🇺🇸 Florida Income Tax — 2026 UPDATE

Florida Income Tax Rates & Brackets (Tax Year 2025 — Filed in 2026)

⚠️Informational only — not legal or tax advice.

Tax year covered: 2025 (returns filed in 2026)
Applies to: Income earned January 1 – December 31, 2025
Returns filed: January – April 2026
Last verified: February 12, 2026

Florida State Income Tax

Table of Contents

Quick Reference

Does Florida have income tax? No – Florida does not levy state income tax on individuals
Tax structure: No state income tax for natural persons
Tax rates: 0% state income tax
Standard deduction (Single): N/A (no state income tax)
Standard deduction (Married): N/A (no state income tax)
Local income tax: No
Official source: https://floridarevenue.com/taxes/Pages/default.aspx

Key Takeaways

  • Residents: Florida residents pay NO state income tax on income from any source
  • Non-residents: Florida does not tax non-residents on Florida-source income
  • Constitutional protection: The Florida Constitution prohibits state income tax on natural persons
  • Local income tax: Florida does not permit local jurisdictions to levy income taxes
  • Federal taxes still apply: Florida residents must still file federal income tax returns with the IRS
  • Corporate income tax: Florida does levy a 5.5% corporate income tax on businesses

Quick Questions About Florida Income Tax

What is the Florida income tax rate for 2025?

Florida has no state income tax. The state income tax rate is 0% for all individuals, regardless of income level. This applies to wages, salaries, investment income, retirement distributions, and all other forms of personal income.

Does Florida have state income tax?

No. Florida is one of eight states with no personal income tax. The Florida Constitution prohibits the state from levying income taxes on natural persons (individuals) beyond what can be credited against federal taxes.

What are the income tax brackets in Florida?

Florida does not have income tax brackets because it does not levy a state income tax on individuals. All personal income is exempt from state taxation.

Is Social Security taxed in Florida?

No. Florida does not tax Social Security benefits because Florida has no state income tax. However, federal taxes may apply to Social Security benefits depending on your total income.

Does Florida tax retirement income?

No. Florida does not tax any retirement income including pensions, 401(k) distributions, IRA withdrawals, or annuity payments. This makes Florida one of the most tax-friendly states for retirees.

Do I need to file a Florida income tax return?

No. Because Florida does not have a state income tax, residents do not file state income tax returns. However, you must still file federal income tax returns with the IRS if you meet federal filing requirements.

Source: https://floridarevenue.com/taxes/Pages/default.aspx

Florida's No Income Tax Structure

Understanding Florida’s Unique Tax System

Florida is one of eight U.S. states that do not levy a personal income tax:

  • Alaska
  • Florida
  • Nevada
  • South Dakota
  • Tennessee (repealed income tax effective January 1, 2025)
  • Texas
  • Washington
  • Wyoming

Note: New Hampshire repealed its tax on interest and dividends effective January 1, 2025, joining the no-income-tax states.

Source: https://taxfoundation.org/data/all/state/state-income-tax-rates/


What This Means for Florida Residents

No state income tax on:

  • Wages and salaries
  • Self-employment income
  • Business income (for individuals, sole proprietors, and pass-through entities)
  • Investment income (interest, dividends, capital gains)
  • Retirement account distributions (401(k), IRA, pension, annuities)
  • Social Security benefits
  • Rental income
  • Lottery winnings
  • Unemployment compensation
  • Any other form of personal income

Federal taxes still apply: Florida residents must pay federal income taxes on all taxable income according to IRS rules. The absence of state income tax does not affect federal tax obligations.

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Tax Advantages for Florida Residents

Increased take-home pay: Without state income tax withholding, Florida residents keep more of their gross income compared to residents of states with income taxes.

Retirement benefits:

  • No state tax on Social Security benefits
  • No state tax on pension distributions
  • No state tax on 401(k) or IRA withdrawals
  • No state tax on annuity income

Investment advantages:

  • No state tax on capital gains
  • No state tax on dividend income
  • No state tax on interest income

Business advantages:

  • No state income tax on sole proprietorship income
  • No state income tax on partnership or S-corporation pass-through income (at individual level)
  • Simplified payroll (no state income tax withholding for employees)

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Statutory Authority

Constitutional Authority

Florida’s prohibition on state income tax is established in the Florida Constitution, which provides the highest level of legal protection against implementation of an income tax.

Florida Constitution, Article VII, Section 5:

(a) NATURAL PERSONS. “No tax upon estates or inheritances or upon the income of natural persons who are residents or citizens of the state shall be levied by the state, or under its authority, in excess of the aggregate of amounts which may be allowed to be credited upon or deducted from any similar tax levied by the United States or any state.”

Source: http://www.leg.state.fl.us/statutes/index.cfm?submenu=3

Constitutional interpretation: Because no federal credit currently exists for state income taxes paid (the State and Local Tax deduction on federal returns is not a credit), Florida effectively cannot levy an income tax on individuals without a constitutional amendment.

How it could change: Implementing a state income tax in Florida would require:

  1. A constitutional amendment approved by Florida voters, OR
  2. Congress creating a federal tax credit for state income taxes paid

Historical context:

  • Original provision adopted: 1968 Florida Constitution revision
  • Amended: 1971 (H.J.R. 7-B) to current language
  • Effective immediately upon voter approval in 1971

Source: https://fcit.usf.edu/florida/docs/c/const/const07.htm


(b) OTHERS (Corporate Income Tax). “No tax upon the income of residents and citizens other than natural persons shall be levied by the state, or under its authority, in excess of 5% of net income, as defined by law, or at such greater rate as is authorized by a three-fifths (3/5) vote of the membership of each house of the legislature…”

Corporate income tax authority: While individuals are protected from income taxation, Florida does levy a corporate income tax at 5.5% on C-corporations and LLCs taxed as corporations. This does not affect individual income.

Source: http://www.leg.state.fl.us/statutes/index.cfm?submenu=3


Statutory Framework

Florida Department of Revenue: The Florida Department of Revenue administers state taxes but does not administer a personal income tax because none exists under Florida law.

Primary statute: Chapter 220, Florida Statutes – Florida Income Tax Code

This chapter addresses:

  • Corporate income tax (applies to corporations, not individuals)
  • Tax credits available against corporate income tax
  • Administrative procedures

Chapter 220 does NOT establish an individual income tax.

Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0220/0220.html


Administrative Authority

Florida Department of Revenue:

  • Website: https://floridarevenue.com
  • Does not administer individual income tax
  • Administers corporate income tax, sales tax, and other state taxes

No individual income tax forms: Because Florida has no individual income tax, the Department of Revenue does not produce or maintain individual income tax forms, instructions, or filing systems for personal income.

Source: https://floridarevenue.com/pages/forms_index.aspx

Who Files What in Florida

Florida Residents

State income tax return: NOT REQUIRED – Florida has no state income tax

Federal income tax return: REQUIRED if you meet IRS filing thresholds

Federal filing requirements for Tax Year 2025:

  • Single: Gross income of $14,600 or more
  • Married Filing Jointly: Gross income of $29,200 or more
  • Head of Household: Gross income of $21,900 or more
  • Over 65: Higher thresholds apply

Source: IRS Publication 17 for federal filing requirements


Part-Year Residents

State income tax return: NOT REQUIRED – Florida has no state income tax

Whether you lived in Florida for the entire year or moved to/from Florida during 2025, you do not file a Florida state income tax return because Florida does not have one.

