House Bill 3899c1

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    Florida House of Representatives - 1998             CS/HB 3899

        By the Committees on Financial Services, Finance &
    Taxation and Representatives Starks, Melvin, Brooks, Kosmas,
    Fasano, Maygarden, Trovillion and Kelly




  1                      A bill to be entitled

  2         An act relating to intangible personal property

  3         taxes; amending s. 199.023, F.S.; defining

  4         "ministerial function," "processing activity,"

  5         and "investment adviser" for purposes of ch.

  6         199, F.S.; amending s. 199.052, F.S.;

  7         increasing the minimum amount of annual

  8         intangible personal property tax which a person

  9         may be required to pay; providing taxable

10         status of intangible personal property held by

11         a trust for which a bank or savings association

12         acts as trustee or as an agent other than a

13         trustee; providing responsibilities of Florida

14         residents with a beneficial interest in a trust

15         for which a bank or savings association acts as

16         trustee; providing taxable status of assets

17         purchased by, and property managed by, an

18         investment adviser under specified conditions;

19         conforming language; repealing s. 199.052(11),

20         F.S., relating to returns filed by banking

21         organizations, to conform; amending s. 199.175,

22         F.S., relating to taxable situs; conforming

23         language; amending s. 199.185, F.S.; revising

24         the exemptions from intangible personal

25         property taxes for certain property held in

26         trust and for real estate mortgage investment

27         conduits; exempting accounts receivable arising

28         out of a trade or business from intangible

29         personal property taxes and providing a

30         schedule for implementing the exemption;

31         providing a full, rather than partial,

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  1         exemption from the annual tax for banks and

  2         savings associations and revising application

  3         of the exemption; exempting insurers from the

  4         annual tax; repealing s. 199.104, F.S., which

  5         provides a credit against the annual tax for

  6         banks and savings associations; repealing s.

  7         220.68, F.S., which provides a credit against

  8         the franchise tax imposed on banks and savings

  9         associations based on intangible tax paid;

10         creating s. 199.233, F.S.; specifying the

11         period for which the Department of Revenue may

12         assess intangible personal property taxes when

13         a taxpayer voluntarily self-discloses

14         liability; amending s. 199.282, F.S.; revising

15         the penalty for late filing of an annual

16         intangible tax return; providing a limitation

17         on combined delinquency and late filing

18         penalties; revising the penalty for omitting or

19         undervaluing property on an annual return;

20         amending s. 199.292, F.S.; revising the

21         distribution of intangible tax revenues;

22         amending s. 220.02, F.S., relating to order of

23         credits against the corporate income tax or

24         franchise tax, and s. 624.509, F.S., relating

25         to the insurance premium tax; conforming

26         language; providing application; providing

27         effective dates.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31

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  1         Section 1.  Subsections (13), (14), and (15) are added

  2  to section 199.023, Florida Statutes, to read:

  3         199.023  Definitions.--As used in this chapter:

  4         (13)  "Ministerial function" means an act the

  5  performance of which does not involve the use of discretion or

  6  judgment.

  7         (14)  "Processing activity" means an activity

  8  undertaken to administer or service intangible personal

  9  property in accordance with such terms, guidelines, criteria,

10  or directions as are provided solely by the owner of the

11  property. Methods, systems, or techniques chosen by the

12  processor to implement such terms, guidelines, criteria, or

13  directions are not considered the exercise of management or

14  control.

15         (15)  "Investment adviser" means any person who, for

16  compensation, engages all or part of his or her time, directly

17  or indirectly, or through publications or writings, in the

18  business of advising others as to the value of securities or

19  as to the advisability of investing in, purchasing of, or

20  selling of securities, or who, for compensation and as part of

21  his or her regular business, issues or promulgates analyses or

22  reports concerning securities.

23         Section 2.  Section 199.052, Florida Statutes, is

24  amended to read:

25         199.052  Annual tax returns; payment of annual tax.--

26         (1)  An annual intangible tax return must be filed with

27  the department by every corporation authorized to do business

28  in this state or doing business in this state and by every

29  person, regardless of domicile, who on January 1 owns,

30  controls, or manages intangible personal property which has a

31  taxable situs in this state.  For purposes of this chapter,

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  1  "control" or "manage" does not include any ministerial

  2  function or any processing activity.  The return shall be due

  3  on June 30 of each year.  It shall list separately the

  4  character, description, and just valuation of all such

  5  property.

