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Key Facts: FL Tax Law Specialist Exam

5 years

Minimum Florida Bar membership required (4 with a tax LL.M.)

The Florida Bar - Tax Law Certification Standards

500 hours/year

Substantial involvement in tax law required for 3 years

The Florida Bar - Tax Law Certification Standards

90 hours

Approved tax CLE required within 3 years

The Florida Bar - Tax Law Certification Standards

$15,000,000

2026 federal basic exclusion amount (IRC 2010)

One Big Beautiful Bill Act amendment to IRC 2010(c)(3)

$0.70 / $100

Florida documentary stamp tax rate on deeds (s. 201.02)

Chapter 201, Florida Statutes

100+

Free practice questions here

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Florida Bar Board Certified - Tax Law is administered by The Florida Bar Board of Legal Specialization & Education to attorneys with at least 5 years of Florida Bar membership (4 with a tax LL.M.), 500+ hours/year of tax practice for 3 years, 90 hours of tax CLE, and favorable peer review. The approximately 6-hour written exam (essay + multiple-choice; fee $250 application + $150 exam; commonly approximately 70% to pass) covers federal individual income tax (IRC 61, 121, 1014, 1222, 1411), corporate and partnership taxation (IRC 11, 301, 351, 701, 704, 731, 752, 1361, 199A), estate/gift/GST tax (IRC 2010 with the 2026 $15M exclusion, 2031-2056, 2503, 2601), IRS practice and procedure (IRC 6501, 6511, 6212, 7491, 6662, Circular 230), Florida state taxation (no personal income tax, documentary stamp tax under ch. 201, 5.5% corporate income tax under ch. 220, 6% sales/use tax under ch. 212), and tax-exempt organizations and planning (IRC 501(c)(3), 511-513 UBIT, 664 charitable trusts). Recertification is required every 5 years.