Other state considerations: If you moved TO Florida from another state:

  • File a part-year resident return in your former state for income earned before moving
  • No Florida return required

If you moved FROM Florida to another state:

  • No Florida return required
  • File a part-year resident return in your new state for income earned after moving

Non-Residents Working in Florida

State income tax return: NOT REQUIRED – Florida has no state income tax

Non-residents who work in Florida or earn Florida-source income do not file Florida income tax returns because Florida does not tax non-resident income.

Example: A Georgia resident works in Florida. They file only:

  • Federal income tax return (reporting all income)
  • Georgia income tax return (as Georgia resident, reporting all income including Florida wages)
  • No Florida return (Florida does not tax this income)

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Business Owners and Self-Employed

Individual income: NOT TAXED by Florida

Sole proprietors, partners in partnerships, and S-corporation shareholders do not pay Florida state income tax on business income flowing through to their personal returns.

Corporate income tax: C-corporations and LLCs taxed as corporations DO pay Florida corporate income tax at 5.5%.

Form required for corporations: Florida Form F-1120 (Corporate Income Tax Return)

Source: https://floridarevenue.com/taxes/taxesfees/Pages/corporate.aspx


What Income Is NOT Taxed in Florida

ALL Personal Income Is Exempt

Because Florida has no state income tax, ALL forms of personal income are exempt from state taxation:

Earned income:

  • Wages and salaries
  • Tips and bonuses
  • Commissions
  • Self-employment income
  • Business income (sole proprietorships, partnerships, S-corporations at individual level)

Investment income:

  • Interest income
  • Dividend income
  • Capital gains (short-term and long-term)
  • Cryptocurrency gains

Retirement income:

  • Social Security benefits
  • Pension distributions (private and public)
  • 401(k) withdrawals
  • Traditional IRA distributions
  • Roth IRA distributions (qualified and non-qualified)
  • Annuity payments
  • Military retirement pay

Other income:

  • Rental income
  • Royalty income
  • Unemployment compensation
  • Lottery and gambling winnings
  • Alimony received (for pre-2019 agreements)
  • Jury duty pay
  • Prize money
  • Fellowship and scholarship income (non-qualified expenses)

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Federal Taxation Still Applies

Important: While Florida does not tax personal income, federal income taxes apply to all taxable income under IRS rules.

The following are federally taxable (but not taxed by Florida):

  • Wages, salaries, self-employment income
  • Most investment income
  • Retirement distributions (except qualified Roth distributions)
  • Up to 85% of Social Security benefits (depending on income level)
  • Most other income sources

Source: IRS Publication 17

Standard Deduction & Exemptions

State Level: Not Applicable

Florida does not offer state-level standard deductions or personal exemptions because Florida has no state income tax.

No state tax means:

  • No state standard deduction
  • No state personal exemptions
  • No state itemized deductions
  • No state tax credits (for individual income tax purposes)

Federal Level: Still Applies

Florida residents claim standard deductions and personal exemptions on federal returns:

Federal Standard Deduction (Tax Year 2025):

  • Single: $15,000
  • Married Filing Jointly: $30,000
  • Married Filing Separately: $15,000
  • Head of Household: $22,500

Additional standard deduction (federal):

  • Age 65 or older (Single): $1,950 additional
  • Age 65 or older (Married): $1,550 additional per spouse
  • Blind: Same additional amounts as age 65+

Source: IRS Form 1040 instructions for Tax Year 2025

Tax Credits

State Tax Credits: Not Applicable

Florida does not offer individual income tax credits because Florida has no individual income tax.

No state tax means:

  • No state Earned Income Tax Credit
  • No state Child Tax Credit
  • No state education credits
  • No state retirement savings credits
  • No state child care credits

Federal Tax Credits: Fully Available

Florida residents claim all federal tax credits for which they qualify:

Major federal credits available:

1. Earned Income Tax Credit (EITC)

  • Reduces tax owed or provides refund
  • Based on income and number of qualifying children
  • Maximum credit (2025): Up to $7,830 (3+ children)

2. Child Tax Credit

  • Up to $2,000 per qualifying child under 17
  • Partially refundable

3. Child and Dependent Care Credit

  • Credit for child care expenses
  • Allows parents to work or look for work

4. American Opportunity Tax Credit

  • Up to $2,500 per student for qualified education expenses
  • First four years of higher education

5. Lifetime Learning Credit

  • Up to $2,000 per tax return for education expenses
  • All years of higher education and skill development

Source: IRS Form 1040 instructions and IRS.gov


Corporate Tax Credits in Florida

While individuals don’t benefit from state tax credits, Florida does offer tax credits against corporate income tax:

  • New Markets Tax Credit
  • Renewable Energy Production Tax Credit
  • Research and Development Tax Credit
  • Qualified Targeted Industry Tax Refund
  • Capital Investment Tax Credit
  • Strong Families Tax Credit (for businesses)

These credits apply only to corporate income tax, not individual income tax.

Source: https://floridarevenue.com/taxes/taxesfees/Pages/corporate.aspx

Filing Deadlines

Florida State Income Tax: No Filing Required

Because Florida has no state income tax, there are no state filing deadlines for individual income tax returns.

What this means:

  • No April 15 state deadline
  • No state extension requests
  • No state estimated tax payments
  • No state withholding requirements for employees

Federal Filing Deadlines Apply

Florida residents must meet federal tax deadlines:

Regular deadline: April 15, 2026 for Tax Year 2025 returns

Extension deadline: October 15, 2026

How to request federal extension:

  • File Form 4868 (Automatic Extension) by April 15, 2026
  • Pay any estimated tax owed by April 15, 2026
  • Extension grants additional time to file, not to pay

Federal estimated tax payments (if applicable): Self-employed individuals and those with income not subject to withholding may need to make quarterly federal estimated tax payments:

  • Q1 2025: April 15, 2025 (already passed)
  • Q2 2025: June 16, 2025 (already passed)
  • Q3 2025: September 15, 2025 (already passed)
  • Q4 2025: January 15, 2026 (for income earned Sept-Dec 2025)

Q1 2026: April 15, 2026 (for Tax Year 2026)

Source: IRS Form 1040-ES instructions

Filing Options

Florida State Income Tax: No Filing

Florida residents do not file state income tax returns because Florida has no state income tax.


Federal Income Tax Filing

Florida residents file federal income tax returns using the same methods available to all U.S. taxpayers:

Online Filing (E-File):

IRS Free File:

Commercial tax software:

  • TurboTax
  • H&R Block
  • TaxAct
  • FreeTaxUSA
  • Many others

Paper Filing:

Download forms:

Mailing addresses vary by location and payment status: Check IRS instructions for correct mailing address based on your situation.

Tax preparer options:

  • Certified Public Accountant (CPA)
  • Enrolled Agent (EA)
  • Tax Attorney
  • IRS-approved tax preparer

Free assistance programs:

  • VITA (Volunteer Income Tax Assistance): For those earning $64,000 or less
  • TCE (Tax Counseling for the Elderly): For age 60+
  • AARP Tax-Aide: Free tax preparation for all ages

Source: https://www.irs.gov

Special Considerations for Florida Income Tax

Remote Workers and Multi-State Taxation

Living in Florida, Working for Out-of-State Employer

As a Florida resident working remotely for an employer in another state, you benefit from Florida’s no income tax policy.

