Dean Mead Attorneys French Brown and Daniel McGinn Publish “Florida Corporate Income Tax – Department of Revenue Cannot Ignore Own Cost of Performance Rule”

Published: April 26, 2023

(Orlando, FL) Published via The Florida Bar Tax Section Bulletin, the article, “Florida Corporate Income Tax – Department of Revenue Cannot Ignore Own Cost of Performance Rule”, shares French Brown’s and Daniel McGinn’s collective thoughts on the Final Judgment in Case No. 2021-CA-2158, Target Enterprise, Inc. (TEI) v. State of Florida Department of Revenue (DOR), which addressed the DOR’s proposed adjustments to TEI’s corporate income tax liability.

The article presents details of the case with specific reference to the Cost of Performance Rule. As published, “The Court recognized the rule looks to where the costs were incurred to perform the relevant services. If the greater portion of the costs were incurred outside of Florida, then taxpayer has a numerator of zero, and therefore a Florida sales factor of zero … If the opposite were true, then the entirety of the receipts would bee recorded in the numerator of the sales factor.” Visit the following link to review the full article:

French Brown is a Florida state and local tax lawyer with more than a dozen years of experience practicing both with and before the Department of Revenue. He represents some of Florida’s largest trade associations and taxpayers before the Florida Legislature, directly working on and advocating for many of the major tax legislation passed in recent years benefiting both companies and taxpayers. To learn more about French visit:

Daniel McGinn is an experienced attorney who is proficient in navigating regulatory frameworks to get to his client’s desired outcome and devises creative solutions for his client’s concerns. His practice focuses on Florida state and local tax disputes and aiding clients in complying with the operations and policies of Florida’s regulatory agencies. To learn more about Daniel visit:

Featured Professionals