reglab/statecodes huggingface dataset:
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-1 - CORPORATE INCOME TAX › Section 12C-1.343 - Interest Computations

Current through Reg. 50, No. 138; July 16, 2024
(1) The interest
				rate on any underpayment of tax or on any overpayment will be determined
				pursuant to section 220.807, F.S.
(2)
(a)
				Interest on any overpayment accrues from the date the taxpayer files written
				notice with the Department. However, if an overpayment is refunded or credited
				within 3 months after the date upon which the taxpayer files written notice
				advising the Department of the overpayment, no interest is allowed on such
				overpayment.
(b) The term "written
				notice" is defined in subsection
				12C-1.003(6),
				F.A.C.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The terms "Just Value, Just Valuation, Cash Value, Full Cash
				  Value, Present Cash Value, Market Value, Actual Value and Value" are
				  synonymous. These terms mean the price which the vendor's interest would bring
				  if offered for sale by one who desires to sell but is not compelled to sell,
				  and bought by one willing to buy but not compelled to buy, with both seeking to
				  maximize their gains and neither being in a position to take advantage of the
				  other.
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 196.199(2)(b)
					 FS.
New 4-17-72, Amended 9-27-76, Formerly 12C-2.01, Amended
					 11-21-91, 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.002 - Property Subject to Tax - Annual and Nonrecurring (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.023,
					 199.032,
					 199.042,
					 199.052,
					 199.057,
					 199.062,
					 199.103,
					 199.133,
					 199.135,
					 199.143,
					 199.145,
					 199.155,
					 199.175,
					 199.183,
					 199.185,
					 199.202
					 FS.
New 4-17-72, Amended 12-20-73, 11-17-74, Formerly 12C-2.02,
					 Amended 11-21-91, 10-9-01, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.003 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.183,
					 199.185,
					 213.12(2)
					 FS.
New 4-17-72, Amended 12-20-73, 11-17-74, 4-21-75, Formerly
					 12C-2.03, Amended 11-21-91, 10-9-01, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.004 - Property Subject to Tax - Government Leasehold Estates and Nonrecurring

Current through Reg. 50, No. 138; July 16, 2024
(1) Tax on Governmental Leasehold Estates -
				All leases of government-owned property are subject to an annual tax if rental
				payments are due as consideration for the lease, unless the lessee serves or
				performs a governmental, municipal, or public purpose or function as defined in
				Section 196.012, F.S.
(2)
(a) A
				nonrecurring tax is imposed at the rate of $2.00 per thousand dollars (2 mills)
				of the value of a note or other obligation for payment of money that is secured
				by a mortgage, deed of trust, or other lien on Florida real property.
(b) The following are examples of property
				subject to the nonrecurring tax:
1. Agreements
				or contracts for deed.
2.
				Agreements not to encumber real property if the agreement attaches as a lien on
				the real property.
3. Future
				Advances - to the extent secured by a lien on Florida real property.
4. Line of Credit - to the extent secured by
				a lien on Florida real property, as described in Section
				199.143,
				F.S.
(c) Example: Note
				and mortgage given to secure loan with a principal amount of $1,000,000.
Tax computation:
Principal
$1,000,000.00
Tax rate
x .002
____________
Tax due
$2,000.00
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.005 - Reporting Requirements - Due Date - Payment of Tax - Discounts Allowed