What this means:

  • You pay NO Florida income tax (because Florida has none)
  • Your employer’s location does NOT determine your state tax obligation
  • You owe tax only to Florida (which is zero) based on your residency

Exception – “Convenience of Employer” states: Some states (notably New York) claim the right to tax remote workers even if they live in another state. This can create complex situations.

Example 1: Florida resident working remotely for a Texas company

  • Result: No state income tax (both Florida and Texas have no income tax)

Example 2: Florida resident working remotely for a California company

  • Result: No Florida tax (Florida has no income tax)
  • California typically cannot tax income earned by non-residents working outside California
  • You pay no state income tax on this income

Example 3: Florida resident working remotely for a New York company

  • Result: No Florida tax (Florida has no income tax)
  • New York may attempt to tax this income under “convenience of employer” rule
  • Requires careful analysis and possibly professional tax guidance

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Working in Florida, Living in Another State

Non-residents who work in Florida benefit from Florida’s no income tax policy for their Florida-source income.

What this means:

  • Florida does NOT tax your wages for work performed in Florida
  • You report Florida income on your home state’s tax return
  • Your home state taxes your worldwide income (including Florida wages)

Physical presence rule: Income is sourced to the state where work is physically performed. If you work remotely from Florida, that income is Florida-source and NOT taxed by Florida.

Example 1: Georgia resident working in Florida (commuter or temporary assignment)

  • Florida: No tax on Florida wages
  • Georgia: Taxes all income including Florida wages (as Georgia resident)
  • Georgia may provide credit for taxes paid to other states, but since Florida taxes nothing, no credit applies

Example 2: Alabama resident with remote work assignment in Florida

  • Florida: No tax on wages earned in Florida
  • Alabama: Taxes all income as Alabama resident

Source: https://floridarevenue.com/taxes/Pages/default.aspx


⚠️ Interstate Tax Risk Indicator

When Florida residents work for employers in certain states, or when residents of other states work remotely from Florida, special rules may apply:

States with “Convenience of Employer” rules that may affect Florida residents:

New York:

  • Applies aggressive “convenience of employer” doctrine
  • May claim right to tax Florida residents working for NY employers
  • Requires showing remote work is for “employer’s necessity” not employee convenience
  • Professional tax guidance strongly recommended

Pennsylvania:

  • Has convenience rule but applies differently than New York
  • Less aggressive enforcement for remote workers

Delaware, Nebraska, New Jersey:

  • Have convenience of employer provisions
  • Generally less aggressive than New York

Source: State tax authority guidance and IRS Publication 505


States that aggressively audit non-resident remote workers:

California:

  • Closely monitors non-residents working for California employers
  • Tracks work location through various means
  • Important for Florida residents working for California companies to document where work is performed

Massachusetts:

  • Has specific rules for remote workers
  • May attempt to tax non-residents under certain circumstances

Connecticut:

  • Monitors remote work situations
  • Complex credit system for multi-state taxation

Source: State tax authority guidance


“Convenience of the Employer” Rule

Florida does NOT apply a “convenience of the employer” rule because Florida has no income tax.

What this means for Florida residents: You are protected from Florida taxation regardless of where your employer is located or why you work remotely. However, some other states may attempt to tax Florida residents under their convenience rules.

New York’s “Convenience of Employer” Rule:

If you are a Florida resident working remotely for a New York employer:

New York’s position: New York may claim you owe New York income tax if you work from home for your own convenience (not employer necessity).

Florida’s position: Florida does not tax your income at all, so there is no credit available against New York tax.

Result:

  • You may owe New York income tax even while living in Florida
  • No Florida tax to offset this
  • Professional tax guidance recommended

Exceptions to New York’s rule:

  • Employer requires you to work remotely (bona fide employer office requirement)
  • Employer has no office or facility suitable for your work in New York
  • Working remotely is an employer-imposed necessity

Documentation needed:

  • Written employer policy requiring remote work
  • Documentation showing employer has no suitable New York workspace for you
  • Employment contract specifying remote work requirement

Source: New York Tax Law Section 631 and related guidance


Other states generally do NOT apply convenience rules: Most states source income based on where work is physically performed. If you work from Florida, your work is Florida-source, and Florida does not tax it.


Reciprocal Agreements

Florida has NO reciprocal agreements with other states.

Reciprocity would allow residents of one state to avoid taxation by another state where they work. Florida does not need such agreements because Florida does not tax income.

What this means:

  • Florida residents working in other states: You are not taxed by Florida (no income tax), but you ARE taxed by your work state if you physically work there
  • Other state residents working in Florida: Florida does not tax your Florida wages; your home state taxes all your income

Common scenarios:

Florida resident working in Georgia:

  • Georgia: Taxes wages for work physically performed in Georgia
  • Florida: No tax
  • Georgia provides no reciprocity because Florida has no income tax to reciprocate with

Alabama resident working in Florida:

  • Florida: No tax on Florida wages
  • Alabama: Taxes all income (worldwide income as Alabama resident)
  • No reciprocity needed because Florida doesn’t tax the income

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Multi-State Tax Filing

Florida residents earning income in multiple states:

Filing requirements:

  • Florida: No return required (no income tax)
  • Other states: File non-resident return for income earned in each state where you physically worked
  • Federal: Report all income regardless of source

Tax credits: Because Florida has no income tax, you cannot claim a credit on your Florida return for taxes paid to other states (no Florida return exists).

Example: Florida resident who:

  • Works remotely from Florida for Company A
  • Travels to California for business meetings (10 days)
  • Travels to New York for training (5 days)

Filing requirements:

  • Florida: No return (no income tax)
  • California: May require non-resident return for income allocated to days worked in California
  • New York: May require non-resident return for income allocated to days worked in New York
  • Federal: Form 1040 reporting all income

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Residents of other states working remotely from Florida:

Common misconception: “If I work remotely from Florida, I don’t owe state income tax anywhere.”

Reality: You owe income tax to your state of residence on all income, including income earned while working remotely from Florida during temporary visits.

Example: New York resident vacations in Florida for two weeks and works remotely from Florida during that time.

Tax treatment:

  • Florida: No tax (Florida doesn’t tax income)
  • New York: Taxes this income as part of worldwide income
  • The work location (Florida) does not exempt this income from New York taxation for a New York resident

Source: State tax authority guidance

Tax Residency vs Domicile

Understanding residency is critical when Florida’s no income tax policy intersects with other states’ taxation.

Domicile Defined

Domicile is your permanent legal home – the place you intend to return to and consider “home” indefinitely.

Key characteristics:

  • You can have only ONE domicile at a time
  • Domicile continues until you establish a new domicile elsewhere with clear intent
  • Temporary absences do not change domicile
  • Intent to remain is the critical factor

Why domicile matters for Florida residents: Establishing Florida domicile protects you from income taxation by your former state of residence. Many states aggressively audit former residents claiming Florida domicile.

Source: https://floridarevenue.com/taxes/Pages/default.aspx

Factors Establishing Florida Domicile
Factor What It Shows
Florida driver's license Legal residence in Florida
Florida voter registration Exercise of civil rights in Florida
Florida vehicle registration Vehicle domiciled in Florida
Primary residence in Florida Physical presence in Florida
Florida homestead exemption Primary residence claim
Florida professional licenses Professional domicile
Florida bank accounts Financial center in Florida
Florida doctors and dentists Medical care in Florida
Florida club memberships Social connections in Florida
Will and estate documents Stated domicile for legal purposes
Source: Florida domicile determination factors

Residency Defined

Residency for tax purposes can be established through physical presence even without changing domicile.

