CODING: Words stricken are deletions; words underlined are additions.

House Bill 1787

Florida House of Representatives - 1997 HB 1787 By Representative Constantine 1 A bill to be entitled 2 An act relating to the tax on sales, use, and 3 other transactions; amending s. 212.08, F.S.; 4 expanding the applicability of an exemption for 5 motion picture or video equipment and sound 6 recording equipment used in production 7 activities; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (f) of subsection (5) of section 12 212.08, Florida Statutes, 1996 Supplement, is amended to read: 13 212.08 Sales, rental, use, consumption, distribution, 14 and storage tax; specified exemptions.--The sale at retail, 15 the rental, the use, the consumption, the distribution, and 16 the storage to be used or consumed in this state of the 17 following are hereby specifically exempt from the tax imposed 18 by this part. 19 (5) EXEMPTIONS; ACCOUNT OF USE.-- 20 (f) Motion picture or video equipment used in motion 21 picture or television production activities and sound 22 recording equipment used in the production of master tapes and 23 master records.-- 24 1. Motion picture or video equipment and sound 25 recording equipment purchased or leased for use in this state 26 in production activities is exempt from the tax imposed by 27 this chapter upon an affirmative showing by the purchaser or 28 lessee to the satisfaction of the department that the 29 equipment will be used for production activities. The 30 exemption provided by this paragraph shall inure to the 31 taxpayer only through a refund of previously paid taxes. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1787 502-155-97 1 Notwithstanding the provisions of s. 212.095, such refund 2 shall be made within 30 days of formal application, which 3 application may be made after the completion of production 4 activities or on a quarterly basis. Notwithstanding the 5 provisions of chapter 213, the department shall provide the 6 Department of Commerce with a copy of each refund application 7 and the amount of such refund, if any. 8 2. For the purpose of the exemption provided in 9 subparagraph 1.: 10 a. "Motion picture or video equipment" and "sound 11 recording equipment" includes only equipment meeting the 12 definition of "section 38 property" as defined in s. 13 48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is 14 used by the lessee or purchaser exclusively as an integral 15 part of production activities; however, motion picture or 16 video equipment and sound recording equipment does not include 17 supplies, tape, records, film, or video tape used in 18 productions or other similar items; vehicles or vessels; or 19 general office equipment not specifically suited to production 20 activities. In addition, the term does not include equipment 21 purchased or leased by television or radio broadcasting or 22 cable companies licensed by the Federal Communications 23 Commission. 24 b. "Production activities" means activities directed 25 toward the preparation of a: 26 (I) Master tape or master record embodying sound; or 27 (II) Motion picture or television production which is 28 produced for theatrical, commercial, advertising, or 29 educational purposes and utilizes live or animated actions or 30 a combination of live and animated actions. The motion picture 31 or television production shall be commercially produced for 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1787 502-155-97 1 sale or for showing on screens or broadcasting on television 2 and may be on film or video tape. 3 Section 2. This act shall take effect July 1, 1997. 4 5 ***************************************** 6 SENATE SUMMARY 7 Expands the exemption from the tax on sales, use, and other transactions which is currently provided for motion 8 picture or video equipment and sound recording equipment used in production activities, so that the exemption 9 applies to commercial broadcasters and cable companies. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3