  6         (2)  No person shall be required to pay the annual tax

  7  in any year when the aggregate annual tax upon the person's

  8  intangible personal property, after exemptions, would be less

  9  than $60 $5.  In such case, an annual return is not required

10  unless the taxpayer is a corporation, a banking organization

11  claiming the exemption provided in s. 199.185(1)(i), or an

12  agent or fiduciary of whom the department requires an

13  informational return. Agents and fiduciaries shall report for

14  each person for whom they hold intangible personal property if

15  the aggregate annual tax on such person is $60 or more than

16  $5.

17         (3)  A corporation having no intangible tax liability,

18  and required to file an annual report pursuant to s. 607.1622,

19  is not required to file the annual intangible tax return

20  required by this section.

21         (4)  A husband and wife may file a joint return with

22  regard to all intangible personal property held jointly or

23  individually by them. They shall then be jointly liable for

24  the payment of the annual tax.

25         (5)  The trustee of a Florida-situs trust is primarily

26  responsible for returning the trust's intangible personal

27  property and paying the annual tax on it.  The trust's

28  beneficiaries, however, may individually return their

29  equitable shares of the trust's intangible personal property

30  and pay the tax on such shares, in which case the trustee need

31  not return such property or pay such tax, although the

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  1  department may require the trustee to file an informational

  2  return.

  3         (6)  Each Florida resident with a beneficial interest,

  4  as defined in s. 199.023(7), in a foreign-situs trust, that

  5  is, a trust with situs outside of this state, is primarily

  6  responsible for returning the resident's equitable share of

  7  the trust's intangible personal property and paying the annual

  8  tax on it.  The trustee of a foreign trust may return and pay

  9  the tax on the equitable shares of all Florida residents

10  having beneficial interests, in which case the residents need

11  not return such property or pay such tax.

12         (7)  The personal representative or curator of a

13  Florida estate is primarily responsible for returning the

14  estate's intangible personal property and paying the annual

15  tax on it.  The heirs or devisees, however, may individually

16  return their equitable shares of the estate's intangible

17  personal property and pay the tax on such shares, in which

18  case the personal representative or curator need not return

19  such property or pay such tax, although the department may

20  require the personal representative or curator to file an

21  informational return.

22         (8)  The guardian of the property of a Florida

23  incompetent shall return the incompetent's intangible personal

24  property and pay the annual tax on it.  The custodian of a

25  Florida minor under a gifts to minors or similar act shall

26  return the minor's intangible personal property which is

27  subject to the custodianship and pay the annual tax on it.

28         (9)  Where an agent has control or management of

29  intangible personal property, the principal is primarily

30  responsible for returning such property and paying the annual

31  tax on it, but the agent shall return such property on behalf

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  1  of the principal and pay the annual tax on it if the principal

  2  fails to do so.  The department may in any case require the

  3  agent to file an informational return.

  4         (10)  An affiliated group of corporations may elect to

  5  make a consolidated return for any year.  The election shall

  6  be made by timely filing a consolidated return. Once made, an

  7  election may not be revoked, and it is binding for the tax

  8  year.  The mere making of a consolidated return shall not in

  9  itself provide a business situs in this state for intangible

10  personal property held by a corporation.  The fact that

11  members of an affiliated group own stock in corporations which

12  do not qualify under the stock ownership requirements as

13  members of an affiliated group shall not preclude the filing

14  of a consolidated return on behalf of the qualified members.

15  Where a consolidated return is made, intercompany accounts,

16  including the capital stock of an includable corporation,

17  other than the parent, owned by another includable

18  corporation, shall not be subject to annual taxation. However,

19  capital stock and other intercompany accounts of a

20  nonqualified member of the affiliated group shall be subject

21  to annual tax.  Each consolidated return shall be accompanied

22  by documentation identifying all intercompany accounts and

23  containing such other information as the department shall

24  require. Failure to timely file a consolidated return shall

25  not prejudice the taxpayer's right to file a consolidated

26  return, provided that the failure to file a consolidated

27  return is limited to 1 year and the taxpayer's intent to file

28  a consolidated return is evidenced by the taxpayer having

29  filed a consolidated return for the 3 years prior to the year

30  the return was not timely filed.

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  1         (11)  The return filed by each banking organization

  2  shall set out the character, description, and just valuation

  3  by category of all intangible personal property which is

  4  issued in or arises out of international banking transactions

  5  and which is owned by the banking organization.