Key principle: Many states apply “statutory residency” rules based on days present in the state, regardless of domicile.

Common statutory residency rule: Present in a state for more than 183 days (half the year) AND maintaining a place of abode = statutory resident

Critical for Florida residents: If you maintain a Florida domicile but spend significant time in another state:

  • You remain a Florida domicile
  • The other state may claim you as a statutory resident
  • Result: You could be taxed as a resident of both states

Example:

  • Domicile: Florida (permanent home, legal residence)
  • Winter months: 5 months in Arizona (151 days)
  • Work: Remote work for Florida company

Tax result:

  • Florida: No tax (no income tax)
  • Arizona: No statutory residency (under 183 days)
  • Result: No state income tax owed

Source: Multi-state tax guidance

Critical Differences — Domicile vs Tax Residency
Factor Domicile Tax Residency
Number allowed One at a time Can be resident of multiple states
Based on Intent + permanent home Physical presence + statutory rules
Changes when Establish new permanent home with clear intent Meet another state's presence threshold
Tax impact Taxed as domiciliary Taxed as statutory resident

Common Conflict Scenarios

Scenario 1: Florida Snowbirds Traveling North

Facts:

  • Domicile: Florida (permanent home, driver’s license, voting)
  • Summer residence: Michigan cottage (4 months = 120 days)
  • Intent: Return to Florida, consider it permanent home

Tax result:

  • Florida: No tax (domicile state with no income tax)
  • Michigan: No statutory residency (under 183 days)
  • Result: No state income tax owed

Scenario 2: New Claiming Florida Domicile

Facts:

  • Former domicile: New York
  • New claimed domicile: Florida (bought home, got FL license, registered to vote)
  • Situation: Maintains New York apartment, family stays in New York, children in New York schools
  • Time in Florida: 190 days/year

New York’s likely position: You have not truly abandoned New York domicile despite Florida claims.

Key factors New York will examine:

  • Family location (strongest factor)
  • Where children attend school
  • Professional/business ties
  • Social and religious connections
  • Time allocation between states

Tax result:

  • New York may successfully claim you as a domiciliary and tax worldwide income
  • Florida: No tax (even if Florida is your domicile)
  • Burden of proof: You must prove you abandoned New York domicile

Source: New York Tax Law and case law on domicile


Scenario 3: Remote Worker Claiming Florida Domicile

Facts:

  • Former residence: California
  • Claimed Florida domicile: Moved to Florida, changed all legal documentation
  • Work: Remote work for California company
  • Days in each state: 200 days Florida, 165 days California

Tax analysis:

  • Florida: No tax (no income tax)
  • California: Likely claims statutory residency (165 days + abode) and/or domicile
  • California may audit and challenge Florida domicile claim

Risk factors:

  • Significant time still in California
  • Work for California company
  • Possible California business connections

Source: California Franchise Tax Board domicile audits


Burden of Proof

When a state challenges your Florida domicile claim:

Burden typically falls on taxpayer to prove:

  • You abandoned former state domicile
  • You established new Florida domicile with intent to remain
  • Your actions are consistent with Florida domicile

Common audit triggers for other states:

  • Maintaining driver’s license in former state while claiming Florida domicile
  • Owning property in former state (especially if more valuable than Florida property)
  • Family remaining in former state while individual claims Florida domicile
  • Professional licenses maintained in former state
  • Business interests remaining in former state
  • Minimal time actually spent in Florida

Source: Multi-state tax audit procedures


Multi-State Residency Conflicts

Possibility of dual residency: You can be considered a resident of two states simultaneously if each state’s rules independently classify you as a resident.

Example:

  • Domicile: Florida
  • Statutory residency: New York (due to 190 days present with Manhattan apartment)

Tax result:

  • Florida: No tax (no income tax)
  • New York: Taxes worldwide income as statutory resident
  • No credit available because Florida has no income tax

Resolution strategies:

  • Reduce days in New York below statutory threshold
  • Eliminate New York abode (permanent place of residence)
  • Maintain strong Florida domicile factors
  • Document time allocation carefully

Professional assistance recommended for:

  • High income individuals claiming Florida domicile
  • Those maintaining significant connections to former high-tax state
  • Anyone facing residency audit

Source: Multi-state taxation guidance


Audit Documentation

Documentation for Establishing Florida Domicile

Because other states often challenge Florida domicile claims (especially from former high-tax state residents), maintaining strong documentation is essential.

Primary Residency Evidence — Florida
Document Type What It Shows How to Obtain
Florida Driver's License Legal residence in Florida Florida DHSMV
Florida Voter Registration Exercise of voting rights in Florida County Supervisor of Elections
Florida Vehicle Registration Vehicle domiciled in Florida Florida DHSMV
Florida Homestead Exemption Primary residence claim County Property Appraiser
Critical action: Obtain all within 30–90 days of establishing Florida domicile.
Source: Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov)
Physical Presence Documentation — Florida
Document Type What It Shows How to Maintain
Day-Count Log Physical location by day Calendar/spreadsheet tracking
Travel Records Interstate travel patterns Save all travel reservations
Credit Card Statements Geographic spending patterns Monthly statements organized by year
Cell Phone Records Location data Request from carrier if needed
E-ZPass / SunPass Records State line crossings Download transaction history
Utility Bills Florida property occupancy Save all monthly bills
Best practice: Maintain contemporaneous day-count logs (track location daily, not retroactively).
Source: Multi-state tax audit defense guidance
Property and Financial Ties — Florida
Document Type What It Shows Action Required
Florida Property Ownership Real estate in Florida Record deed, homestead exemption
Sale of Former State Property Severed ties to former state Retain closing documents
Florida Bank Accounts Financial center in Florida Open Florida-based accounts
Florida Investment Accounts Investment domicile Transfer or open Florida accounts
Florida Safe Deposit Box Valuable documents stored in Florida Rent and document
Note: Owning property in another state does not prevent Florida domicile, but it raises scrutiny.
Social and Family Connections — Florida
Document Type What It Shows Relevance
Family Location Where spouse/children reside Strongest domicile factor
Medical Records Where you receive regular care Indicates primary residence
Religious Affiliation Place of worship attendance Social domicile
Club Memberships Social/recreational ties Community integration
Florida-based Organizations Florida civic involvement Intent to remain
Most important: Family location is the single strongest domicile factor. If your spouse and minor children remain in your former state, establishing Florida domicile becomes extremely difficult.
Intent Documentation — Florida
Document Type What It Shows When to Update
Will and Estate Documents Stated domicile for estate purposes Within 6 months of move
Power of Attorney Florida-based agents When establishing domicile
Healthcare Directives Florida governing law When establishing domicile
Trust Documents Florida trustees/governing law Consult attorney about amendments
Source: Estate planning and domicile documentation
Employment Documentation — Florida
For remote workers claiming Florida domicile
Document Type What It Shows Best Practice
Remote Work Agreement Authorization to work from Florida Obtain written agreement
Employer Location Documentation Where employer is based Document for tax purposes
Work Location Records Where work is physically performed Daily logs if working in multiple states
Form W-2 Employer's withholding state Verify proper state for withholding
Critical for remote workers: Document that work is performed in Florida, not in former state.

