is at most 15% for most individuals, unless you can show that the property was used as your primary residence. In that case, you as the seller may qualify for an exemption.

4

Key requirements you must meet, among many others:

These requirements apply to deferring tax by reinvesting under Section 1031 (a "like-kind exchange"). The property must not be held only for personal use; it has to qualify as an investment. Just as important: the sale proceeds must never be paid out directly to the seller but must be held by a third party. Within 45 days you must also identify a replacement property. The proceeds must be reinvested within 180 days, and you can repeat this as often as you like. Only when the last property is sold does the gain become taxable. One advantage of Florida as a tax location is that the state levies no income tax, so all income, including rental income, is subject only to federal income tax. Rates here range from 10% to 37%.

5

General points on taxing vacation homes in Florida

Keep in mind that tax law in Florida is very complex, and there are also various exceptions you can benefit from. It is also wise to go over your tax questions with your tax advisor regularly. There are many deadlines and filing dates you have to meet, and if you do not meet your tax obligations, you can face fines and other consequences.

6

A different kind of walking

In short, the tax treatment of property in Florida is very complex. That is why it pays to get advice from a qualified tax advisor so you do not overlook any important rules of American real estate law. Taxes aside, a vacation home in Florida can be a rewarding investment for building long-term wealth. But if you ignore the tax side of real estate in Florida, you may end up paying more than you expected.

If you have more questions about Florida real estate or taxes in the United States, visit the Mount Bonnell Advisors website. For individual tax advice on your US plans, you can also book a consultation directly with an expert. You will find more articles under News.

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