  6         (12)  Securities held in margin accounts by a security

  7  broker not acting as a fiduciary shall be returned, and the

  8  annual tax on such securities shall be paid, by the customer

  9  owning them. The security broker shall not be required to

10  return or pay the tax on such securities.

11         (13)  Except as otherwise provided in this section, the

12  owner of intangible personal property is liable for the

13  payment of annual tax on it, and any other person required to

14  return such property is liable for the tax if the owner fails

15  to pay it.

16         (14)  The annual intangible tax return shall include

17  language permitting a voluntary contribution of $5 per

18  taxpayer, which contribution shall be transferred into the

19  Election Campaign Financing Trust Fund.  A statement providing

20  an explanation of the purpose of the trust fund shall also be

21  included.

22         (15)  If a bank or savings association, as defined by

23  s. 220.62, acts as a trustee of a trust, the bank or savings

24  association shall not be required to return and pay the annual

25  tax on intangible personal property held by the trust. If a

26  bank or savings association, as defined by s. 220.62, acts as

27  a fiduciary or agent of a trust other than as a trustee,

28  intangible personal property of the trust shall not have

29  taxable situs in this state pursuant to s. 199.175 solely by

30  virtue of the management or control of the bank or savings

31  association. For purposes of this chapter, where a bank or

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  1  savings association, as defined by s. 220.62, is the trustee

  2  of a trust, the trust shall not be considered a Florida-situs

  3  trust and each Florida resident with a beneficial interest, as

  4  defined by s. 199.023(7), shall be responsible for returning

  5  the resident's equitable share of the trust's intangible

  6  personal property and paying the annual tax on it.

  7         (16)  If an investment adviser does not own but has

  8  discretionary authority to invest moneys on behalf of a

  9  principal, the investment adviser shall not be required to

10  return and pay the annual tax on intangible personal property

11  with respect to the assets the adviser purchases with such

12  funds of the principal. If an investment adviser acts as a

13  fiduciary or an agent of a principal, intangible personal

14  property of the principal shall not have taxable situs in this

15  state pursuant to s. 199.175 solely by virtue of the

16  management or control of that property by the investment

17  adviser.

18         Section 3.  Effective July 1, 2000, subsection (11) of

19  section 199.052, Florida Statutes, is repealed, and subsection

20  (2) of said section, as amended by this act, is amended to

21  read:

22         199.052  Annual tax returns; payment of annual tax.--

23         (2)  No person shall be required to pay the annual tax

24  in any year when the aggregate annual tax upon the person's

25  intangible personal property, after exemptions, would be less

26  than $60.  In such case, an annual return is not required

27  unless the taxpayer is a corporation, a banking organization

28  claiming the exemption provided in s. 199.185(1)(i), or an

29  agent or fiduciary of whom the department requires an

30  informational return. Agents and fiduciaries shall report for

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  1  each person for whom they hold intangible personal property if

  2  the aggregate annual tax on such person is $60 or more.

  3         Section 4.  Effective July 1, 2000, paragraph (a) of

  4  subsection (1) and paragraph (b) of subsection (2) of section

  5  199.175, Florida Statutes, are amended to read:

  6         199.175  Taxable situs.--For purposes of the annual tax

  7  imposed under this chapter:

  8         (1)  Intangible personal property shall have a taxable

  9  situs in this state when it is owned, managed, or controlled

10  by any person domiciled in this state on January 1 of the tax

11  year.  Such intangibles shall be subject to annual taxation

12  under this chapter, unless the person who owns, manages, or

13  controls them is specifically exempt or unless the property is

14  specifically exempt. This provision shall apply regardless of

15  where the evidence of the intangible property is kept; where

16  the intangible is created, approved, or paid; or where

17  business may be conducted from which the intangible arises.

18  The fact that a Florida corporation owns the stock of an

19  out-of-state corporation and manages and controls such

20  corporation from a location in this state shall not operate to

21  give a taxable situs in this state to the intangibles owned by

22  the out-of-state corporation, which intangibles arise out of

23  business transacted outside this state.

24         (a)  For the purposes of this chapter, "any person

25  domiciled in this state" means:

26         1.  Any natural person who is a legal resident of this

27  state;

28         2.  Any bank or financial institution, business,

29  business trust as described in chapter 609, company,

30  corporation, insurance company, partnership, or other

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  1  artificial entity organized or created under the law of this

  2  state, except a trust; or

  3         3.  Any person, including a trust, who has established

  4  a commercial domicile in this state.