State-Specific Audit Triggers

Common patterns that trigger domicile audits by OTHER states when you claim Florida residency:

High-income threshold:

  • States prioritize audits of high-income individuals
  • Typical triggers: Income over $250,000-$500,000

Maintaining ties to former state:

  • Driver’s license in former state while claiming Florida domicile
  • Property ownership in former state (especially if larger/more valuable than Florida property)
  • Spouse/children remaining in former state
  • Business interests in former state
  • Professional practice in former state

Day count near threshold:

  • Spending 183 days or more in former state
  • Day count just under statutory residency threshold

New York specific triggers:

  • Former New York residents claiming Florida domicile
  • Maintaining New York property
  • New York-based employment
  • Family remaining in New York

California specific triggers:

  • Former California residents claiming Florida domicile
  • Working for California companies
  • Maintaining California business interests
  • California real estate holdings

Source: State revenue department audit procedures


Burden of Proof

When another state audits your Florida domicile claim:

Your burden: Prove you abandoned former domicile AND established Florida domicile with intent to remain permanently.

Evidence required:

  • Clear break from former state (sold home, terminated leases, changed all legal documents)
  • Affirmative establishment of Florida domicile (bought home, changed licenses, registered to vote, obtained homestead exemption)
  • Actions consistent with Florida domicile (live there majority of year, medical care, social connections)
  • Intent to remain in Florida indefinitely

Weak Florida domicile claims:

  • “Tax avoidance” as sole or primary motivation
  • Minimal time in Florida
  • Continued significant connections to former state
  • Temporary or tentative move to Florida

Strong Florida domicile claims:

  • Retired to Florida permanently
  • Family relocated to Florida
  • Sold former state property
  • Established strong Florida connections (medical, social, religious, civic)
  • Clear intent to remain

Source: State tax court decisions on domicile

Military Personnel

Servicemembers Civil Relief Act (SCRA)

Active duty military members stationed in Florida due to military orders are NOT required to claim Florida residency and do not become Florida residents solely due to military assignment.

What this means:

  • Service members maintain their home state domicile
  • Not taxed by Florida (Florida has no income tax anyway)
  • Pay income tax to their state of legal residence (domicile)

Florida-domiciled service members: If Florida is your home state of record:

  • You pay NO state income tax on military pay (Florida has no income tax)
  • Benefit from Florida’s no income tax policy while stationed anywhere

Source: Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4043)


Military Spouses Residency Relief Act (MSRRA)

Military spouses can maintain their home state residency when accompanying service member on orders to Florida.

What MSRRA means for non-Florida spouses in Florida:

  • Spouse maintains domicile in home state
  • Florida does not tax spouse’s income (Florida has no income tax)
  • Spouse pays income tax to their home state of domicile
  • Home state taxes spouse’s income earned in Florida

Example:

  • Service member: California domicile, stationed in Florida
  • Spouse: California domicile, works in Florida
  • Result: Florida does not tax spouse’s wages; California taxes as California domiciliary

Source: Veterans Benefits and Transition Act of 2018


What MSRRA means for Florida-domiciled military spouses:

If you are a Florida-domiciled military spouse stationed in another state with your service member:

  • You maintain Florida domicile
  • Pay NO state income tax (Florida has no income tax)
  • Other state cannot tax your income if you qualify under MSRRA

Requirements:

  • Spouse is in other state solely to be with service member
  • Service member is in other state under military orders
  • Spouse maintains Florida domicile

Example:

  • Service member: Texas domicile, stationed in California
  • Spouse: Florida domicile, works in California
  • Result: California cannot tax Florida spouse’s income; Florida has no income tax
  • Spouse owes no state income tax

Source: MSRRA provisions and state implementation


Military Retirement Pay

Florida treatment: Florida does not tax military retirement pay because Florida has no income tax on individuals.

Full exemption for all retirees:

  • 100% of military retirement pay is exempt from Florida state taxation
  • No age restrictions
  • No income limitations
  • Applies to all military retirement payments

Federal taxation: Military retirement pay is federally taxable but exempt from Florida state taxation.

Source: https://floridarevenue.com/taxes/Pages/default.aspx


What Military Members DO Pay Tax On

Florida perspective: Florida does not tax ANY income of Florida-domiciled military members or their spouses:

  • Military pay: Not taxed
  • Non-military income: Not taxed (Florida has no income tax)
  • Investment income: Not taxed
  • Business income: Not taxed (at individual level)

Federal taxation applies: Military members must pay federal income tax on:

  • Military pay
  • Other income sources (investments, business, rental, etc.)
  • Military retirement pay

Source: IRS Publication 3 (Armed Forces’ Tax Guide)

Retirees

Florida is widely recognized as one of the most tax-friendly states for retirees due to its lack of state income tax.

Social Security Benefits

Florida treatment: Florida does not tax Social Security benefits because Florida has no state income tax.

Full exemption:

  • 100% of Social Security retirement benefits are exempt from Florida taxation
  • 100% of Social Security disability benefits are exempt
  • 100% of Social Security survivor benefits are exempt
  • No income limitations
  • No age restrictions

Federal taxation: Social Security benefits may be federally taxable depending on your total income:

  • Single filers: Up to 85% taxable if income exceeds $25,000
  • Married filing jointly: Up to 85% taxable if income exceeds $32,000

Source: https://floridarevenue.com/taxes/Pages/default.aspx and IRS Publication 915


Pension Income

Florida treatment: Florida does not tax pension income because Florida has no state income tax.

All pensions exempt from Florida taxation:

Private sector pensions:

  • Corporate pensions: Not taxed by Florida
  • Union pensions: Not taxed by Florida
  • Multi-employer pensions: Not taxed by Florida

Public pensions:

  • Federal government pensions: Not taxed by Florida
  • State government pensions (any state): Not taxed by Florida
  • Local government pensions: Not taxed by Florida
  • Military retirement pay: Not taxed by Florida

No limitations:

  • No age restrictions
  • No income thresholds
  • 100% of pension income exempt from Florida state taxation

Federal taxation: Most pension income is federally taxable as ordinary income.

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Retirement Account Distributions

Florida treatment: Florida does not tax retirement account distributions because Florida has no state income tax.

All retirement distributions exempt from Florida taxation:

401(k) Plans:

  • Traditional 401(k) distributions: Not taxed by Florida
  • Roth 401(k) distributions: Not taxed by Florida
  • Rollovers: Not taxed by Florida

Individual Retirement Accounts (IRA):

  • Traditional IRA distributions: Not taxed by Florida
  • Roth IRA distributions: Not taxed by Florida
  • Required Minimum Distributions (RMDs): Not taxed by Florida
  • Early distributions (before age 59½): Not taxed by Florida

403(b) Plans:

  • Tax-sheltered annuity distributions: Not taxed by Florida

457 Plans:

  • Deferred compensation distributions: Not taxed by Florida

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Federal taxation of retirement distributions:

Traditional 401(k) and IRA:

  • Distributions taxed as ordinary income at federal level
  • Early withdrawal penalty (10%) may apply if under age 59½

Roth 401(k) and Roth IRA:

  • Qualified distributions: Tax-free federally (and state-wise, but Florida has no tax anyway)
  • Non-qualified distributions: Earnings may be taxable and penalized

Required Minimum Distributions (RMDs):

  • Required starting at age 73 (for those who turn 73 in 2023 or later)
  • Federally taxable as ordinary income
  • Not taxed by Florida

Source: IRS Publications 590-A and 590-B


Annuity Income

Florida treatment: Florida does not tax annuity income because Florida has no state income tax.

