CODING: Words stricken are deletions; words underlined are additions.
House Bill 0915




    Florida House of Representatives - 1997                 HB 915

        By Representative Fuller






  1                      A bill to be entitled

  2         An act relating to tax on sales, use, and other

  3         transactions; amending s. 212.11, F.S.;

  4         revising provisions which require dealers who

  5         paid $100,000 or more in tax in the prior year

  6         to make estimated tax payments; providing that

  7         certain dealers engaged in the sale of boats,

  8         motor vehicles, or aircraft may, in lieu of

  9         making estimated tax payments, remit the tax

10         for sales of $100,000 or more at the time of

11         sale; providing an effective date.

12

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

14

15         Section 1.  Subsection (4) of section 212.11, Florida

16  Statutes, 1996 Supplement, is amended to read:

17         212.11  Tax returns and regulations.--

18         (4)(a)  Each dealer who is subject to the tax imposed

19  by this part and who paid such tax for the preceding state

20  fiscal year in an amount greater than or equal to $100,000

21  shall calculate the amount of estimated tax due pursuant to

22  this section for any month as provided in paragraph (1)(a).

23         (b)  The amount of any estimated tax shall be due,

24  payable, and remitted by electronic funds transfer by the 20th

25  day of the month for which it is estimated.  The difference

26  between the amount of estimated tax paid and the actual amount

27  of tax due under this part for such month shall be due and

28  payable by the first day of the following month and remitted

29  by electronic funds transfer by the 20th day thereof.

30         (c)  Any dealer who is eligible to file a consolidated

31  return and who paid the tax imposed by this part for the

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






    Florida House of Representatives - 1997                 HB 915

    527-132-97






  1  immediately preceding state fiscal year in an amount greater

  2  than or equal to $100,000 or would have paid the tax in such

  3  amount if he or she had filed a consolidated return shall be

  4  subject to the provisions of this subsection notwithstanding

  5  an election by the dealer in any month to file a separate

  6  return.

  7         (d)1.  A dealer who is engaged in the business of

  8  selling boats, motor vehicles, or aircraft may, in lieu of

  9  making estimated tax payments as required by this subsection,

10  remit the tax at the time of sale with respect to the sale of

11  each boat, motor vehicle, or aircraft sold for a sales price

12  of $100,000 or greater.

13         2.  In order to qualify for this remittance procedure,

14  a boat, motor vehicle, or aircraft dealer must have remitted

15  sales tax for the preceding state fiscal year in an amount

16  greater than or equal to $100,000 per business location.

17         3.  The tax shall be remitted either by electronic

18  funds transfer on the date of the sale or on a form prescribed

19  by the department and postmarked on the date of the sale.

20         (e)(d)  The penalty provisions of this part, except s.

21  212.12(2)(c), apply to the provisions of this subsection.

22         Section 2.  This act shall take effect July 1, 1997.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Revises provisions which require sales tax dealers who
27    paid $100,000 or more in tax in the prior year to make
      estimated tax payments.  Provides that certain dealers
28    engaged in the sale of boats, motor vehicles, or aircraft
      may, in lieu of making estimated tax payments, remit the
29    tax for sales of $100,000 or more at the time of sale.

30

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