Current through Reg. 50, No. 138; July 16, 2024
(1) Governmental Leasehold -
(a)
1.
				Every person, regardless of domicile, who leases property from a governmental
				entity in this state, is required to file a return with the Department. All
				intangible personal property subject to tax is required to be assessed at its
				value as of January 1 of each year. The tax is to be reported on a Governmental
				Leasehold Intangible Personal Property Tax Return (Form DR-601G, incorporated
				by reference in Rule 12C-2.0115, F.A.C.). The return
				and the tax are due on or before June 30 of each year.
2. A return, accompanied with tax due, for
				the current tax year, that is postmarked or delivered to the Department on or
				before June 30 of the tax year will be considered timely filed. A return that
				bears a postmark, or is delivered to the Department, after June 30 of the tax
				year is delinquent. When June 30 falls on a Saturday, Sunday, or legal holiday,
				returns postmarked or delivered to the Department on the next succeeding
				workday will be filed timely. For purposes of this rule, a legal holiday means
				a holiday that is observed by federal or state agencies as a legal holiday as
				this term is defined in Chapter 683, F.S., and s. 7503 of the Internal Revenue
				Code of 1986, as amended. A "legal holiday" pursuant to s. 7503 of the Internal
				Revenue Code of 1986, as amended, means a legal holiday in the District of
				Columbia or a statewide legal holiday at a location outside the District of
				Columbia but within an internal revenue district.
3. The following discounts may be claimed for
				early payment when the return and payment are postmarked or delivered to the
				Department on or before the last day of the month of the following periods:
a. 4% during January and February;
b. 3% during March;
c. 2% during April;
d. 1% during May;
e. No discount during
				June.
4. The postmark
				date will determine the date of payment for payments mailed to the department.
				If no postmark is available, the date indicated by the taxpayer on the return
				signature line or the date of delivery to the Department will be the date of
				payment.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.006 - Taxable Situs - Reporting Requirements - Who Shall File a Return (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.052,
					 199.057,
					 199.062,
					 199.175,
					 199.202
					 FS.
New 4-17-72, Amended 12-20-73, 11-17-74, 9-27-76, 9-6-77,
					 Formerly 12C-2.06, Amended 11-21-91, 1-5-94, 6-2-98, 10-9-01, 5-4-03, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.0061 - Transfer of Intangible Personal Property to Certain Out-of-State Entities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.052,
					 199.175
					 FS.
New 6-2-98, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.0062 - Management or Control (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.052,
					 199.175
					 FS.
New 6-2-98, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.0063 - Intangible Personal Property Held in Trusts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.052,
					 199.175
					 FS.
New 6-2-98, Amended 10-9-01, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.007 - Penalties and Interest

Current through Reg. 50, No. 138; July 16, 2024
(1) Delinquent
				Penalty. A delinquent penalty of 10 percent of the tax due, per month or
				portion of a month, will accrue on the governmental leasehold estates
				intangible tax and the nonrecurring intangible tax that is not paid on or
				before the due date. The delinquent penalty will not exceed 50 percent of the
				tax due.
(2) Late Filing Penalty. A
				late filing penalty of 10 percent of the tax due, per month or portion of a
				month, will accrue on governmental leasehold estates intangible tax returns not
				filed on or before the due date. The late filing penalty will not exceed 50
				percent of the tax due.
(3) The
				combined penalties provided in subsections (1) and (2) will not exceed 10
				percent of the tax due per month, or portion of a month, and is limited to 50
				percent of the tax due.
(4)
				Undervaluation Penalty. Governmental leasehold estate property which has been
				reported at an amount less than market value is subject to a specific
				undervaluation penalty of 10 percent of the tax due attributed to the
				undervaluation.
(5)
(a) Interest accrues at the rate of interest
				established pursuant to Section
				213.235, F.S., and Rule
				12-3.0015, F.A.C. (prorated
				daily).
(b) Interest is due based
				on the amount of tax paid after June 30 of the tax year regardless of any
				extension of time granted by the Department for paying the tax or filing a
				return. Interest accrues on the unpaid tax beginning July 1 of the tax year and
				is calculated through and including the date of
				payment.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.0075 - Amnesty Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 199.2825,
					 213.06 FS. Law Implemented
					 120.53(1),
					 199.202,
					 199.282(2),
					 199.2825
					 FS.
New 4-8-87, Repealed
					 6-12-95.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.008 - Information Reports (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.052,
					 199.057,
					 199.062,
					 199.185,
					 607.1622,
					 733.702
					 FS.
New 4-17-72, Amended 12-20-73, 4-21-75, Formerly 12C-2.08,
					 Amended 7-31-90, 11-21-91, 1-5-94, 10-9-01, 5-4-03, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.009 - Assessment Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202,
					 213.06(1) FS.
					 Law Implemented 199.103,
					 199.232
					 FS.
New 4-17-72, Formerly 12C-2.09, Amended 11-21-91, Repealed
					 6-12-95.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.010 - Valuations