All annuity payments exempt from Florida taxation:

  • Immediate annuities: Not taxed by Florida
  • Deferred annuities: Not taxed by Florida
  • Fixed annuities: Not taxed by Florida
  • Variable annuities: Not taxed by Florida
  • Qualified annuities: Not taxed by Florida
  • Non-qualified annuities: Not taxed by Florida

Federal taxation: Annuity payments are partially taxable at federal level:

  • Portion representing earnings: Taxable
  • Portion representing return of principal: Not taxable
  • Tax treatment depends on whether annuity is qualified or non-qualified

Source: https://floridarevenue.com/taxes/Pages/default.aspx and IRS Publication 575


Investment Income for Retirees

Florida treatment: Florida does not tax investment income because Florida has no state income tax.

All investment income exempt from Florida taxation:

  • Interest income: Not taxed by Florida
  • Dividend income (qualified and non-qualified): Not taxed by Florida
  • Capital gains (short-term and long-term): Not taxed by Florida
  • Rental income: Not taxed by Florida
  • Royalty income: Not taxed by Florida

Federal taxation: Investment income is federally taxable:

  • Interest income: Taxed as ordinary income
  • Qualified dividends: Taxed at preferential rates (0%, 15%, 20%)
  • Long-term capital gains: Preferential rates (0%, 15%, 20%)
  • Short-term capital gains: Taxed as ordinary income

Source: https://floridarevenue.com/taxes/Pages/default.aspx and IRS Publications


Estate and Inheritance Taxes

Florida estate tax: Florida does not have a state estate tax.

Florida inheritance tax: Florida does not have a state inheritance tax.

What this means:

  • Estates of Florida residents are not subject to Florida estate tax
  • Beneficiaries receiving Florida property are not subject to Florida inheritance tax
  • Simplified estate administration compared to states with estate taxes

Federal estate tax: Federal estate tax applies to estates exceeding the federal exemption amount:

  • 2025 exemption: $13.99 million per individual ($27.98 million for married couples)
  • Federal estate tax rate: Up to 40%

Source: https://floridarevenue.com/taxes/Pages/default.aspx and IRS Estate and Gift Tax resources

Why Florida Is Tax-Friendly for Retirees
Summary of retirement income tax benefits
Income Type Florida Tax Federal Tax
Social Security 0% Potentially up to 85% taxable
Pension income 0% Generally taxable as ordinary income
401(k) / IRA distributions 0% Taxable as ordinary income (traditional accounts)
Roth IRA (qualified) 0% 0%
Investment income 0% Varies by income type
Military retirement 0% Taxable as ordinary income

Additional benefits:

  • No state estate tax
  • No inheritance tax
  • Simplified tax filing (only federal returns required)
  • More retirement income retained compared to high-tax states

Source: https://floridarevenue.com/taxes/Pages/default.aspx

Students

College students attending school in Florida do NOT automatically become Florida residents for tax purposes (not that it matters for income tax, as Florida has none).

Student Tax Considerations

State income tax: Florida does not have a state income tax, so students do not face Florida state income tax regardless of residency status.

What this means:

  • You do not file a Florida state income tax return
  • Florida does not tax wages earned from working in Florida
  • Florida does not tax scholarships or fellowships

Federal tax obligations: Students must still comply with federal tax requirements:

  • File federal return if income exceeds filing thresholds
  • Report wages, scholarships (for non-qualified expenses), and other income
  • May be eligible for education tax credits (American Opportunity, Lifetime Learning)

Source: https://floridarevenue.com/taxes/Pages/default.aspx and IRS Publication 970


Residency Status for Students

For tax purposes (not applicable in Florida): Because Florida has no income tax, residency status doesn’t affect state tax obligations.

For tuition purposes: Florida residency for in-state tuition is determined by different rules than tax residency. Contact your educational institution for Florida residency requirements for tuition purposes.

Students from other states: If you are a student from another state attending school in Florida:

  • You remain a resident of your home state for that state’s tax purposes
  • Florida does not tax your income
  • Your home state may tax income earned in Florida (as home state resident)

Example: New York resident attending University of Florida:

  • Earns $8,000 from part-time job in Gainesville, Florida
  • Florida: No tax on wages
  • New York: Taxes wages as part of worldwide income for New York resident
  • Federal: Reports wages on Form 1040 if filing threshold met

Source: State tax residency rules


Establishing Florida Residency as a Student

Students CAN establish Florida residency if they take affirmative steps showing intent to make Florida their permanent home:

Actions that establish Florida residency:

  • Register to vote in Florida
  • Obtain Florida driver’s license
  • Register vehicle in Florida
  • Purchase property in Florida
  • File Florida Declaration of Domicile
  • Maintain continuous presence beyond educational purposes
  • Obtain Florida professional licenses
  • Change permanent address on all accounts and documents

Actions that DO NOT establish Florida residency:

  • Simply attending college in Florida
  • Renting student housing
  • Having a Florida address for school mail
  • Temporary work during school terms

Why it matters:

  • Florida residency may qualify you for in-state tuition
  • If you establish Florida domicile, your former state loses the right to tax you as a domiciliary
  • Florida has no income tax, so establishing Florida residency has no state tax impact in Florida

Source: Florida residency establishment procedures


Income While a Student

Wages from Florida employment:

  • Florida: Not taxed (no income tax)
  • Home state: May be taxed if you remain a home state resident
  • Federal: Reportable on federal return

Scholarships and fellowships:

  • Amounts used for qualified education expenses: Not taxable federally or by Florida
  • Amounts used for non-qualified expenses (room, board): Taxable federally, not taxed by Florida
  • Florida has no income tax so does not tax any portion

Work-study income:

  • Florida: Not taxed
  • Federal: Taxable and reportable

Source: https://floridarevenue.com/taxes/Pages/default.aspx and IRS Publication 970

Part-Year Residents

If you moved TO or FROM Florida during 2025, you do not file a Florida part-year resident return because Florida does not have a state income tax.

Moving TO Florida

State income tax obligations:

Former state: File a part-year resident return (or non-resident return for remainder of year) reporting:

  • Income earned while a resident of former state
  • Dates of residency in former state

Florida: No return required (Florida has no income tax)

Federal: File federal Form 1040 reporting all income regardless of where earned or which state you lived in.

Example: Moved from Illinois to Florida on July 1, 2025:

Illinois:

  • File Illinois part-year resident return
  • Report income earned January 1 – June 30, 2025 while Illinois resident
  • Report income earned in Illinois July 1 – December 31 if physically worked there

Florida:

  • No return required

Federal:

  • Report all 2025 income on Form 1040

Source: Former state tax authority and https://floridarevenue.com/taxes/Pages/default.aspx


Moving FROM Florida

State income tax obligations:

Florida: No return required (Florida has no income tax)

New state: File part-year resident return reporting:

  • Income earned while a resident of new state
  • Dates of residency in new state

Federal: File federal Form 1040 reporting all income.