Sample FL Tax Law Specialist Practice Questions

Try these sample questions to review concepts for the FL Tax Law Specialist exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1A single, cash-method taxpayer receives a $5,000 bonus check from her employer on December 30, 2025, but deposits it on January 3, 2026. Under the federal income tax doctrine that governs cash-method taxpayers, in which year is the $5,000 includible in gross income?
A.2025, because the check was set apart and available to her without substantial restriction
B.2026, because that is when the funds were deposited and cleared
C.Either year, at the taxpayer's election under IRC 451
D.Neither year until the employer reports it on a Form W-2
Explanation: Under the constructive receipt doctrine (Reg. 1.451-2), a cash-method taxpayer must include income when it is credited, set apart, or otherwise made available so she can draw upon it, even if not actually reduced to possession. A check available on December 30, 2025 is constructively received in 2025.
2A taxpayer's home is destroyed by a hurricane in a federally declared disaster area, and his insurance reimbursement exceeds his adjusted basis in the property. Which Internal Revenue Code provision allows him to elect to defer recognition of the realized gain if he reinvests the proceeds in qualifying replacement property within the statutory period?
A.IRC 1031 (like-kind exchange)
B.IRC 1033 (involuntary conversions)
C.IRC 121 (sale of principal residence exclusion)
D.IRC 1041 (transfers incident to divorce)
Explanation: IRC 1033 permits nonrecognition of gain on an involuntary conversion (including casualty) when the taxpayer reinvests the proceeds in property similar or related in service or use within the replacement period (generally two years, extended for disaster-area residences). Basis carries over reduced by deferred gain.
3Which of the following items is excluded from a recipient's gross income under the Internal Revenue Code?
A.Punitive damages received in a personal physical injury lawsuit
B.Interest received on a state income tax refund
C.Compensatory damages received on account of personal physical injuries or physical sickness
D.Severance pay received upon termination of employment
Explanation: IRC 104(a)(2) excludes damages (other than punitive) received on account of personal physical injuries or physical sickness. The physical-injury nexus is required after the 1996 amendment limiting the exclusion to physical harm.
4An individual taxpayer has $40,000 of net long-term capital gain from selling stock held three years and a $10,000 net short-term capital loss in the same year. How are these netted for federal income tax purposes?
A.The short-term loss first offsets ordinary income up to $3,000, then the remainder offsets the long-term gain
B.The long-term gain is taxed at ordinary rates because a short-term loss converts it to ordinary income
C.The two amounts are reported separately and cannot be netted against each other
D.The short-term loss is netted against the long-term gain, leaving $30,000 of net capital gain taxed at preferential rates
Explanation: Under IRC 1222, short-term and long-term items are first netted within their classes, then the net short-term and net long-term figures are combined. A $10,000 net short-term loss offsets the $40,000 net long-term gain, yielding $30,000 of net capital gain eligible for preferential rates.
5A married couple sells their principal residence, which they owned and used as their main home for the last four years, realizing a $400,000 gain. Assuming they file jointly and meet the ownership-and-use test, what is the maximum gain they may exclude under IRC 121?
A.$500,000
B.$250,000
C.$400,000 in full only if they reinvest in a new home
D.$0, because the residence-rollover provision was repealed
Explanation: IRC 121 allows a married couple filing jointly to exclude up to $500,000 of gain on the sale of a principal residence if either spouse meets the ownership test and both meet the two-of-five-years use test. Their entire $400,000 gain is excludible.
6Which of the following best describes the federal income tax treatment of the alimony deduction and inclusion for a divorce or separation instrument executed after December 31, 2018?
A.Alimony is deductible by the payor and includible by the payee
B.Alimony is neither deductible by the payor nor includible by the payee
C.Alimony is deductible by the payor but excluded by the payee
D.Alimony is includible by the payee but not deductible by the payor
Explanation: The Tax Cuts and Jobs Act eliminated the alimony deduction (former IRC 215) and the corresponding inclusion (former IRC 71) for divorce or separation instruments executed after December 31, 2018. Such payments are now tax-neutral.
7A high-income taxpayer realizes $200,000 of net investment income (interest, dividends, and capital gains) and has modified adjusted gross income well above the applicable threshold. What additional federal tax may apply to this investment income?
A.The alternative minimum tax preference adjustment only
B.The 0.9% additional Medicare tax under IRC 3101
C.The 3.8% net investment income tax under IRC 1411
D.No additional tax, because investment income is already taxed at preferential rates
Explanation: IRC 1411 imposes a 3.8% net investment income tax on the lesser of net investment income or the excess of modified AGI over the threshold ($250,000 married filing jointly, $200,000 single). It applies on top of the regular income tax on investment income.
8Under the federal income tax rules, what is the proper treatment of an individual's gambling losses for a taxpayer who is not a professional gambler?
A.Fully deductible as an above-the-line adjustment to income
B.Deductible in full as a business expense under IRC 162
C.Nondeductible in all circumstances
D.Deductible as an itemized deduction only to the extent of gambling winnings
Explanation: Under IRC 165(d), a casual gambler may deduct gambling losses only as an itemized deduction and only to the extent of gambling winnings reported in gross income. Excess losses are not deductible and do not carry over.
9A taxpayer receives a distribution from a traditional IRA at age 52 that is not rolled over and does not qualify for any statutory exception. In addition to ordinary income tax on the distribution, what federal consequence generally applies?
A.A 10% additional tax on the early distribution under IRC 72(t)
B.A 6% excise tax on excess contributions under IRC 4973
C.A 50% excise tax for failure to take a required minimum distribution
D.No additional consequence because the funds were already taxed
Explanation: IRC 72(t) imposes a 10% additional tax on distributions from a qualified retirement plan or IRA made before the taxpayer reaches age 59-1/2, unless a statutory exception applies (e.g., death, disability, substantially equal periodic payments). A 52-year-old with no exception owes the 10% penalty.
10An employee receives nonqualified stock options with no readily ascertainable fair market value at grant. Under the general federal income tax rule, when does the employee recognize ordinary compensation income?
A.At grant, equal to the option's intrinsic value
B.At exercise, equal to the spread between fair market value and the exercise price
C.At the eventual sale of the stock, as capital gain only
D.Never, because options are excluded from gross income
Explanation: Under IRC 83 and Reg. 1.83-7, a nonqualified option without a readily ascertainable value at grant is taxed at exercise; the employee recognizes ordinary income equal to the bargain element (FMV at exercise minus exercise price). The amount becomes part of the stock's basis.

About the FL Tax Law Specialist Exam

Florida Bar Board Certification in Tax Law is the credential awarded by The Florida Bar's Board of Legal Specialization & Education (BLSE) to attorneys demonstrating special competence in tax law, defined as legal issues involving federal, state, or local income, estate, gift, ad valorem, excise, and other taxes. Certification requires active Florida Bar membership for at least five years (four with a tax LL.M.), 500 or more hours per year of substantial involvement in tax law for three years, 90 hours of approved tax CLE, favorable peer review, and passing an approximately six-hour written examination combining essay and multiple-choice questions. The exam tests federal individual, corporate, and partnership income tax, estate/gift/generation-skipping transfer tax, IRS practice and procedure, Florida state taxation, and tax-exempt organizations and planning. The designation must be renewed every five years.

