Florida Sales Tax for NNN-any advice or experience?
Purchased my 1st NNN property in Florida last year.  So far, everything has been great.

However I was made aware that Florida charges sales tax on commercial rent by my accountant so I have some back taxes to pay.  This comes out to about $990 out of my base rent of $12,500 per month.

My tenant is an large investment grade coffee retailer and I've read the lease and I don't see anything this being reimbursed.

Of course this never came up during DD period, and recalculated cap rate drops significantly when figuring in the sales tax.

Does anyone have any advice on whether or not I can recoup these payments from the tenant?  I assume no, but curious as to anyone else's experience.
[{"id": "gvkd3b7", "text": "Wow.  Never owned a property in Florida so was not aware   I would try to pass this off as a tax reimbursement.  They may not argue with you.", "replies": [], "depth": 1}, {"id": "gvkdcqv", "text": "You should be able get reimbursed. Tell them there was an administrative mistake. If you read the contract, it should say that the rental rate does not cover the sales tax and you should paid additionally to the rent. Thus, them failing to pay taxes will mean them failing the contract. You need to also check if there is a local sales tax too.", "replies": [], "depth": 1}, {"id": "gvkg8jb", "text": "For the facility we are currently leasing (S. Florida), taxes are specifically listed in the lease and are broken out separately on all statements.\n\nThe tenant is responsible for sales tax if the lease is silent on the issue.  However the language in the lease needs to be double checked to make sure the total paid isn't inclusive of  *all* costs.\n\nI'd suggest having a lawyer review because Florida also charges sales tax on CAM and other various items.  You don't want to miss anything.", "replies": [{"id": "gvkhlgv", "text": "That\u2019s crazy - how the F can they charge sales tax on maintenance?", "replies": [{"id": "gvkoueg", "text": "Yea it's absolutely wild and makes my ledgers more complicated", "replies": [], "depth": 3}], "depth": 2}, {"id": "gvkidgo", "text": "With Florida having no state income tax I've always been curious where they get their revenue. It has to come from somewhere.  My mind is blown right now that commercial rent and cam charges are sales taxable!\n\nDoes this lead to situations where the owner pays for a maintenance charge which is sales taxable, and then when the tenant pays that as a cam, sales tax gets applied again?  Services are sales taxable in my state. I don't know if they are in florida.", "replies": [{"id": "gvklply", "text": "I wonder if the landlord needs a reseller's permit for those CAM charges to avoid double sales tax.", "replies": [{"id": "gvko85d", "text": "Ahhhhh yes I bet that's how it works.", "replies": [], "depth": 4}], "depth": 3}, {"id": "gvkmqdk", "text": "I thought it came directly from liberal tears and COVID winning?", "replies": [], "depth": 3}, {"id": "gvlmt48", "text": "Tourism taxes", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gvkohm4", "text": "I own NNN in Florida. Definitley get it reimbursed. It's not you, its the goverment charging it. I do have some National Tenants that pay that tax directly, so I don't have to charge them for it. As you said it's a large coffee retailer, so if they told you that I would trust them, but I wouldn't let the smaller guys do that. \n\nBasically tell them they have to pay it as required by the goverment and if they don't want to pay it directly you can do it as a service for them for convenience purposes. Charge them to lines on the ledger. \n\n1. Base Rent\n2. Florida Sales Tax \n\nP.S. Also check which county you're in because Florida Sales tax is 6% but in Orange County is 6.5% (an additional half percent)", "replies": [{"id": "gvkw74h", "text": "Incorrect. It is 5.5% on commercial rent to the state plus whatever the county rate is. 6% applies to goods sold, like a t-shirt. They change it all the time.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gvkoxmn", "text": "Sales tax is always presumed to be additional, in any purchase, rent included.  \n\nCheck your lease docs.  You likely have a recapture clause.", "replies": [], "depth": 1}, {"id": "gvktvk8", "text": "Sales tax on commercial leases I believe are 5.5% plus local surcharges (IE - in Miami-Dade county total sales tax is 6.5%, down from 6.7% a couple years ago).\n\n\\*\\*I am not an accountant and this is not tax advice", "replies": [], "depth": 1}, {"id": "gvkvt9j", "text": "Well it should be discussed in the lease.  The way I've charged rent in FL (the only state in the country that charges sales tax on commercial rent) is base rent + sales tax per month. So if their base rent is $12,500 and you happen to be in let's say palm beach county (1% county+ 5.5% state) the rent you should be receiving ought to be 12,500 + 812.50 or $13,312.50 per month. Then you file and pay the sales tax online every month for the preceding month. \n\nAlso I HATE how every broker is like \"ThErEs nO InCoMe TaX in FloRiDa\" it comes from somewhere and in florida's case it's landlords (via lower take home rent). Also you need to collect sales tax on other reimbursements like property tax and insurance. So if you get reimbursed $40,000 for insurance and property taxes you need to be collecting sales tax on top of that based on what county/municipality you are in.\n\nSource: been filing sale tax returns in florida for a decade", "replies": [], "depth": 1}, {"id": "gvlz157", "text": "Honestly. I\u2019ve been working to get into commercial RE here in Florida Miami. I read this, and learned a lot about triple N lease sales tax. That\u2019s good to have in mind. \n\nNot a constructive comment, but just wanted to say thanks for sharing the experience", "replies": [], "depth": 1}, {"id": "gvmxrux", "text": "Who was your broker? They really fucked up if this wasn't caught at DD.", "replies": [], "depth": 1}, {"id": "ivkuo5f", "text": "NNN properties are inherently \"landlord pays nothing scenarios\"\n\nShort answer is they either pay the sales tax to you or the department of revenue comes after them, because all commercial rents are taxable no matter who pays them.\n\nSales tax on rent is charged to you by the state and is not negotiable.  All amounts collected on behalf of landlord are considered \"rents\"  \n\nThis document is helpful from department of revenue.\n\nhttps://floridarevenue.com/forms\\_library/current/gt800016.pdf", "replies": [], "depth": 1}]