Example: Moved from Florida to North Carolina on September 1, 2025:

Florida:

  • No return required

North Carolina:

  • File North Carolina part-year resident return
  • Report income earned September 1 – December 31, 2025 as North Carolina resident
  • Prorate standard deduction and exemptions

Federal:

  • Report all 2025 income on Form 1040

Source: New state tax authority and https://floridarevenue.com/taxes/Pages/default.aspx


Income Allocation

General rule: Income is taxed by the state where you were a resident when the income was earned.

Florida’s position: Florida does not tax income earned while you were a Florida resident or income earned in Florida by part-year residents, because Florida has no income tax.

Other state requirements: When filing part-year resident returns in other states:

  • Report income earned while resident of that state
  • May need to report income from sources in that state
  • Prorate deductions and exemptions based on residency period

Source: Multi-state taxation rules


Wage Allocation for Part-Year Residents

Wages while Florida resident:

  • Florida: Not taxed (no income tax)
  • Other state: Not taxed (you were not a resident)
  • Federal: Fully taxable

Wages while other state resident:

  • Florida: Not taxed (no income tax)
  • Other state: Taxed as resident
  • Federal: Fully taxable

Source: State-by-state sourcing rules

Local Income Taxes

Florida does not permit local income taxes.

Neither municipalities nor counties in Florida are authorized to levy income taxes on individuals or businesses at the local level.

What this means:

  • No city income tax
  • No county income tax
  • Only state-level taxation (and Florida has no state income tax on individuals)

Other local taxes in Florida: While Florida prohibits local income taxes, local jurisdictions do levy:

  • Property taxes (county level)
  • Local option sales surtaxes (county level, 0% to 2%)
  • Tourist development taxes (certain counties)
  • Other special assessments

Source: https://floridarevenue.com/taxes/Pages/default.aspx

Common Tax Filing Situations

These are factual clarifications based on official guidance and tax law.


Situation: “My employer is in another state, so I don’t owe Florida tax”

Florida law: Correct, but not for that reason. You don’t owe Florida income tax because Florida does not have a state income tax, regardless of where your employer is located.

Important: Your home state may tax this income if you are a resident of another state.

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Situation: “I work remotely full-time from Florida, so I don’t owe tax anywhere”

Reality: You do not owe Florida income tax (Florida has none), but you may owe federal income tax and potentially tax to your home state if you are not a Florida resident.

Remote work does not exempt income from federal taxation. All income is taxable at the federal level.

Source: IRS Publication 17


Situation: “I moved to Florida, so I don’t have to worry about state taxes anymore”

Partially correct: Florida will not tax your income because Florida has no income tax. However:

  • Your former state may challenge your change of domicile
  • You must establish and document Florida domicile
  • Federal taxes still apply
  • If you spend significant time in another state, that state may claim you as a resident

Source: https://floridarevenue.com/taxes/Pages/default.aspx and state tax guidance


Situation: “I’m retired in Florida, so my pension isn’t taxed”

Correct for Florida: Florida does not tax your pension because Florida has no state income tax.

Federal taxes: Most pensions are federally taxable as ordinary income. Roth distributions may be tax-free.

Source: https://floridarevenue.com/taxes/Pages/default.aspx and IRS Publication 575


Situation: “I own property in Florida, so I’m a Florida resident and don’t owe New York tax”

Incorrect: Property ownership alone does not establish domicile. You must:

  • Intend to make Florida your permanent home
  • Take affirmative steps to abandon New York domicile
  • Establish Florida domicile with supporting actions
  • Expect to defend domicile claim if audited

If you successfully establish Florida domicile:

  • Florida: No income tax
  • New York: Cannot tax you as domiciliary (but may challenge claim)

Source: Domicile determination factors


Situation: “I’m a snowbird spending winters in Florida. I’m a Florida resident now.”

Likely incorrect: Spending winters in Florida does not automatically make you a Florida resident. You must:

  • Establish Florida as your permanent legal home
  • Abandon domicile in your former state
  • Change driver’s license, voter registration, etc.
  • Spend majority of time in Florida (ideally)
  • Intend to make Florida your permanent home

Without proper steps:

  • Your former state continues to tax you as a domiciliary
  • Florida has no income tax regardless

Source: Domicile establishment requirements


Situation: “Florida has no income tax, so I don’t need to file any tax returns”

Incorrect: You do not file a Florida state income tax return (because Florida has none), but you must still file:

  • Federal income tax return if you meet IRS filing thresholds
  • Tax returns in other states where required (if you earned income there or were a resident)

Source: IRS filing requirements and https://floridarevenue.com/taxes/Pages/default.aspx

Forms & Publications

Florida State Income Tax Forms

Florida does not have state income tax forms for individuals because Florida does not levy a state income tax.

No Florida forms required:

  • No resident income tax return
  • No non-resident income tax return
  • No part-year resident return
  • No estimated tax forms
  • No withholding forms (for state income tax purposes)
  • No extension forms (for state income tax)

Source: https://floridarevenue.com/pages/forms_index.aspx


Federal Tax Forms

Florida residents use standard federal tax forms:

Primary tax return form:

Common schedules:

  • Schedule 1: Additional Income and Adjustments to Income
  • Schedule 2: Additional Taxes
  • Schedule 3: Additional Credits and Payments
  • Schedule A: Itemized Deductions
  • Schedule B: Interest and Ordinary Dividends
  • Schedule C: Profit or Loss from Business (Sole Proprietorship)
  • Schedule D: Capital Gains and Losses
  • Schedule E: Supplemental Income and Loss

Download location: https://www.irs.gov/forms-instructions


Estimated tax forms:

Extension form:

Source: https://www.irs.gov/forms-instructions


Where to Submit Federal Returns

With payment: Varies by state – see Form 1040 instructions for Florida mailing address

Without payment: Varies by state – see Form 1040 instructions for Florida mailing address

E-filing (recommended): File electronically through IRS-approved tax software or Free File program

Source: IRS Form 1040 instructions


Key Federal Publications for Florida Residents

Publication 17: Your Federal Income Tax (For Individuals)

Publication 505: Tax Withholding and Estimated Tax

Publication 523: Selling Your Home

Publication 554: Tax Guide for Seniors

Publication 575: Pension and Annuity Income

Publication 590-A: Contributions to Individual Retirement Arrangements (IRAs)

Publication 590-B: Distributions from Individual Retirement Arrangements (IRAs)

Publication 970: Tax Benefits for Education

Source: https://www.irs.gov/forms-pubs


Penalties & Interest

Florida State Income Tax: Not Applicable

Because Florida does not have a state income tax, there are no Florida state penalties or interest for:

  • Late filing (no return to file)
  • Late payment (no tax to pay)
  • Underpayment of estimated taxes (no state estimated taxes required)

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Federal Penalties and Interest

Florida residents are subject to federal penalties and interest:

Late filing penalty (federal):

  • 5% of unpaid tax per month (or part of month)
  • Maximum: 25% of unpaid tax
  • Minimum penalty if return is over 60 days late: Lesser of $485 or 100% of unpaid tax

Late payment penalty (federal):

  • 0.5% of unpaid tax per month (or part of month)
  • Maximum: 25% of unpaid tax
  • Reduced to 0.25% per month if installment agreement in place

Interest on unpaid tax (federal):

  • Compounds daily
  • Rate: Federal short-term rate plus 3%
  • Current rate (as of Q1 2026): Check IRS.gov for current rate
  • Interest applies from due date until tax is paid in full

Underpayment of estimated tax penalty (federal): Applies if you did not pay enough tax through withholding or estimated payments.

