Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12 - Departmental › Chapter 12-26 - REFUNDS › Section 12-26.009 - Refund/Offset Within an Audit

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				213.34(3),
				F.S., authorizes the Department to correct by credit or refund any overpayment
				of tax, penalty, or interest revealed in an audit and to make assessments for
				any deficiency of tax, penalty, or interest determined to be due. Section
				213.34(4),
				F.S., further authorizes the Department to offset the overpayment of any tax
				discovered during an audit against any deficiency of tax, penalty, or interest
				determined to be due during the audit, notwithstanding the provisions of
				Section 215.26, F.S. The procedures
				regarding this authority as set forth in this rule shall be implemented upon
				the effective date of the rule.
(2)
				For the purposes of this rule section, the following terms shall have the
				meaning ascribed to them except where the context clearly indicates a different
				meaning:
(a) "Audit period" shall mean the
				period of time established by a notice of intent to conduct an audit issued by
				the Department during which the Department's power to make an assessment under
				Section 95.091(3),
				F.S., or grant a refund under Section
				215.26(2),
				F.S., has not terminated.
(b)
				"Filing period" shall mean the taxable period as reported on the returns under
				audit.
(c) "Same audit period"
				shall mean:
1. The period of time under audit
				for two or more taxes which are listed on the same notice of intent to conduct
				an audit.
2. The period of time
				under audit for two or more taxes which are listed on different notices of
				intent to conduct an audit when at least eighty percent (80%) of the audit
				period established by the second notice of intent to conduct an audit falls
				within the audit period established by the first notice of intent to conduct an
				audit. For example:
a. A notice of intent to
				conduct an audit dated 2/8/95 is issued for sales and use tax. This notice
				establishes an audit period of 1/90-12/94. Subsequently, a second notice of
				intent to conduct an audit dated 3/10/95 is issued for corporate income tax.
				This notice establishes the tax years ending 12/31/89-12/31/93 as the period
				under audit. Since eighty percent (80%) of the audit period established by the
				second notice of intent to conduct an audit falls within the audit period
				established by the first notice of intent to conduct an audit, the audit
				periods covered by these two notices would be considered the same audit
				period.
b. A notice of intent to
				conduct an audit dated 11/3/93 is issued for corporate income tax. This notice
				establishes the tax years ending 12/31/88-12/31/92 as the period under audit.
				Subsequently, a notice of intent to conduct an audit dated 2/8/95 is issued for
				sales and use tax. This notice establishes the audit period of 1/90-12/94.
				Since only sixty percent (60%) of the audit period established by the second
				notice of intent to conduct an audit falls within the audit period established
				by the first notice of intent to conduct an audit, the audit periods covered by
				these two notices would NOT be considered the same audit
				period.
(d)
				"Tax Category" shall mean an individual tax administered by the Department of
				Revenue under the authority provided in Section
				72.011, F.S. For purposes of
				this rule, all taxes reported on the Florida Department of Revenue Insurance
				Premium Taxes and Fees Tax Return, Form DR-908, incorporated by reference in
				Rule 12B-8.003, F.A.C., are
				considered to be one tax category.