Current through Reg. 50, No. 138; July 16, 2024
(1) Leases of Governmental Property.
(a) The value of a lease of governmental
				property described in subsection
				12D-3.003(3),
				F.A.C., is determined by valuing the lease payments for the remaining term of
				the lease on January 1 of the tax year, subject to the following provisions:
1. The lease payments to be valued do not
				include any amount for taxes, interest, insurance, repairs, maintenance,
				exclusive franchise or concession fees, costs of utilities, or similar charges
				required to be paid the lessor, and include only the amount paid by the lessee
				for the use of real or tangible property provided or owned by the governmental
				lessor, whether designated as a fixed sum, a percentage, or a variable
				amount.
2. If lease payments are
				nominal amounts, such as $1 or $10 per year, or the payments are significantly
				less than a fair market rental for the property, the annual fair market rent
				which would be paid by the lessee in the open market for comparable property
				under similar terms and circumstances will be the lease payment to be
				valued.
3. If payments required by
				the lease are based on some factor other than the passage of time, such as a
				percentage of sales or profits, the lease payment to be valued will be based on
				the average annual rent actually paid by the lessee in prior years, providing
				the amount so determined is not nominal or significantly less than the fair
				market rental for the property. The average annual rental used will be
				determined from the amounts paid by the lessee for a period not to exceed the
				previous five years. If the average so determined is nominal or is
				significantly less than fair market value for the property, the lease payment
				to be discounted will be the annual fair market rental for the
				property.
4. Otherwise, the
				annualized lease payment required under the lease is the amount to be valued.
				The valuation factors to be used are based on the Federal Reserve discount rate
				- Atlanta - on the last business day of the preceding year, plus one percent.
				Valuation Factor Tables determined by the Department based on that discount
				rate, plus one percent, are annually published in a Taxpayer Information
				Publication and posted to the Department's Revenue Law Library at
www.floridarevenue.com
.
5. The period for which the lease payments
				are to be valued is the number of years remaining under the lease, exclusive of
				renewal options, as of January 1 of the tax year. The year in which the lease
				will expire is to be considered a full year for the purpose of this
				rule.
6. If the final period for
				which the lease payment is to be valued is less than a year, the lease payment
				is to be valued using the 1 year value factor and the tax apportioned based on
				the number of months during the year that the lease is in
				effect.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.0105 - Tax Credits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202(2),
					 213.06(1) FS.
					 Law Implemented 199.104,
					 199.106
					 FS.
New 5-18-93, Amended 10-9-01, Repealed
					 1-28-08.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.011 - Administration

Current through Reg. 50, No. 138; July 16, 2024
(1) Nonrecurring Tax - Payments made directly
				to Department.
Only nonrecurring tax due on obligations or advances made
				  under instruments which have been previously recorded or which are not normally
				  recorded or which are not normally taxed at the time of recording may be paid
				  directly to the Department. This will include, but will not be limited to, tax
				  payments due on an advance made under a future advance clause of a recorded
				  mortgage on real property, advances made under a revolving line of credit
				  secured by a recorded mortgage on real property, or the obligation created
				  under an agreement or contract for deed.
(2) Persons paying the nonrecurring tax
				directly to the Department are required to file a report using the format
				described below to report and pay the tax:
(a)
1. Include the taxpayer's name, mailing
				address, city and state, and the taxpayer's identification number.
2. Identify the obligation for which tax is
				being paid, including the following:
a. The
				name of the obligor;
b. The county
				in which the real property is located;
c. The official record book and page number
				of the recording, if any;
d. The
				parcel number assigned by the county property appraiser or legal
				description;
e. The amount on which
				tax is being paid;
f. The date on
				which obligation or advance was made; and,
g. The amount of
				tax.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.0115 - Public Use Forms

