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HB 103: Transfer of Tax Liability

GENERAL BILL by Wood

Transfer of Tax Liability; Revises provisions relating to tax liability when person transfers or quits business; provides transfer of assets of business or stock of goods of business is considered transfer of business; requires DOR to notify business before circuit court temporarily enjoins business activity; provides liability for certain taxes unless specified conditions are met; requires department to conduct certain audits; requires DOR to notify transferee before circuit court enjoins business activity; specifies that transferor & transferee of assets of business are jointly & severally liable up to maximum amount; specifies maximum liability of transferee; provides methods for calculating fair market value or total purchase price of specified business transfers to determine maximum tax liability of transferees; excludes transferees from tax liability when transfer consists only of specified assets; authorizes DOR to provide tax information to transferee against whom tax liability is being asserted; repeals provisions relating to tax liability & criminal liability of dealers of communications services who make certain transfers related to communications services business; repeals provisions relating to dealer's tax liability & criminal liability for sales tax when business transferred.

Effective Date: 4/6/2012
Last Action: 4/7/2012 - Chapter No. 2012-55
Location: Became Law
Bill Text: PDF



Bill History

Date Chamber Action
8/25/2011 House • Filed
9/15/2011 House • Referred to Civil Justice Subcommittee; Economic Affairs Committee; Finance and Tax Committee -HJ 14
10/11/2011 House • On Committee agenda-- Civil Justice Subcommittee, 10/18/11, 1:30 pm, 404 HOB
10/18/2011 House • Favorable by Civil Justice Subcommittee; YEAS 14 NAYS 0 -HJ 171
• Now in Economic Affairs Committee -HJ 171
11/8/2011 House • On Committee agenda-- Economic Affairs Committee, 11/15/11, 4:00 pm, Reed Hall
11/15/2011 House • Favorable by Economic Affairs Committee; YEAS 18 NAYS 0 -HJ 172
• Now in Finance and Tax Committee -HJ 172
11/29/2011 House • On Committee agenda-- Finance and Tax Committee, 12/06/11, 11:00 am, Morris Hall
12/6/2011 House • Favorable by- Finance and Tax Committee; YEAS 22 NAYS 0 -HJ 175
• Placed on Calendar -HJ 175
1/10/2012 House • Introduced -HJ 14
1/30/2012 House • Placed on Special Order Calendar, 02/02/12
2/2/2012 House • Read 2nd time -HJ 327
• Placed on 3rd reading
2/3/2012 House • Read 3rd time -HJ 469
• Passed; YEAS 115 NAYS 0 -HJ 469
2/8/2012 Senate • In Messages
3/2/2012 Senate • Referred to Community Affairs; Commerce and Tourism; Budget Subcommittee on Finance and Tax; Budget -SJ 812
3/5/2012 Senate • Received -SJ 812
3/6/2012 Senate • Withdrawn from Community Affairs; Commerce and Tourism; Budget Subcommittee on Finance and Tax; Budget -SJ 876
• Placed on Calendar, on 2nd reading -SJ 876
• Substituted for SB 170 -SJ 876
• Read 2nd time -SJ 876
• Placed on 3rd reading
3/7/2012 Senate • Read 3rd time -SJ 908
• Passed; YEAS 36 NAYS 1 -SJ 909
3/7/2012 House • Ordered enrolled -HJ 1178
3/30/2012 • Signed by Officers and presented to Governor
4/6/2012 • Approved by Governor
4/7/2012 • Chapter No. 2012-55