  5         (2)  Intangible personal property shall have a taxable

  6  situs in this state when it is deemed to have a business situs

  7  in this state and it is owned, managed, or controlled by a

  8  person transacting business in this state, even though the

  9  owner may claim a domicile elsewhere.  This provision shall

10  apply regardless of where the evidence of the intangible is

11  kept or where the intangible is created, approved, or paid.

12         (b)  Notwithstanding the provisions of this subsection:

13         1.a.  Intangibles that are credit card or charge card

14  receivables or related lines of credit or loans shall be

15  deemed to have business situs in this state only when the debt

16  represented by such intangibles is owed by a customer who is

17  domiciled in this state.

18         b.  The performance of ministerial functions relating

19  to, or the processing of, credit card or charge card

20  receivables in this state for the owner of such receivables is

21  not sufficient to support a finding that the owner is

22  transacting business in this state.

23         c.  The term "credit card or charge card receivables"

24  does not include trade or service receivables as defined in s.

25  864 of the Internal Revenue Code of 1986, as amended.

26         2.  An intangible owned by a real estate mortgage

27  investment conduit, a real estate investment trust, or a

28  regulated investment company, as those terms are defined in

29  the United States Internal Revenue Code of 1986, as amended,

30  shall not be deemed to have a taxable situs in this state

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  1  unless such entity has its legal or commercial domicile in

  2  this state.

  3         3.  The ownership of any interest in a participation or

  4  syndication loan or pool of loans, notes, or receivables shall

  5  not be sufficient to support a finding that the owner of such

  6  interest is transacting business in this state.  For the

  7  purposes of this subparagraph, a participation or syndication

  8  loan is a loan in which more than one lender is a creditor to

  9  a common borrower, and a participation or syndication interest

10  in a pool of loans, notes, or receivables is an interest

11  acquired from the originator or initial creditor with respect

12  to the loans, notes, or receivables constituting the pool.

13         4.  Assets owned by a foreign insurance company, as

14  defined in s. 624.06, shall not be deemed to have a business

15  situs in this state if they are managed and controlled outside

16  this state.

17         Section 5.  (1)  Subsections (1) and (5) of section

18  199.185, Florida Statutes, are amended, and subsection (8) is

19  added to said section, to read:

20         199.185  Property exempted from annual and nonrecurring

21  taxes.--

22         (1)  The following intangible personal property shall

23  be exempt from the annual and nonrecurring taxes imposed by

24  this chapter:

25         (a)  Money.

26         (b)  Franchises.

27         (c)  Any interest as a partner in a partnership, either

28  general or limited, other than any interest as a limited

29  partner in a limited partnership registered with the

30  Securities and Exchange Commission pursuant to the Securities

31  Act of 1933, as amended.

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  1         (d)  Notes, bonds, and other obligations issued by the

  2  State of Florida or its municipalities, counties, and other

  3  taxing districts, or by the United States Government and its

  4  agencies.

  5         (e)  Intangible personal property held in trust

  6  pursuant to any stock bonus, pension, or profit-sharing plan

  7  or any individual retirement account which is qualified under

  8  s. 530, s. 401, or s. 408, or s. 408A of the United States

  9  Internal Revenue Code, 26 U.S.C. ss. 530, 401, and 408, and

10  408A, as amended.

11         (f)  Intangible personal property held under a

12  retirement plan of a Florida-based corporation exempt from

13  federal income tax under s. 501(c)(6) of the United States

14  Internal Revenue Code, 26 U.S.C., if the primary purpose of

15  the corporation is to support the promotion of professional

16  sports and the retirement plan is either a qualified plan

17  under s. 457 of the United States Internal Revenue Code or the

18  contributions to the plan, pursuant to a ruling by the United

19  States Internal Revenue Service, are not taxable to plan

20  participants until actual receipt or withdrawal by the

21  participant.

22         (g)  Notes and other obligations, except bonds, to the

23  extent that such notes and obligations are secured by

24  mortgage, deed of trust, or other lien upon real property

25  situated outside the state.

26         (h)  The assets of a corporation registered under the

27  Investment Company Act of 1940, 15 U.S.C. s. 80a-1-52, as

28  amended.

29         (i)  All intangible personal property issued in or

30  arising out of any international banking transaction and owned

31  by a banking organization.

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  1         (j)  Units of a unit investment trust organized under

  2  an agreement or declaration of trust and registered under the

  3  Investment Company Act of 1940, as amended, whose portfolio of

  4  assets consists solely of assets exempt under this section.