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The following public use forms and
				instructions are employed by the Department in its dealings with the public
				related to administration of the intangible tax. These forms are hereby
				incorporated and made a part of this rule by reference.
(b) Copies of these forms are available,
				without cost, by one or more of the following methods:
1) downloading the form from the Department's
				website at www.floridarevenue.com/forms; or,
2) calling the Department at (850)488-6800,
				Monday through Friday (excluding holidays); or,
3) visiting any local Department of Revenue
				Service Center; or,
4) writing the
				Florida Department of Revenue, Taxpayer Services, Mail Stop 3-2000, 5050 West
				Tennessee Street, Tallahassee, Florida 32399-0112. Persons with hearing or
				speech impairments may call the Florida Relay Service at 1(800)955-8770 (Voice)
				and 1(800)955-8771 (TTY).
Form Number
Title
Effective Date
(2)
DR-601G
Governmental Leasehold Intangible Personal Property
							 Tax Return (R. 01/16)
(
http://www.flrules.org/Gateway/reference.asp?No=Ref-06349
)
01/16
(3)
DR-602G
Governmental Leasehold Intangible Personal Property
							 Tax Application for
Extension of Time to File Return (R. 01/16)
(
http://www.flrules.org/Gateway/reference.asp?No=Ref-06350
)
01/16
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.012 - Refunds

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Any
				person entitled to a refund of intangible personal property taxes may seek a
				refund by filing an Application for Refund (Form DR-26, incorporated by
				reference in Rule 12-26.008, F.A.C.) with the
				Department. Form DR-26 must be in accordance with the timing provisions of
				Section 215.26(2),
				F.S., and must meet the requirements of Sections
				213.255(2) and
				(3), F.S., and Rule
				12-26.003, F.A.C.
(b) Form DR-26, Application for Refund, must
				be filed with the Department within three (3) years after the date the tax was
				paid.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-2 - INTANGIBLE PERSONAL PROPERTY TAX › Section 12C-2.013 - Disposition of Taxes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 199.202 FS. Law Implemented
					 199.202
					 FS.
New 4-17-72, Amended 12-20-73, Formerly 12C-2.13, Repealed
					 11-17-74.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.001 - When Return Is to Be Filed and Basis for the Tax (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.02,
					 198.03,
					 198.04,
					 198.05,
					 198.12,
					 198.13,
					 198.14,
					 198.15,
					 198.32
					 FS.
New 2-19-72, Amended 5-23-77, Formerly 12C-3.01, Amended
					 1-11-93, 8-25-94, Repealed
					 12-13-94.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.0015 - Affidavit - No Florida Estate Tax Due

Current through Reg. 50, No. 138; July 16, 2024
(1) No
				Florida estate tax is due and no Florida estate tax return is required to be
				filed by the personal representative of an estate when the decedent died on or
				after January 1, 2005.
(2)
(a) When the personal representative is not
				required to file a federal estate tax form (Form 706 or 706-NA), an Affidavit
				of No Florida Estate Tax Due (Form DR-312, incorporated by reference in Rule
				12C-3.008, F.A.C.) may be filed
				with the clerk of the circuit court in every county where the decedent owned
				real property to remove any Florida estate tax lien on the decedent's real
				property. This affidavit is admissible as evidence that no Florida estate tax
				is due by the estate.
(b) When the
				personal representative is required to file a federal estate tax form (Form 706
				or 706-NA) and owes no Florida estate tax, an Affidavit of No Florida Estate
				Tax Due When Federal Return is Required (Form DR-313, incorporated by reference
				in Rule 12C-3.008, F.A.C.) may be filed
				with the clerk of the circuit court to remove any Florida estate tax lien on
				the decedent's real property. This affidavit is admissible as evidence that no
				Florida estate tax is due by the estate.
(c) When the decedent died on or after
				January 1, 2005, the personal representative of an estate is not required to
				file the affidavits in this subsection for probate proceedings commenced on or
				after July 1, 2023, or for probate proceedings pending on July 1, 2023, for
				which an order of final discharge has not been
				entered.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.002 - Resident Decedents Credit for Death Taxes Paid to Other States (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.02,
					 198.03,
					 198.04
					 FS.
New 2-19-72, Amended 5-23-77, Formerly 12C-3.02, Amended
					 1-11-93, 8-25-94, Repealed
					 12-13-94.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.0025 - Jointly Owned Property (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.02,
					 198.03,
					 198.04
					 FS.
New 12-13-94, Repealed
					 1-20-14.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.003 - Calculation of the Tax upon Estates of Florida Nonresident Decedents and Alien Decedents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.02
					 FS.
New 2-19-72, Formerly 12C-3.03, Amended 1-11-93, 8-25-94,
					 Repealed 12-13-94.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.0035 - Calculation of Tax upon Resident Decedent Estates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.02
					 FS.
New 12-13-94, Amended 1-22-01, Repealed
					 1-20-14.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.004 - Releases (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.03,
					 198.22
					 FS.
New 2-19-72, Amended 9-6-77, Formerly 12C-3.04, Amended
					 1-11-93, 8-25-94, Repealed
					 12-13-94.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.0045 - Calculation of Tax upon Nonresident Decedent Estates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.03,
					 198.22
					 FS.
New 12-13-94, Amended 1-22-01, Repealed
					 1-20-14.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.005 - Limitation of Tax (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented Article VII, Section 5, Florida Constitution 1968,
					 198.04
					 FS.
New 2-19-72, Formerly 12C-3.05, Amended 8-25-94, Repealed
					 12-13-94.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.0055 - Calculation of Tax upon Nonresident Alien Decedent Estates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.04
					 FS.
New 12-13-94, Amended 1-22-01, Repealed
					 1-20-14.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.006 - Information Confidential