Safe harbor provisions (avoid penalty if you paid):

  • 90% of current year’s tax liability, OR
  • 100% of prior year’s tax liability (110% if prior year AGI over $150,000)

Source: IRS penalty and interest information

Information Verification Log

Florida — Information Verification Log
Information Type Source Last Verified
No income tax status Florida Department of Revenue February 12, 2026
Constitutional authority Florida Constitution Article VII, Section 5 February 12, 2026
Corporate tax rate (5.5%) Florida Statutes Chapter 220 February 12, 2026
No local income tax Florida Department of Revenue February 12, 2026
Tax-free status verification Tax Foundation state tax data February 12, 2026

Official Resources

Florida State Resources

Florida Department of Revenue

  • Website: https://floridarevenue.com
  • Main phone: (850) 488-6800
  • Hours: Monday-Friday, 8:00 AM – 7:00 PM ET
  • Address: 5050 W Tennessee St, Tallahassee, FL 32399

Note: The Florida Department of Revenue does not administer individual income tax but can answer questions about Florida’s tax structure.


Florida Statutes (Official): https://www.leg.state.fl.us/statutes/

Florida Constitution (Official): https://www.leg.state.fl.us/statutes/index.cfm?submenu=3

Florida Legislature: https://www.leg.state.fl.us


Federal Resources

Internal Revenue Service (IRS)

Main website: https://www.irs.gov

Phone assistance:

  • Individual tax questions: 1-800-829-1040
  • Business tax questions: 1-800-829-4933
  • Hours: Monday-Friday, 7:00 AM – 7:00 PM local time

Forms and publications: https://www.irs.gov/forms-instructions

Where’s My Refund: https://www.irs.gov/refunds

Online account: https://www.irs.gov/payments/your-online-account

Source: https://www.irs.gov


Free Tax Assistance

VITA (Volunteer Income Tax Assistance): Free tax help for those earning $64,000 or less, persons with disabilities, and limited English speakers.

TCE (Tax Counseling for the Elderly): Free tax help for taxpayers age 60 and older.

AARP Tax-Aide: Free tax preparation for all ages (focus on age 50+).

Source: IRS and AARP

Summary: Key Points About Florida Income Tax

Florida’s Unique Status:

  1. Florida does NOT have a state income tax on individuals
  2. This is constitutionally protected (Florida Constitution Article VII, Section 5)
  3. Florida cannot implement an income tax without constitutional amendment

What This Means for Residents:

  • No state income tax on ANY form of personal income
  • No state tax returns to file
  • Keep more of gross income compared to high-tax states
  • Federal taxes still apply to all taxable income

What This Means for Non-Residents:

  • Florida does not tax non-residents on Florida-source income
  • No Florida tax return filing required
  • Home state may still tax the income

Retiree Benefits:

  • No state tax on Social Security benefits
  • No state tax on pensions
  • No state tax on 401(k)/IRA distributions
  • No state tax on investment income
  • No state estate or inheritance tax

Important Considerations:

  • Federal taxes still apply to all income
  • Other states may challenge Florida domicile claims
  • Property taxes, sales taxes, and other non-income taxes exist in Florida
  • Proper documentation essential when establishing Florida domicile

Source: https://floridarevenue.com/taxes/Pages/default.aspx and Florida Constitution

Where to Check for Updates

Florida State Tax Information

Florida Department of Revenue: https://floridarevenue.com

Note: Florida Department of Revenue does not administer individual income tax. The website provides information on other Florida taxes including:

  • Corporate income tax
  • Sales and use tax
  • Property tax (administered at county level)
  • Documentary stamp tax
  • Other state taxes

Source: https://floridarevenue.com/taxes/Pages/default.aspx


Florida Constitution: https://www.leg.state.fl.us/statutes/index.cfm?submenu=3

Article VII, Section 5 contains the constitutional provision prohibiting state income tax on natural persons.

Source: Official Florida Legislature website


Florida Statutes: https://www.leg.state.fl.us/statutes/

Chapter 220: Florida Income Tax Code (addresses corporate income tax, not individual)

Source: Official Florida Legislature website


Federal Tax Information

IRS Website: https://www.irs.gov

Current tax rates and brackets: https://www.irs.gov/newsroom/irs-provides-tax-inflation-adjustments-for-tax-year-2025

Forms and publications: https://www.irs.gov/forms-instructions

Tax law changes: https://www.irs.gov/newsroom/tax-reform

Source: Internal Revenue Service


Tax legislation: Congress.gov for federal tax legislation https://www.congress.gov

Note: This page will be reviewed and updated in January 2027 for any changes to Florida’s tax structure or federal requirements.

Tax Glossary

Domicile: Your permanent legal home – the place you intend to return to indefinitely. You can have only one domicile at a time.

Resident: For tax purposes, an individual who meets a state’s residency requirements through domicile or physical presence rules.

Non-Resident: Individual who does not meet a state’s residency requirements but may earn income from sources in that state.

Part-Year Resident: Individual who moved into or out of a state during the tax year.

Statutory Resident: Individual who meets a state’s residency test based on physical presence (typically 183+ days) even though their domicile is elsewhere.

Adjusted Gross Income (AGI): Total income minus specific deductions (e.g., IRA contributions, student loan interest). Used to calculate federal tax liability.

Taxable Income: Adjusted Gross Income minus standard deduction (or itemized deductions) and qualified business income deduction. The amount on which federal tax is calculated.

Withholding: Tax deducted from your paycheck by your employer and sent to tax authorities on your behalf. Florida does not have state income tax withholding; only federal withholding applies.

Estimated Taxes: Quarterly tax payments made by self-employed individuals and those with income not subject to withholding. Florida has no state estimated taxes; federal estimated taxes apply.

Tax Credit: Dollar-for-dollar reduction in tax owed (e.g., $500 credit reduces tax by $500). Florida has no individual income tax credits; federal credits apply.

Tax Deduction: Reduces taxable income (e.g., $500 deduction reduces taxable income by $500, saving $50-185 federally depending on bracket). Florida has no state deductions; federal deductions apply.

Standard Deduction: Fixed dollar amount subtracted from income before calculating tax. Available at federal level only (Florida has no income tax).

Filing Status: Category determining tax rates and standard deduction (Single, Married Filing Jointly, Head of Household, etc.). Applies to federal returns only.

Convenience of Employer Rule: Rule applied by some states (notably New York) that taxes remote workers’ income if they work from home for their own convenience rather than employer necessity.

Reciprocity: Agreement between states where residents working across state lines pay tax only to their state of residence. Florida has no reciprocal agreements because Florida has no income tax.

Update History

February 2026 – Initial Publication

  • Published comprehensive Florida income tax guide
  • Confirmed Florida’s no state income tax status
  • Verified constitutional authority (Article VII, Section 5)
  • Documented multi-state taxation considerations
  • Verified all federal filing requirements for 2025 tax year
  • Sources: Florida Constitution, Florida Department of Revenue, IRS

Verification Schedule

Annual Review: January (federal rate changes, Florida law changes) Mid-Year Review: June (legislative changes) Continuous Monitoring:

  • Federal tax law changes
  • Florida constitutional amendments
  • Court decisions affecting domicile or residency Source Link Check: Quarterly (all .gov URLs verified functional)

Last comprehensive update: February 12, 2026
Next scheduled review: January 2027

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current