Senate Bill 1244

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



    Florida Senate - 1999                                  SB 1244

    By Senator Klein





    28-875-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to intangible personal property

  3         taxes; providing a short title; amending s.

  4         199.052, F.S.; decreasing the minimum amount of

  5         annual intangible personal property tax which a

  6         person may be required to pay; amending s.

  7         199.185, F.S.; increasing the exemption from

  8         the annual tax granted to natural persons;

  9         providing effective dates.

10

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

12

13         Section 1.  This act may be cited as the "Intangible

14  Tax Equity and Simplification Act of 1999."

15         Section 2.  Subsection (2) of section 199.052, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         199.052  Annual tax returns; payment of annual tax.--

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

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

20  intangible personal property, after exemptions, would be less

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

22  unless the taxpayer is a corporation, a banking organization

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

24  agent or fiduciary of whom the department requires an

25  informational return. Agents and fiduciaries shall report for

26  each person for whom they hold intangible personal property if

27  the aggregate annual tax on such person is $5 $60 or more.

28         Section 3.  Effective July 1, 2000, subsection (2) of

29  section 199.052, Florida Statutes, 1998 Supplement, as amended

30  by section 3 of chapter 98-132, Laws of Florida, is amended to

31  read:

                                  1

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






    Florida Senate - 1999                                  SB 1244
    28-875-99                                               See HB




  1         199.052  Annual tax returns; payment of annual tax.--

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

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

  4  intangible personal property, after exemptions, would be less

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

  6  unless the taxpayer is a corporation or an agent or fiduciary

  7  of whom the department requires an informational return.

  8  Agents and fiduciaries shall report for each person for whom

  9  they hold intangible personal property if the aggregate annual

10  tax on such person is $5 $60 or more.

11         Section 4.  Subsection (2) of section 199.185, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         199.185  Property exempted from annual and nonrecurring

14  taxes.--

15         (2)(a)  With respect to the first mill of the annual

16  tax, every natural person is entitled each year to an

17  exemption of the first $75,000 $20,000 of the value of

18  property otherwise subject to said tax.  A husband and wife

19  filing jointly shall have an exemption of $150,000 $40,000.

20         (b)  With respect to the last mill of the annual tax,

21  every natural person is entitled each year to an exemption of

22  the first $100,000 of the value of property otherwise subject

23  to said tax. A husband and wife filing jointly shall have an

24  exemption of $200,000.

25

26  Agents and fiduciaries, other than guardians and custodians

27  under a gifts-to-minors act, filing as such may not claim this

28  exemption on behalf of their principals or beneficiaries;

29  however, if the principal or beneficiary returns the property

30  held by the agent or fiduciary and is a natural person, the

31  principal or beneficiary may claim the exemption.  No taxpayer

                                  2

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






    Florida Senate - 1999                                  SB 1244
    28-875-99                                               See HB




  1  shall be entitled to more than one exemption under this

  2  subsection paragraph (a) and one exemption under paragraph

  3  (b).  This exemption shall not apply to that intangible

  4  personal property described in s. 199.023(1)(d).

  5         Section 5.  Except as otherwise provided in this act,

  6  this act shall take effect January 1, 2000.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10
      Creates the "Intangible Tax Equity and Simplification Act
11    of 1999." Decreases from $60 to $5 the minimum amount of
      annual intangible personal property tax which a person
12    may be required to pay. Increases the value of intangible
      personal property owned by a natural person which is
13    exempt from the annual tax thereon from $20,000, with
      respect to the first mill of tax, and $100,000, with
14    respect to the second mill of tax, to a flat $75,000 with
      respect to both mills (these amounts are doubled for a
15    husband and wife filing jointly).

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3