Fla. Stat. 212.052
Research or development costs; exemption


(1)

For the purposes of the exemption provided in this section:The term “research or development” means research which has one of the following as its ultimate goal:
Basic research in a scientific field of endeavor.
Advancing knowledge or technology in a scientific or technical field of endeavor.
The development of a new product, whether or not the new product is offered for sale.
The improvement of an existing product, whether or not the improved product is offered for sale.
The development of new uses of an existing product, whether or not a new use is offered as a rationale to purchase the product.
The design and development of prototypes, whether or not a resulting product is offered for sale.

The term “research or development” does not include ordinary testing or inspection of materials or products used for quality control, market research, efficiency surveys, consumer surveys, advertising and promotions, management studies, or research in connection with literary, historical, social science, psychological, or other similar nontechnical activities.

The term “costs” means cost price as defined in s. 212.02(4).The term “product” means any item, device, technique, prototype, invention, or process which is, was, or may be commercially exploitable.

(a)

The term “research or development” means research which has one of the following as its ultimate goal:Basic research in a scientific field of endeavor.Advancing knowledge or technology in a scientific or technical field of endeavor.The development of a new product, whether or not the new product is offered for sale.The improvement of an existing product, whether or not the improved product is offered for sale.The development of new uses of an existing product, whether or not a new use is offered as a rationale to purchase the product.The design and development of prototypes, whether or not a resulting product is offered for sale.

The term “research or development” does not include ordinary testing or inspection of materials or products used for quality control, market research, efficiency surveys, consumer surveys, advertising and promotions, management studies, or research in connection with literary, historical, social science, psychological, or other similar nontechnical activities.

1. Basic research in a scientific field of endeavor.
2. Advancing knowledge or technology in a scientific or technical field of endeavor.
3. The development of a new product, whether or not the new product is offered for sale.
4. The improvement of an existing product, whether or not the improved product is offered for sale.
5. The development of new uses of an existing product, whether or not a new use is offered as a rationale to purchase the product.
6. The design and development of prototypes, whether or not a resulting product is offered for sale.

(b)

The term “costs” means cost price as defined in s. 212.02(4).

(c)

The term “product” means any item, device, technique, prototype, invention, or process which is, was, or may be commercially exploitable.

(2)

Notwithstanding any provision of this chapter to the contrary, any person, including an affiliated group as defined in s. 1504 of the Internal Revenue Code of 1954, as amended, who manufactures, produces, compounds, processes, or fabricates in any manner tangible personal property for such taxpayer’s own use directly and solely in research or development shall not be subject to the tax imposed by this chapter upon the cost of the product so manufactured, produced, compounded, processed, or fabricated.

(3)

This section does not apply to any product of research or development which is used by a person, including an affiliated group as defined in s. 1504 of the Internal Revenue Code of 1954, as amended, in the ordinary course of business, other than for research or development, except and to the extent that the knowledge, technology, science, design, plan, patent, or understanding which is derived from the product of research or development is applied in the ordinary course of business. In addition, this section does not apply to any product of research or development that is tangible personal property which is offered for sale.

(4)

Any person, including an affiliated group as defined in s. 1504 of the Internal Revenue Code of 1954, as amended, who makes a fraudulent claim under this section shall be liable for the payment of the tax due, together with the penalties set forth in s. 212.085, and as otherwise provided by law.

(5)

The department shall promulgate rules governing the implementation and operation of this section.

Source: Section 212.052 — Research or development costs; exemption, https://www.­flsenate.­gov/Laws/Statutes/2024/0212.­052 (accessed Aug. 7, 2025).

212.01
Short title
212.02
Definitions
212.03
Transient rentals tax
212.04
Admissions tax
212.05
Sales, storage, use tax
212.06
Sales, storage, use tax
212.07
Sales, storage, use tax
212.08
Sales, rental, use, consumption, distribution, and storage tax
212.09
Trade-ins deducted
212.11
Tax returns and regulations
212.12
Dealer’s credit for collecting tax
212.13
Records required to be kept
212.14
Departmental powers
212.15
Taxes declared state funds
212.16
Importation of goods
212.17
Tax credits or refunds
212.18
Administration of law
212.19
All state agencies to cooperate in administration of law
212.20
Funds collected, disposition
212.21
Declaration of legislative intent
212.031
Tax on rental or license fee for use of real property
212.051
Equipment, machinery, and other materials for pollution control
212.052
Research or development costs
212.054
Discretionary sales surtax
212.055
Discretionary sales surtaxes
212.081
Legislative intent
212.084
Review of exemption certificates
212.085
Fraudulent claim of exemption
212.096
Sales, rental, storage, use tax
212.097
Urban High-Crime Area Job Tax Credit Program
212.098
Rural Job Tax Credit Program
212.099
Credit for contributions to eligible nonprofit scholarship-funding organizations
212.133
Information reports required for sales of alcoholic beverages and tobacco products
212.134
Information returns relating to payment-card and third party network transactions
212.151
Jurisdiction of suits for violation of Florida Revenue Act of 1949
212.181
Determination of business address situs, distributions, and adjustments
212.183
Rules for self-accrual of sales tax
212.184
Rule of construction
212.185
Sales tax hotline
212.186
Registration number and resale certificate verification
212.202
Renaming and continuation of certain funds
212.205
Sales tax distribution reporting
212.211
Savings provision
212.0305
Convention development taxes
212.0306
Local option food and beverage tax
212.0501
Tax on diesel fuel for business purposes
212.0506
Taxation of service warranties
212.0515
Sales from vending machines
212.0596
Taxation of remote sales
212.0597
Maximum tax on fractional aircraft ownership interests
212.0598
Special provisions
212.0601
Use taxes of vehicle dealers
212.0602
Education
212.0606
Rental car surcharge
212.0801
Qualified aircraft exemption
212.0821
Legislative intent that political subdivisions and public libraries use their sales tax exemption certificates for purchases on behalf of specified groups
212.1831
Credit for contributions to eligible nonprofit scholarship-funding organizations
212.1832
Credit for contributions to eligible nonprofit scholarship-funding organizations
212.1833
Credit for contributions to the New Worlds Reading Initiative
212.1834
Credit for contributions to eligible charitable organizations
212.1835
Child care tax credits
212.03055
Super majority vote required for levy at rate in excess of 2 percent under ch. 95-290
212.05011
Combined rate for tax collected pursuant to ss
212.05965
Taxation of marketplace sales

Current through Fall 2025

§ 212.052. Research or development costs; exemption's source at flsenate​.gov