  5         (k)  Interests in real estate mortgage securitizations,

  6  including, without limitation, real estate mortgage investment

  7  conduits (REMICs), financial asset securitization trusts

  8  (FASITs), and other vehicles for collateralized mortgage

  9  obligations, (REMIC) that are directly or indirectly secured

10  by or payable from notes and obligations that are in turn

11  secured by a mortgage, deed of trust, or other lien upon real

12  property situated in or outside of the state, including but

13  not limited to mortgage pools, participations, and derivatives

14  and are held as investments by banks or savings associations

15  in compliance with regulatory agency guidelines.

16         (l)  One-third of the accounts receivable arising in

17  the ordinary course of a trade or business which are owned,

18  controlled, or managed by a taxpayer on January 1, 1999;

19  two-thirds of the accounts receivable owned, controlled, or

20  managed by a taxpayer on January 1, 2000; and all of such

21  accounts receivable owned, controlled, or managed by a

22  taxpayer on January 1, 2001. This exemption does not apply to

23  accounts receivable which arise outside the taxpayer's

24  ordinary course of trade or business. For the purposes of this

25  chapter, "accounts receivable" means a business debt which is

26  owed by another in the taxpayer's ordinary course of trade or

27  business and is not supported by negotiable instruments.

28  Accounts receivable include, but are not limited to, credit

29  card receivables, charge card receivables, credit receivables,

30  margin receivables, inventory or other floor plan financing,

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  1  lease payments past due, conditional sales contracts, and

  2  financing lease contracts.

  3         (5)  Those organizations Every bank and savings

  4  association, as defined in s. 220.62(1), (2), (3), or (4) or

  5  any direct or indirect affiliate or subsidiary thereof are, is

  6  exempt from .5 mill of the tax imposed by s. 199.032.

  7         (8)  Every insurer, as defined in s. 624.03, whether

  8  the insurer is authorized or unauthorized as defined in s.

  9  624.09, is exempt from the tax imposed by s. 199.032.

10         (2)  The amendment to subsection (5) and the creation

11  of subsection (8) of s. 199.185, Florida Statutes, by this

12  section shall apply to taxes due on or after July 1, 1999.

13         Section 6.  Effective for tax years beginning after

14  December 31, 1999, sections 199.104 and 220.68, Florida

15  Statutes, are repealed.

16         Section 7.  Effective January 1, 1999, section 199.233,

17  Florida Statutes, is created to read:

18         199.233  Limitation on actions; voluntary

19  self-disclosure.--Notwithstanding the provisions of s. 95.091,

20  when a taxpayer voluntarily self-discloses a tax liability and

21  enters into an agreement on or after the effective date of

22  this section for the payment of said taxes, the maximum period

23  for which the taxpayer will be liable for any tax is 3 years,

24  beginning with calendar year 1998. For purposes of

25  administering this section, no liability for taxes due prior

26  to calendar year 1998 may be assessed after a taxpayer has

27  self-disclosed a liability pursuant to this section.

28         Section 8.  Subsections (3) and (4) of section 199.282,

29  Florida Statutes, are amended to read:

30         199.282  Penalties for violation of this chapter.--

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  1         (3)(a)  If any annual or nonrecurring tax is not paid

  2  by the due date, a delinquency penalty shall be charged.  The

  3  delinquency penalty shall be 10 percent of the delinquent tax

  4  for each calendar month or portion thereof from the due date

  5  until paid, up to a limit of 50 percent of the total tax not

  6  timely paid.

  7         (b)  If any annual tax return required by this chapter

  8  is not filed by the due date, a penalty of 10 30 percent of

  9  the tax due with the return shall be charged for each calendar

10  month or portion thereof during which the return remains

11  unfiled, up to a limit of 50 percent of the total tax due for

12  each year or portion of the year during which the return

13  remains unfiled.

14

15  For any penalty assessed under this subsection, the combined

16  total for all penalties assessed under paragraphs (a) and (b)

17  shall not exceed 10 percent per calendar month, up to a limit

18  of 50 percent of the total tax due.

19         (4)  If an annual tax return is filed and property is

20  either omitted from it or undervalued, then a specific penalty

21  shall be charged.  The specific penalty shall be 10 30 percent

22  of the tax attributable to each omitted item or to each

23  undervaluation. No delinquency or late filing penalty shall be

24  charged with respect to any undervaluation.