Exam sponsor: The Florida Bar Board of Legal Specialization & Education. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Approximately 6 hours (one day)

Passing Score

Set per area by the Board (commonly approximately 70%)

Exam / Certification Fees

$250 application + $150 exam

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

18%

Federal Individual Income Tax

Gross income and the constructive receipt doctrine (IRC 61, Reg. 1.451-2), exclusions for damages and fringe benefits (IRC 104, 106), municipal bond interest (IRC 103), capital gains and loss netting (IRC 1222), basis of inherited (IRC 1014) and gifted (IRC 1015) property, the principal-residence exclusion (IRC 121), involuntary conversions (IRC 1033), passive activity losses (IRC 469), the 3.8% net investment income tax (IRC 1411), self-employment tax (IRC 1401), and cancellation-of-debt income (IRC 61/108)

18%

Corporate & Partnership Taxation

C corporation double taxation and the 21% rate (IRC 11), distributions and earnings and profits (IRC 301, 311, 316), corporate formation nonrecognition (IRC 351), dividends-received deduction (IRC 243), liquidations (IRC 331), S corporation eligibility (IRC 1361), Subchapter K pass-through taxation (IRC 701), partnership contributions (IRC 721), distributions (IRC 731), liability allocation (IRC 752), special allocations and substantial economic effect (IRC 704(b)), built-in gain (IRC 704(c)), guaranteed payments (IRC 707(c)), the QBI deduction (IRC 199A), and check-the-box classification

16%

Estate, Gift & GST Tax

The unified transfer tax with the 2026 $15M basic exclusion and 40% top rate (IRC 2010, 2001), gross estate inclusion including retained interests (IRC 2036) and life insurance (IRC 2042), alternate valuation (IRC 2032), valuation discounts (IRC 2031), unlimited marital (IRC 2056) and charitable (IRC 2055) deductions, gift tax annual exclusion and qualified transfers (IRC 2503(b)/(e)), gift splitting (IRC 2513), completed-gift rules (Reg. 25.2511-2), Crummey powers, portability (DSUE), GRATs (IRC 2702), and generation-skipping transfer tax (IRC 2601)

18%

IRS Practice & Procedure / Controversy

Assessment statute of limitations (IRC 6501, including the 6-year omission and fraud exceptions), collection statute (IRC 6502, 10-year CSED), refund claims (IRC 6511), the statutory notice of deficiency and Tax Court (IRC 6212-6213), choice of litigation forum, burden of proof (IRC 7491), accuracy-related (IRC 6662) and civil fraud (IRC 6663) penalties, reasonable cause (IRC 6664), failure-to-pay penalty (IRC 6651), offers in compromise (IRC 7122), collection due process (IRC 6320, 6330), Circular 230 duties, IRC 7525 practitioner privilege, innocent spouse relief (IRC 6015), the BBA partnership audit regime, and IRC 7430 cost recovery

14%

Florida State Taxation

No state individual income tax under the Florida Constitution (Art. VII, s. 5), documentary stamp tax on deeds at $0.70 per $100 and notes at $0.35 per $100 (ch. 201; s. 201.02, 201.08), the nonrecurring intangible tax on mortgages (ch. 199), corporate income tax based on federal taxable income at 5.5% (ch. 220), sales and use tax at 6% plus discretionary surtaxes (ch. 212; s. 212.054), the homestead exemption and Save Our Homes cap (ch. 196; Fla. Const.), commercial-rent tax (s. 212.031), successor liability (s. 212.10), reemployment tax (ch. 443), and chapter 72 tax controversy procedure

16%

Tax-Exempt Organizations & Planning

Charitable exemption under IRC 501(c)(3), the private inurement prohibition and intermediate sanctions (IRC 4958), unrelated business income tax (IRC 511-513), public charity versus private foundation status (IRC 509) and foundation excise taxes (IRC 4940-4945, including self-dealing under 4941), Form 990 filing and automatic revocation (IRC 6033(j)), lobbying limits and the 501(h) election, the political campaign prohibition (IRC 4955), charitable remainder annuity and unitrusts and lead trusts (IRC 664), donor-advised funds (IRC 4966), qualified charitable distributions (IRC 408(d)(8)), gifts of appreciated stock (IRC 170), and family limited partnerships with valuation discounts

Preparing for the FL Tax Law Specialist Exam

What You Need to Know

  • Passing score: Set per area by the Board (commonly approximately 70%)
  • Assessment: Question count not published by the exam provider
  • Time limit: Approximately 6 hours (one day)
  • Exam / certification fees: $250 application + $150 exam Official sources

