The purpose of the proposed repeal of subsection (3) of Rule 12B-4.014, F.A.C. (Conveyances Not Subject to Tax), is to remove provisions stating that a deed filed to correct an error in a prior deed is subject to minimum documentary stamp tax only ...

 

DEPARTMENT OF REVENUE
Miscellaneous Tax

RULE NO: RULE TITLE
12B-4.014: Conveyances Not Subject to Tax
PURPOSE AND EFFECT: The purpose of the proposed repeal of subsection (3) of Rule 12B-4.014, F.A.C. (Conveyances Not Subject to Tax), is to remove provisions stating that a deed filed to correct an error in a prior deed is subject to minimum documentary stamp tax only if the tax was paid on the original deed that were determined to be without sufficient authority by the circuit court judge in 46th Avenue Properties, Inc. v. Department of Revenue (6th Judicial Circuit, Case No. 01-9177 C1-19, Feb. 2, 2003). The effect of the repeal of this subsection is that when tax is not correctly paid on the original deed for which a corrective deed is filed, no additional tax is due on the corrective deed; however, the additional tax remains due on the original deed.
SUBJECT AREA TO BE ADDRESSED: The subject area of the workshop is the proposed repeal of obsolete subsection (3) of Rule 12B-4.014, F.A.C. (Conveyances Not Subject to Tax), which limited the payment of the minimum documentary stamp tax on corrective deeds to only when tax was paid on the original deed.
SPECIFIC AUTHORITY: 201.11, 213.06(1) FS.
LAW IMPLEMENTED: 201.022, 201.02 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 8, 2007, 10:00 a.m.
PLACE: Room 118, Carlton Building, 501 S. Calhoun Street, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Larry Green at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Tim Phillips, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P.O. Box 7443, Tallahassee, Florida 32314-7443, telephone [phone].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

12B-4.014 Conveyances Not Subject to Tax.

(1) through (2) No change.

(3) To Correct Error: Where a conveyance is made to correct a deficiency in a previous deed on which the tax has been paid, only minimum tax is required. (1933 Op. Att’y. Gen. Fla. 1933-34 Biennial Report, Page 50 (April 7, 1933); Letter from the Att’y. Gen. Fla. to State Comptroller (Dec. 10, 1962)).

(4) through (15) Renumbered (3) through (14) No Change.

Specific Authority 201.11, 213.06(1) FS. Law Implemented 201.01, 201.02 FS. History-Revised 8-18-73, Formerly 12A-4.14, Amended 2-21-77, 12-26-77, 12-23-80, Formerly 12B-4.14, Amended 12-5-89, 6-4-90, 2-13-91, 2-16-93, 10-18-94, 12-30-97, 1-4-01,           .