Florida Senate - 2011                (Corrected Copy)    SB 1006
       
       
       
       By Senator Altman
       
       
       
       
       22-00947A-11                                          20111006__
    1                        A bill to be entitled                      
    2         An act relating to estate, inheritance, and other
    3         death taxes; providing a short title; creating s.
    4         198.46, F.S.; providing definitions; imposing a
    5         retaliatory tax on property of a nonresident decedent
    6         when the nonresident’s state of domicile imposes
    7         estate, inheritance, or other death taxes upon a
    8         resident of this state; providing a limitation;
    9         specifying tax rate criteria; providing tax payment
   10         requirements; providing application; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Florida Taxpayers
   16  Protection Act.”
   17         Section 2. Section 198.46, Florida Statutes, is created to
   18  read:
   19         198.46 Retaliatory estate, inheritance, or other death
   20  taxes.—
   21         (1) For purposes of this section, the term:
   22         (a) “Nonresident” means any person who is not a resident of
   23  this state but is a resident of the United States.
   24         (b) “State of domicile” means the state where a person is a
   25  resident.
   26         (2) A tax is imposed upon the transfer of property located
   27  in this state of every person who at the time of death was a
   28  nonresident. The tax is imposed only if the nonresident’s state
   29  of domicile imposes an estate, inheritance, or other death tax
   30  upon the transfer of the property of a resident of this state
   31  that is located in that state and the amount of tax is in excess
   32  of the amount of such taxes that would be imposed by this state
   33  on transfers of such nonresident’s similar property located in
   34  this state.
   35         (3) The tax due under this section shall be equal to the
   36  tax that a nonresident would have to pay under the laws of his
   37  or her state of domicile if he or she were a resident of this
   38  state and the nonresident’s property located in this state were
   39  located in the nonresident’s state of domicile and the
   40  nonresident’s property located in the state of domicile were
   41  located in this state.
   42         (4) Notwithstanding any other provision of this chapter,
   43  the tax imposed by this section is due and payable, and tax
   44  returns are due, on or before the last day prescribed by the
   45  laws of the nonresident’s state of domicile for the payment of
   46  tax or the filing of returns.
   47         Section 3. This act shall take effect July 1, 2011, and
   48  applies to nonresidents who die after June 30, 2011.