Due Date - Payment of Tax - Discounts Allowed

 

DEPARTMENT OF REVENUE
Corporate, Estate and Intangible Tax

RULE NO: RULE TITLE
12C-2.005: Due Date - Payment of Tax - Discounts Allowed

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 49, December 7, 2007 issue of the Florida Administrative Weekly.

Paragraph (1)(b) of Rule 12C-2.005, Florida Administrative Code, has been changed, so that the proposed rule text will read as follows:

(1)(b)1. When the tax due, before discount, is less than $60, no return is required to be filed and no tax is due. Taxpayers who receive a Government Leasehold Intangible Personal Property Tax Return (Form DR-601-G) from the Department for which no tax is due may file the return, without payment, to inform the Department that no tax is due. Filing this informational return will eliminate additional inquiries from the Department regarding the filing of the return. Taxpayers who are under audit, examination, or investigation by the Department will be required to file a completed return, even if the amount of tax due with the return is less than sixty dollars ($60). No person subject to the annual tax shall be required to file a return or pay a tax if the tax due, before discount, is less than sixty dollars ($60.00).

Subsections (3) and (4) of Rule 12C-2.011, Florida Administrative Code, are being eliminated, so that the proposed rule text will read as follows:

(3) Taxpayers may apply to the department to pay the nonrecurring tax by a list attached to a report.

(a) No person shall use this procedure without prior approval of the department.

(b) Persons wishing to apply for approval to report by list shall make requests to the Florida Department of Revenue, Central Registration, P. O. Box 6480, Tallahassee, Florida 32314-6480.

(c) All persons desiring or using this procedure shall be subject to audit and shall make their records available for inspection by the department.

(d) All persons approved to use this procedure shall keep a journal, account book or other record of original entry, showing a listing of all obligations or advances which have been made or executed. The journal shall show a daily listing or a listing as required by the department and shall show the county of recording, the official record book and page number of the recording, if any, the amount of each obligation or advance, the date the obligation was created or advance was made and the amount of tax paid, and the date on which the tax payment was made.

(e) The list shall contain the same information as required by paragraph (2)(a).

(4)(a) The authority to use this procedure shall not be unreasonably withheld by the department.

(b) However, any person having a history of delinquent tax payments for any tax or of returned checks shall be denied the use of this procedure.

(c) The authority to use this procedure may be canceled by the department when any person knowingly files a false report, fails or refuses, or neglects to file the proper report or fails to maintain proper records.