Current through Reg. 50, No. 138; July 16, 2024
No private person, firm or corporation shall be entitled to
				  receive a copy of or any information relative to the value of any estate or any
				  particulars set forth or disclosed in any report or return required to be filed
				  with the Department under Chapter 198, F.S., without the expressed written
				  consent of a person signing such report or return or their attorney as the same
				  appears in the records of the Department.
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.32,
					 213.053
					 FS.
New 2-19-72, Formerly 12C-3.06, Amended 8-25-94,
					 12-13-94.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.007 - Interest on Overpayment of Taxes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.29 FS., Decision of Supreme
					 Court of Florida in case of Mailman v. Green, 111 So. 2d
					 267.
New 2-19-72, Formerly 12C-3.07, Repealed
					 4-14-09.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.008 - Public Use Forms

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The following public-use forms and
				instructions are employed by the Department in its administration of the
				Florida estate tax and are hereby adopted by reference.
(b) Copies of these forms are available,
				without cost, by one or more of the following methods:
1) downloading these forms from the
				Department's website at floridarevenue.com/forms; or,
2) calling the Department at (850)488-6800,
				Monday through Friday (excluding holidays); or,
3) writing the Florida Department of Revenue,
				Taxpayer Services, Mail Stop 3-2000, 5050 West Tennessee Street, Tallahassee,
				Florida 32399-0112. Persons with hearing or speech impairments may call the
				Florida Relay Service at 1(800)955-8770 (Voice) and 1(800)955-8771 (TTY).
Form Number
Title
Effective Date
(2) DR-312
Affidavit of No Florida Estate Tax Due
(
http://www.flrules.org/Gateway/reference.asp?No=Ref-16275
)
01/24
(3) DR-313
Affidavit of No Florida Estate Tax Due When Federal
							 Return is Required
(
http://www.flrules.org/Gateway/reference.asp?No=Ref-16276
)
01/24
(4) F-706
Florida Estate Tax Return (R. 10/13)
(
http://www.flrules.org/Gateway/reference.asp?No=Ref-03611
)
01/14
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.009 - Penalties and Interest (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.15,
					 198.16,
					 198.18,
					 198.37,
					 198.38,
					 198.39,
					 198.40,
					 213.235
					 FS.
New 4-2-78, Formerly 12C-3.09, Amended 1-11-93, 8-25-94,
					 4-2-00, Repealed 4-14-09.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.010 - Final Certificate and Nontaxable Certificate Mailing Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) When the decedent died prior to January
				1, 2005, Section 198.19, F.S., requires that a
				Final Certificate be issued to the personal representative. However, if an
				attorney is representing the estate and files the estate tax return, the Final
				Certificate will be mailed to the attorney, and a copy of the Final Certificate
				transmittal letter will be sent to the personal representative. Otherwise, the
				Final Certificate will be mailed to the personal representative. If it is
				determined that no estate taxes are due to the State of Florida, the Department
				(upon receipt of a $5.00 fee for each certificate requested) will issue a
				Nontaxable Certificate to the personal representative, administrator, curator,
				heirs, devisees, or legatees of the decedent.
(2) For decedents who died on or after
				January 1, 2005, the Department will not issue a Final Certificate or
				Nontaxable Certificate to the personal representative of the estate, as defined
				in Section 198.01(2), F.S.
				The personal representative may file an Affidavit of No Florida Estate Tax Due
				(Form DR-312, incorporated by reference in Rule
				12C-3.008, F.A.C.) or an
				Affidavit of No Florida Estate Tax Due When Federal Return is Required (Form
				DR-313, incorporated by reference in Rule
