12D-1.003. Situs of Personal Property for Assessment Purposes

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.

(2) Inventory or other goods in interstate transit shall not be deemed to have acquired a taxable situs within a county even though the inventory or other goods are temporarily halted or stored within the state. However, when the inventory or other goods reach their ultimate destinations and become parts or property to be sold, leased, or otherwise used or processed in the state, interstate transit terminates and the property is subject to taxation in the county in which it is located. Inventory or other goods located in a warehouse or other storage facility within the state is subject to assessment and taxation at its location, unless such storage is merely temporary and an incident to transit to another state or foreign country. Goods located in a storage facility which belongs to a wholesaler, distributor, importer, or jobber that operates in this state, among others, although not necessarily selling or distributing such goods in this state, shall be deemed to have reached their ultimate destination.

Rulemaking Authority 195.027(1), 213.06(1) FS. Law Implemented 192.001, 192.011, 192.032, 192.042 FS. History–New 10-12-76, Formerly 12D-1.03, Amended 12-31-98.