Florida Tax Warrant - What It Means and What to Do Next
A Florida tax warrant is a legal document the Department of Revenue issues to collect unpaid taxes. Once issued, it functions as a judgment lien against everything a business owns, meaning real property, bank accounts, receivables, and equipment. If you have received notice of a tax warrant, or discovered one filed against you, the time to act is now. The DOR’s enforcement tools expand significantly once a warrant is in place, and the longer it sits unresolved, the narrower your options become.
Received a Florida Tax Warrant? Call Before the DOR Takes Further Action.
Ribeiro Law represents businesses and individuals responding to Florida tax warrants, proposed assessments, and DOR enforcement actions. Contact us today to discuss your situation.
What Is a Florida Tax Warrant?
A Florida tax warrant is issued by the Department of Revenue under Section 213.69, Florida Statutes, when a taxpayer has an unpaid tax liability that has become final and the DOR has been unable to collect it through ordinary means. The warrant is generally the step before the DOR starts collection efforts, such as a bank levvy.
How the DOR Gets to a Warrant
A warrant does not appear without warning. The process that leads to one typically follows this sequence: the DOR audits the taxpayer or identifies unfiled returns, issues a notice to identify that an audit has been initiated or an assessment has been issued, and allows 60 days for the taxpayer to pay or protest. If the assessment goes uncontested and unpaid, it becomes a Final Assessment. If the Final Assessment is ignored, the DOR files the warrant. In practice, many businesses first learn about a warrant too late, be it a bank levy, when it surfaces during a license renewal, or a real estate closing, not from the DOR directly.
What Happens After a Tax Warrant Is Filed?
Filing the warrant is not the end of the DOR’s collection efforts, rather, it is a step toward more aggressive collection efforts. Once the warrant is in place, the DOR has legal authority to use a range of collection tools.
Bank Account Levies
The DOR can issue a Notice of Freeze to any Florida financial institution where the taxpayer holds an account. The bank is required to freeze funds up to the amount of the warrant and remit them to the DOR. This can happen with little advance notice. A levy can affect operating accounts, payroll accounts, and accounts receivable, creating an immediate cash flow crisis for the business.
Seizure of Property
In cases of prolonged non-payment, the DOR has authority under Section 213.67, Florida Statutes, to seize and sell tangible personal property including inventory, equipment, and vehicles to satisfy the warrant. Seizure is a more drastic step that the DOR typically takes after other collection methods have failed, but it is a real enforcement option.
Effect on Business Licenses and Registrations
The DOR coordinates with other state agencies on outstanding warrant information. Businesses with active warrants may be unable to renew a sales tax registration, obtain a new certificate of registration, or pass the tax clearance checks required for certain state contracts and professional licenses. For businesses in regulated industries, a warrant can threaten the license on which the entire operation depends.
Can a Florida Tax Warrant Be Removed?
Yes. A Florida tax warrant can be resolved and ultimately released through several paths, depending on the nature and origin of the underlying liability.
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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.