Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 504 Ì192286BÎ192286 LEGISLATIVE ACTION Senate . House Comm: RS . 03/10/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 66 - 153 4 and insert: 5 (4) With respect to the payment of taxes on purchases made 6 through a private-label credit card program: 7 (a) If consumer accounts or receivables are found to be 8 worthless or uncollectible, the dealer may claim a credit for, 9 or obtain a refund of, the tax remitted by the dealer on the 10 unpaid balance due if: 11 1. The accounts or receivables have been charged off as bad 12 debt on the lender’s books and records on or after January 1, 13 2014; 14 2. A credit was not previously claimed and a refund was not 15 previously allowed on any portion of the accounts or 16 receivables; and 17 3. The credit or refund is claimed within 12 months after 18 the month in which the bad debt is charged off by the lender for 19 federal income tax purposes. 20 (b) If the dealer or the lender subsequently collects, in 21 whole or in part, the accounts or receivables for which a credit 22 or refund has been granted under paragraph (a), the dealer must 23 include the taxable percentage of the amount collected in the 24 first return filed after the collection and pay the tax on the 25 portion of that amount for which a credit or refund was granted. 26 (c) The credit or refund allowed includes all credit sale 27 transaction amounts that are outstanding in the specific 28 private-label credit card account or receivable at the time the 29 account or receivable is charged off, regardless of the date on 30 which the credit sale transaction actually occurred. 31 (d) A dealer may use one of the following methods to 32 determine the amount of the credit or refund: 33 1. An apportionment method to substantiate the amount of 34 tax imposed under this chapter which is included in the bad debt 35 to which the credit or refund applies. The method must use the 36 dealer’s Florida and non-Florida sales, the dealer’s taxable and 37 nontaxable sales, and the amount of tax the dealer remitted to 38 this state; or 39 2. A specified percentage of the accounts or receivables 40 giving rise to the credit or refund, which is derived from a 41 sampling of the dealer’s or lender’s records in accordance with 42 a methodology agreed upon by the department and the dealer. 43 (e) For purposes of computing the credit or refund, 44 payments on the accounts or receivables shall be allocated based 45 on the terms and conditions of the contract between the dealer 46 or lender and the consumer. 47 (f) The credit or refund for tax on bad debt may be claimed 48 on any return filed by an entity related by a direct or indirect 49 common ownership of 50 percent or more. 50 (g) The amount of the credit or refund a dealer is eligible 51 to recover under this subsection is limited to the following: 52 1. For amounts charged off during the calendar year ending 53 December 31, 2014, 25 percent of the tax paid to the department 54 which is attributable to bad debt. 55 2. For amounts charged off during the calendar year ending 56 December 31, 2015, 50 percent of the tax paid to the department 57 which is attributable to bad debt. 58 3. For amounts charged off during the calendar year ending 59 December 31, 2016, 75 percent of the tax paid to the department 60 which is attributable to bad debt. 61 4. For amounts charged off on or after January 1, 2017, the 62 full amount paid to the department which is attributable to bad 63 debt. 64 (h) As used in this subsection, the term: 65 1. “Dealer’s affiliates” means an entity affiliated with 66 the dealer under 26 U.S.C. s. 1504 or an entity that would be an 67 affiliate under that section if the entity were a corporation. 68 2. “Lender” means a person who owns or has owned a private 69 label credit card account or an interest in a private-label 70 credit card receivable that: 71 a. The person purchased directly from a dealer who remitted 72 the tax imposed under this chapter or from the dealer’s 73 affiliates, or that was transferred from a third party; 74 b. The person originated pursuant to that person’s contract 75 with a dealer who remitted the tax imposed under this chapter or 76 with the dealer’s affiliates; or 77 c. Is affiliated in the manner described under 26 U.S.C. s. 78 1504, regardless of whether the different entities are 79 corporations, to a person described in sub-subparagraph a. or 80 sub-subparagraph b. or to an assignee or other transferee of 81 such person. 82 3. “Private-label credit card” means a charge card or 83 credit card that carries, refers to, or is branded with the name 84 or logo of a dealer and can be used for purchases from the 85 dealer whose name or logo appears on the card or for purchases 86 from the dealer’s affiliates or franchisees. 87 88 ================= T I T L E A M E N D M E N T ================ 89 And the title is amended as follows: 90 Delete lines 6 - 7 91 and insert: 92 93