Using Our Practice Resources

  • Work through all 200 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

FL Tax Law Specialist: Suggested Study Strategy

1Master the federal income tax core first - gross income and exclusions, capital gains netting under IRC 1222, basis rules (IRC 1014 step-up versus IRC 1015 carryover), and the Subchapter K partnership provisions (701, 704, 721, 731, 752). These supply the largest share of questions and underpin the more advanced planning topics
2Memorize the 2026 transfer tax numbers cold: the $15,000,000 basic exclusion and GST exemption (IRC 2010), the $19,000 annual gift tax exclusion (IRC 2503(b)), and the 40% top rate. Know the unlimited marital (IRC 2056) and charitable (IRC 2055) deductions and the IRC 2503(e) tuition and medical qualified-transfer exclusion
3Drill the IRS procedure timelines until automatic: 3-year assessment statute (IRC 6501), 6-year substantial-omission exception, unlimited period for fraud or non-filing, 10-year collection statute (IRC 6502), the 90-day deficiency petition window (IRC 6213), and the IRC 6511 refund look-back. Procedure questions reward precise recall of deadlines
4Learn Florida's tax regime as a distinct subject: there is no individual income tax, but there is documentary stamp tax on deeds ($0.70/$100) and notes ($0.35/$100) under chapter 201, a nonrecurring intangible tax on mortgages, a 5.5% corporate income tax under chapter 220, and a 6% sales and use tax under chapter 212. Watch the $2,450 note cap and Miami-Dade rate variations
5For exempt organizations, distinguish public charities from private foundations (IRC 509) and know the foundation excise taxes (IRC 4940-4945), the absolute private inurement and political campaign prohibitions, UBIT (IRC 511-513), and the split-interest charitable trusts (CRAT, CRUT, and CLAT under IRC 664). Pair these with appreciated-stock gifts and qualified charitable distributions
6Practice planning-vehicle comparisons that the exam loves to test side by side: GRAT versus CLAT, CRAT versus CRUT, donor-advised fund versus private foundation, and family limited partnership valuation discounts. Understand both the income tax and the transfer tax consequences of each technique

Frequently Asked Questions

What does it take to become Florida Bar Board Certified in Tax Law?

You must be an active Florida Bar member in good standing for at least 5 years (4 years if you hold a tax LL.M.), demonstrate substantial involvement of 500 or more hours per year in tax law for the 3 years preceding application, complete 90 hours of approved tax law certification CLE within those 3 years, obtain favorable peer review from attorneys and judges familiar with your work, and pass the written tax law certification examination administered by The Florida Bar Board of Legal Specialization & Education.

How is the Florida tax law certification exam structured?

The exam is an approximately six-hour written examination combining essay and multiple-choice questions. It tests federal individual, corporate, and partnership income tax; estate, gift, and generation-skipping transfer tax; IRS practice and procedure; Florida state taxation; and tax-exempt organizations and planning. The Florida Bar does not publish a fixed question count, and the passing standard is set per area (commonly around 70%). The fee is approximately $250 application plus $150 exam.

Does Florida have a state income or estate tax that the exam covers?

Florida imposes no individual income tax (prohibited by Article VII, section 5 of the Florida Constitution) and no state estate or inheritance tax. The exam's Florida component instead focuses on the documentary stamp tax (chapter 201), the corporate income tax (chapter 220 at 5.5%, based on federal taxable income), the sales and use tax (chapter 212 at 6%), the nonrecurring intangible tax on mortgages, the homestead exemption, and Florida tax controversy procedure under chapter 72.

What is the 2026 federal estate and gift tax exclusion tested on the exam?

For 2026, the basic exclusion amount (unified credit) is $15,000,000 per person, increased by the One Big Beautiful Bill Act amendment to IRC 2010(c)(3). The GST exemption is also $15,000,000, the gift tax annual exclusion is $19,000 per donee, and the top federal estate, gift, and GST tax rate remains 40%. A married couple may shelter a combined $30,000,000 with proper planning and portability.

How is partnership income taxed under Subchapter K, a core exam topic?

A partnership is a pass-through entity under IRC 701; it pays no entity-level federal income tax and instead files Form 1065 while each partner reports a distributive share on a Schedule K-1. Contributions of property are generally tax-free (IRC 721), distributions are tax-free until cash exceeds outside basis (IRC 731), liability shifts adjust basis (IRC 752), special allocations must have substantial economic effect (IRC 704(b)), and built-in gain on contributed property is allocated to the contributor (IRC 704(c)).

What IRS controversy rules are most heavily tested?

Key procedure topics include the three-year assessment statute (IRC 6501, with a six-year omission exception and unlimited period for fraud), the ten-year collection statute (IRC 6502), refund-claim deadlines (IRC 6511), the statutory notice of deficiency and 90-day Tax Court petition window (IRC 6212-6213), the burden-of-proof shift (IRC 7491), accuracy-related (IRC 6662) and civil fraud (IRC 6663) penalties with the reasonable-cause defense (IRC 6664), offers in compromise (IRC 7122), collection due process (IRC 6330), and Circular 230 ethics.

How long should I study for the Florida tax law certification exam?

Most candidates devote roughly 150-250 hours over four to six months while continuing to practice. Because the exam spans the entire Internal Revenue Code plus Florida's distinctive state-tax regime, candidates typically prioritize federal income tax (individual, corporate, and partnership), then transfer taxes and IRS procedure, and finish with Florida state taxation and exempt-organization planning.