				12C-3.008, F.A.C.), as provided
				in Rule 12C-3.0015, F.A.C., to evidence
				that no Florida estate tax liability is due.
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.13(2),
					 198.19
					 FS.
New 6-7-78, Formerly 12C-3.10, Amended 1-11-93, 8-25-94,
					 12-13-94, 4-14-09, 1-20-14.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.011 - Tax on Generation-Skipping Transfers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.031,
					 198.08,
					 198.155
					 FS.
New 8-25-94, Amended 12-13-94, Repealed
					 1-20-14.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.012 - Releases (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 198.08,
					 213.06(1) FS.
					 Law Implemented 198.22
					 FS.
New 8-25-94, Amended 12-13-94, 1-22-01, 5-4-03, Repealed
					 1-20-14.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12C-3 - ESTATE TAX › Section 12C-3.013 - Protest Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 72.011,
					 198.08,
					 213.06(1),
					 213.21 FS. Law Implemented
					 72.011,
					 198.08,
					 213.21
					 FS.
New 8-25-94, Amended 1-22-01, Repealed
					 4-14-09.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12CER23 - Emergency Rule for Year 2023 › Section 12CER23-8 - Experiential Learning Tax Credit Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For purpose of this rule,
				the following terms mean:
(a) "Department"
				means the Florida Department of Revenue.
(b) "Apprentice" means a person at least 16
				years of age who is engaged in learning a recognized skilled trade through
				actual work experience under the supervision of journeyworker craftspersons,
				which training should be combined with properly coordinated studies of related
				technical and supplementary subjects, and who has entered into a written
				agreement, which may be cited as an apprentice agreement, with an
				apprenticeship sponsor registered by the Florida Department of Education who
				may be either an employer, an association of employers, or a local joint
				apprenticeship committee.
(c) "Full
				time" means at least 30 hours per week.
(d) "Preapprentice" means any person 16 years
				of age or over engaged in any course of instruction in the public school system
				or elsewhere, which course is registered as a preapprenticeship program with
				the Florida Department of Education.
(e) "Qualified business" means a business
				that is in existence and has been continuously operating for at least 3
				years.
(f) "Student intern" means a
				person who has completed at least 60 credit hours at a state university or 15
				credit hours at a Florida College System institution, regardless of whether the
				student intern receives course credit for the internship; a person who is
				enrolled in a career center operated by a school district under Section
				1001.44, F.S., or a charter
				technical career center; or any graduate student enrolled at a state
				university.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12CER23 - Emergency Rule for Year 2023 › Section 12CER23-9 - Credit for Manufacturing of Human Breast Milk Derived Human Milk Fortifiers

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
				For purpose of this rule, the following terms mean:
(a) "Credit" means the credit for
				manufacturing of human breast milk derived human milk fortifiers authorized
				under Section 220.1991, F.S.
(b) "Department" means the Florida Department
				of Revenue.
(c) "Qualifying
				manufacturing equipment" means equipment for use in the production of human
				breast milk derived human milk fortifiers:
1.
				That can be sold as a product using a pasteurization or sterilization process;
				and
2. That is in compliance with
				all applicable United States Food and Drug Administration provisions.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12CER24 - Emergency Rule for Year 2024 › Section 12CER24-2 - Credit for Qualified Railroad Reconstruction or Replacement Expenditures

