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Florida’s six-month rule: when a rental is exempt from tourist tax and sales tax
Last checked Oct 26, 2026 from official sources. Not tax advice.
Florida’s transient rental taxes apply to stays of six months or less. A genuine long-term lease is outside them, but the rule is narrower than many owners think.
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Check my countyReserve a founding placeWhat the law says
- Bona fide written lease over six months: Fla. Stat. 212.03(4) says the tax does not apply to a person who has entered into a bona fide written lease longer than six months for continuous residence.
- Stayed and paid for six months: a guest who resides continuously longer than six months and has paid the tax for the first six months is exempt for the remainder (212.03(4)). The Okaloosa and Bay County FAQs apply the same rule to the county tourist tax.
- No consideration, no tax: rooms provided with no consideration between guest and establishment are not taxed.
- Exempt guests: a guest who presents a Florida Consumer’s Certificate of Exemption and pays from the exempt entity (federal employees excepted) is exempt; county FAQs list this too.
Where owners go wrong
- A “snowbird” 3-month or 5-month stay is fully taxable. Six months or less is taxable.
- A month-to-month arrangement isn’t a written lease longer than six months.
- Keep the signed lease. Counties list lease agreements among the records an auditor will ask for (records and audits).
- Exempt months still need a return filed, reporting the rent as exempt. Okaloosa asks managers to report gross, exempt and taxable amounts.
Questions owners ask
Is a 6-month rental taxable in Florida?
Rentals of six months or less are subject to Florida transient rental tax and county tourist tax. The exemption needs a bona fide written lease longer than six months, or six months of continuous residence with tax paid.
Do I still file a return if my only tenant is on a long-term lease?
Counties such as Okaloosa and Bay require a return every period even with no taxable rentals; report the exempt rent as exempt.
Sources
- Fla. Stat. 212.03, transient rentals tax (checked Oct 26, 2026)
- Okaloosa Clerk, TDT FAQ (checked Oct 26, 2026)
- Bay County Tax Collector, TDT FAQ (checked Oct 26, 2026)
- Florida Department of Revenue, Sales and Use Tax (checked Oct 26, 2026)
Related
- Florida sales tax for vacation rentals: registering with the Department of Revenue
- Florida tourist development tax, explained
- Zero returns: why an empty month still needs a filing
- Florida vacation rental taxes
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