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Florida Communication Services Tax: What Businesses Need to Know

Florida’s Communication Services Tax is a tax applied to the routing of voice, data, audio, video, and other information or signals. It operates separately from Florida’s general sales tax, meaning Communication Services Tax (“CST”) has its own rates, exemptions, and filing requirements. For telecom providers, cable and satellite companies, streaming platforms, VoIP providers, and SaaS businesses offering communication features such as video, CST is a distinct compliance obligation, and one that the Florida Department of Revenue is beginning to audit more aggressively.

Understanding whether your product or service is subject to CST, what rates apply, and how to file correctly is not a simple exercise. Misclassification is one of the most common sources of audit exposure in this space.

What Is the Florida Communication Services Tax?

Communication Services Tax is established under Chapter 202, Florida Statutes. It was enacted to impose a tax on the retail sale of communication services in Florida, replacing a patchwork of prior local taxes. CST applies at both the state and local level, with local rates varying by county. CST applies to transmissions of voice, data, audio, video, or any other information or signals. Similar to sales tax, CST is an indirect tax, meaning the tax is paid by the customer to a service provider, who then remits the tax to the state. The filing return for CST is the DR-700016, which is a distinct form from the Florida Sales and Use Tax Return, Form DR-15. These are separate returns with separate due dates, and mixing them up is a compliance error the Department identifies readily.

What Businesses Are Subject to CST?

The types of business the are selling a service or product subject to CST is broader than many expect, and has expanded as the nature of communication services has evolved. The following categories of businesses should evaluate their CST exposure carefully.

Traditional Telecommunications Providers

Landline telephone companies and wireless carriers are squarely within the CST framework. These businesses have generally been compliant for years, but changes in service bundling and technology-driven service migration continue to create classification questions.

VoIP Providers

VoIP services are subject to CST under Florida law. Section 202.11(8), Florida Statutes, defines “communication services” to include the transmission of voice using internet protocol, and the Department has consistently treated VoIP as taxable. Providers that sell VoIP as a standalone service or as a component of a broader platform are required to collect and remit CST.

 Cable and Satellite Companies

Cable television and direct broadcast satellite services are expressly covered under Chapter 202. The applicable rates and local surcharges differ from voice services, and providers operating across multiple Florida counties must apply the correct local rate based on the customer’s service address.

Streaming Services

Streaming video and audio services transmitted to Florida subscribers are subject to CST under Section 202.11(9), Florida Statutes, which defines communication services to include one-way transmission of video or audio programming. As technology has changed, and the way people consume content has shifted, the Florida DOR has shifted their position on this topic. The current guidance identifies that streaming subscriptions are communication services taxable under Chapter 202. Businesses in this space that have been reporting under the wrong tax framework, or not reporting at all, face significant back-period exposure.

SaaS Platforms with Embedded Communication Features

Video streaming is the area of greatest emerging risk. Software companies that embed communication features into their platforms, such as in-app messaging, video conferencing, SMS notifications, voice calling, or real-time data transmission, may be selling a communication service as part of a bundled offering. Florida’s bundled transaction rules under Chapter 202 are strict, and a business model where software contains a taxable element cold taint the whole transaction. Meaning, the entire amount billed for the software could be subject to CST.

This intersection of SaaS and CST is also a multistate issue. Many states have adopted varying approaches to taxing communication features embedded in SaaS products, and a Florida CST determination does not answer the question in other jurisdictions. Businesses with multistate operations need to evaluate each state’s framework independently.

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Ribeiro Law is based in Boca Raton, Florida and represents businesses throughout Florida and nationally on sales tax, audit defense, and multistate compliance matters. Consultations are available by phone, video, and in-person.

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