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For purposes of this rule,
				the following terms mean:
(a) "Credit" means
				the credit for qualified railroad reconstruction or replacement expenditures
				authorized under Section
				220.1915, F.S.
(b) "Qualified expenditures" means gross
				expenditures made in Florida by a qualifying railroad during the taxable year
				in which the credit is claimed, provided such expenditures were made for track
				that was owned or leased by a qualifying railroad on the last day of the prior
				calendar year, and were:
1. For the
				maintenance, reconstruction, or replacement of railroad infrastructure,
				including track, roadbed, bridges, industrial leads and sidings, or
				track-related structures which were owned or leased by the qualifying railroad;
				or
2. For new construction by the
				qualifying railroad of industrial leads, switches, spurs and sidings, and
				extensions of existing sidings located in Florida.
(c) "Qualifying railroad" means any Class II
				or Class III railroad operating in Florida on the last day of the calendar year
				prior to the taxable year for which the credit is claimed, pursuant to the
				classifications in effect for that year as set by the United States Surface
				Transportation Board or its successor.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12C - Corporate, Estate and Intangible Tax › Chapter 12CER24 - Emergency Rule for Year 2024 › Section 12CER24-3 - Individuals with Unique Abilities Tax Credit Program

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The
				following form is used by the Department in its administration of the
				Individuals with Unique Abilities Tax Credit Program. This form is hereby
				incorporated by reference in this rule.
(b) Copies of the form are available, without
				cost, by one or more of the following methods:
1) downloading the form from the Department's
				website at floridarevenue.com/forms; or,
2) calling the Department at (850)488-6800,
				Monday through Friday, (excluding holidays); or,
3) writing the Florida Department of Revenue,
				5050 West Tennessee Street, Tallahassee, Florida 32399-0100. Persons with
				hearing or speech impairments may call the Florida Relay Service at
				1(800)955-8770 (Voice) and 1(800)955-8771 (TTY).
Form Number
Title
Effective Date
(2) F-11992
Florida Individuals with Unique Abilities Tax Credit
							 Program Application for Tax Credit
07/24
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-1 - GENERAL RULES › Section 12D-1.001 - Reference to Statutes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 195.027 FS. Law Implemented
					 195.027
					 FS.
New 10-12-76, Formerly 12D-1.01, Repealed
					 2-25-96.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-1 - GENERAL RULES › Section 12D-1.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise stated or unless otherwise clearly indicated
				  by the context in which a particular term is used, all terms used in this
				  chapter shall have the same meanings as are attributed to them in the current
				  F.S. In this connection, reference is made to the definitions contained in
				  Sections 192.001,
				  196.012, and
				  197.102, F.S.
(1) "Assessment Roll" - A systematic listing
				of information for the orderly levying or imposition of a tax on property
				including, among other things, the name of the party assessed, the description
				of the property, the value as fixed by the property appraiser or other proper
				tribunal, the millage levied for various purposes by the proper authority, and
				the amount of tax. The term "tax roll" may be used interchangeably with
				"assessment roll."
(2) "Just Value"
				- "Just Valuation", "Actual Value" and "Value" - Means the price at which a
				property, if offered for sale in the open market, with a reasonable time for
				the seller to find a purchaser, would transfer for cash or its equivalent,
				under prevailing market conditions between parties who have knowledge of the
				uses to which the property may be put, both seeking to maximize their gains and
				neither being in a position to take advantage of the exigencies of the
				other.
(3) "Livestock" - Animals
				kept or raised for use or pleasure, especially farm animals kept for use and
				profit. Livestock is further defined as those kinds of domestic animals and
				fowls which are normally susceptible to confinement within boundaries without
				seriously impairing their utility, and the intrusion of which upon the land of
				others normally causes harm to land or to crops thereon.
(4) "Taxpayer" - The person or other legal
				entity in whose name the property is assessed. The terms "owner" and
				"possessor" may be used interchangeably with "taxpayer" where the context so
				indicates.
(5) "Tax Roll" or "Tax
				Rolls" - The term "tax roll" or "tax rolls" may be used interchangeably with
				"assessment roll" or "assessment rolls."
(6) "Assessed value of property" - When
				applied to homestead property, means the assessed value as limited by Article
				VII, Section 4(d) of the State Constitution.
(7) "Homestead" and "Homestead Property" -
				Means that property described in Article VII, Section 6(a) of the State
				Constitution.
Rulemaking Authority
					 195.027(1),
					 213.06(1) FS.
					 Law Implemented 192.001,
					 193.085,
					 193.461
					 FS.
New 10-12-76, Formerly 12D-1.02, Amended 12-27-94,
					 2-25-96.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-1 - GENERAL RULES › Section 12D-1.003 - Situs of Personal Property for Assessment Purposes