25         Section 9.  Effective January 1, 1999, subsection (3)

26  of section 199.292, Florida Statutes, is amended to read:

27         199.292  Disposition of intangible personal property

28  taxes.--All intangible personal property taxes collected

29  pursuant to this chapter shall be placed in a special fund

30  designated as the "Intangible Tax Trust Fund." The fund shall

31  be disbursed as follows:

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  1         (3)  An amount equal to 35.7 33.5 percent of the

  2  remaining intangible personal property taxes collected shall

  3  be transferred to the Revenue Sharing Trust Fund for Counties.

  4  An amount equal to 64.3 66.5 percent of the remaining taxes

  5  collected shall be transferred to the General Revenue Fund of

  6  the state.

  7         Section 10.  Effective July 1, 2000, subsection (10) of

  8  section 220.02, Florida Statutes, is amended to read:

  9         220.02  Legislative intent.--

10         (10)  It is the intent of the Legislature that credits

11  against either the corporate income tax or the franchise tax

12  be applied in the following order: those enumerated in s.

13  220.68, those enumerated in s. 631.719(1), those enumerated in

14  s. 631.705, those enumerated in s. 220.18, those enumerated in

15  s. 631.828, those enumerated in s. 220.181, those enumerated

16  in s. 220.183, those enumerated in s. 220.182, those

17  enumerated in s. 220.1895, those enumerated in s. 221.02,

18  those enumerated in s. 220.184, those enumerated in s.

19  220.186, and those enumerated in s. 220.188.

20         Section 11.  Effective July 1, 2000, subsections (4),

21  (7), and (8) of section 624.509, Florida Statutes, are amended

22  to read:

23         624.509  Premium tax; rate and computation.--

24         (4)  The intangible tax imposed under chapter 199, The

25  income tax imposed under chapter 220, and the emergency excise

26  tax imposed under chapter 221 which are paid by any insurer

27  shall be credited against, and to the extent thereof shall

28  discharge, the liability for tax imposed by this section for

29  the annual period in which such tax payments are made.  As to

30  any insurer issuing policies insuring against loss or damage

31  from the risks of fire, tornado, and certain casualty lines,

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  1  the tax imposed by this section, as intended and contemplated

  2  by this subsection, shall be construed to mean the net amount

  3  of such tax remaining after there has been credited thereon

  4  such gross premium receipts tax as may be payable by such

  5  insurer in pursuance of the imposition of such tax by any

  6  incorporated cities or towns in the state for firefighters'

  7  relief and pension funds and police officers' retirement funds

  8  maintained in such cities or towns, as provided in and by

  9  relevant provisions of the Florida Statutes.  For purposes of

10  this subsection, payments of estimated income tax under

11  chapter 220 and of estimated emergency excise tax under

12  chapter 221 shall be deemed paid either at the time the

13  insurer actually files its annual returns under chapter 220 or

14  at the time such returns are required to be filed, whichever

15  first occurs, and not at such earlier time as such payments of

16  estimated tax are actually made.

17         (7)  Credits and deductions against the tax imposed by

18  this section shall be taken in the following order: deductions

19  for assessments made pursuant to s. 440.51; credits for taxes

20  paid under ss. 175.101 and 185.08; credits for income taxes

21  paid under chapter 220, the emergency excise tax paid under

22  chapter 221 and the credit allowed under subsection (5), as

23  these credits are limited by subsection (6); credits for

24  intangible taxes paid under chapter 199; all other available

25  credits and deductions.

26         (8)  From and after July 1, 1980, the premium tax

27  authorized by this section shall not be imposed upon receipts

28  of annuity premiums or considerations paid by holders in this

29  state and from and after July 1, 1991, the intangible tax

30  imposed by chapter 199 shall not be imposed on assets equal to

31  the statutory legal reserves of annuity products maintained by

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  1  insurance companies on behalf of their holders if the tax

  2  savings derived are credited to the annuity holders.  Upon

  3  request by the Department of Revenue, any insurer availing

  4  itself of this provision shall submit to the department

  5  evidence which establishes that the tax savings derived have

  6  been credited to annuity holders.  As used in this subsection,

  7  the term "holders" shall be deemed to include employers

  8  contributing to an employee's pension, annuity, or

  9  profit-sharing plan.

10         Section 12.  For tax years beginning after December 31,

11  1999, no credit under s. 624.509(4), Florida Statutes, for

12  intangible tax imposed under chapter 199, Florida Statutes,

13  shall be available.

14         Section 13.  Except as otherwise provided herein, this

15  act shall take effect July 1 of the year in which enacted.

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