The Florida Senate

202.38  Special rules for bad debts and adjustments under previous taxes.--

(1)(a)1.  Any dealer who has paid the tax imposed by chapter 212 on telecommunications services billed prior to October 1, 2001, which are no longer subject to such tax as a result of chapter 2000-260, Laws of Florida, may take a credit or obtain a refund of the state communications services tax imposed under this chapter on unpaid balances due on worthless accounts within 12 months following the last day of the calendar year for which the bad debt was charged off on the taxpayer's federal income tax return.

2.  Any dealer who has paid a local public service tax levied pursuant to chapter 166 on telecommunications services billed prior to October 1, 2001, which are no longer subject to such tax as a result of chapter 2000-260, Laws of Florida, may take a credit or obtain a refund of the local communications services tax imposed by such jurisdiction on unpaid balances due on worthless accounts within 12 months following the last day of the calendar year for which the bad debt was charged off on the taxpayer's federal income tax return.

(b)  If any account for which a credit or refund has been received under this section is then in whole or in part paid to the dealer, the amount paid must be included in the first communications services tax return filed after such receipt and the applicable state and local communications services tax paid accordingly.

(c)  Bad debts associated with accounts receivable which have been assigned or sold with recourse are eligible upon reassignment for inclusion by the dealer in the credit or refund authorized by this section.

(2)(a)  If any dealer would have been entitled to an adjustment of the tax imposed by chapter 212 on telecommunications services billed prior to October 1, 2001, which are no longer subject to such tax as a result of chapter 2000-260, Laws of Florida, such dealer may take a credit or obtain a refund of the state communications services tax imposed under this chapter.

(b)  If any dealer would have been entitled to an adjustment of a local public service tax levied pursuant to chapter 166 on telecommunications services billed prior to October 1, 2001, which are no longer subject to such tax as a result of chapter 2000-260, Laws of Florida, such dealer may take a credit or obtain a refund of the local communications services tax imposed by such jurisdiction pursuant to this chapter.

(3)  Credits and refunds of the tax imposed by chapter 203 attributable to bad debts or adjustments with respect to telecommunications services billed prior to October 1, 2001, shall be governed by the applicable provisions of this chapter.

(4)  Notwithstanding any provision of law to the contrary, the refunds and credits allowed by this section shall be subject to audit by the state and the respective local taxing jurisdictions in any audit of the taxes to which such refunds and credits relate.

History.--s. 23, ch. 2001-140.