Current through Reg. 50, No. 138; July 16, 2024
Personal property not specifically addressed by this rule
				  shall be assessed at its tax situs as determined pursuant to Sections
				  192.001(11), 192.032 and 192.042 of the F.S.
(1) Tangible personal property physically
				located in a county on January 1 on a temporary or transitory basis which is
				habitually located or typically present in another county, may be taxed by
				either, but not both, of such counties.
(a) If
				the tangible personal property is included in a tax return filed in the county
				where the property is habitually located or typically present, that county
				shall tax the property. It shall be the duty of the owner of the property to
				file a copy of the return in the county where the property is habitually
				located or typically present, with the property appraiser of the county in
				which, on January 1, the property is habitually located or typically present.
				The copy shall identify the property included in the return and shall be
				accompanied by a written statement by the signer of the return that the return
				has actually been filed with the property appraiser of the county in which the
				property is habitually located or typically present.
(b) If the owner of tangible personal
				property temporarily or transitorily located in a county on January 1, fails or
				refuses to file a copy of the return and a statement by the signer as provided
				in paragraph (a), with the property appraiser of that county, the appraiser
				shall place the property on the Tangible Personal Property Assessment Roll for
				the county.
(c) The following
				definitions are applicable to this rule:
1.
				The phrase "habitually located or typically present" shall mean the place where
				an object is generally kept for use or storage, the place to which an object is
				consistently returned by its owner for use or storage.
2. The term "temporarily and transitorily
				located" shall mean the place where an object is found for a short duration for
				limited utilization with an intention to remove the same to another place where
				it is usually used or stored.
Florida Administrative Code › 12 - DEPARTMENT OF REVENUE › 12D - Property Tax Oversight Program › Chapter 12D-1 - GENERAL RULES › Section 12D-1.005 - Access to Financial Records

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				property appraiser of each county, duly authorized representatives of the
				Department, and duly authorized representatives of the Auditor General shall
				have the right to inspect and copy financial records relating to non-homestead
				property which are reasonably necessary to determine the property assessment of
				the property in question.
(a) Access to a
				taxpayer's records shall be provided only where it is determined that such
				records are necessary to determine the classification or value of the taxable
				non-homestead property.
(b) This
				section shall apply to all real and personal property physically located within
				the state, and within the county in question on January 1 of the year for which
				inspection is sought.
(c) The types
				of records which this section covers shall include, but not be limited to, the
				following in the case of real property:
1.
				Profit and loss statements;
2.
				Income tax returns of the person, firm or corporation operating the
				property;
3. Leases of tenants in
				possession of property, both before and after the January 1 valuation
				date;
4. Casualty insurance
				policies insuring the premises against damage from fire and other
				hazards;
5. Any financial
				statements of any person, firm or corporation having an interest in the
				property in which the property or an interest in it is listed as an
				asset;
6. Mortgage note and other
				instruments made in connection with mortgages placed on the property, such as
				loan applications;
7. Ledgers
				showing construction expenses of any improvements made to the property, and
				contracts for the construction or reconstruction of improvements made to the
				property, and contracts for the construction or reconstruction of improvements
				or additions to the property;
8.
				Closing statement between buyer and seller pertaining to the most recent
				purchase of the property in question;
9. Appraisals made on the property in
				connection with obtaining mortgage financing or the sale
				thereof.
(d) The types of
				records which this section covers shall include, but not be limited to, the
				following in the case of personal property:
1.
				Profit and loss statements;
2.
				Invoices from purchase of the property in question;
3. Inventories;
4. Federal Income Tax returns for the entity
				owning the property, including depreciation schedules;
5. General journal and ledgers showing date
				of acquisition and installed price for commercial personal property;
6. Financial statements for the business in
				connection with which the property is used, including balance sheets;
7. Insurance policies insuring the property
				in question against casualty loss;
8. Leases for leased property;
9. Records by which to determine the value of
				inventory, such as opening inventories, acquisitions, sales, cost of goods
				sold.