House Bill 0505

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    Florida House of Representatives - 1999                 HB 505

        By Representative Russell






  1                      A bill to be entitled

  2         An act relating to taxpayers' rights; creating

  3         s. 213.023, F.S.; requiring the Department of

  4         Revenue to respond in writing to taxpayers'

  5         questions within a specified period; requiring

  6         the department to maintain a log of questions

  7         and responses; providing that a taxpayer may

  8         rely on a written response; prohibiting

  9         imposition of tax, interest, or penalty in

10         specified circumstances; amending s. 213.015,

11         F.S.; adding a cross-reference; providing an

12         effective date.

13

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

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16         Section 1.  Section 213.023, Florida Statutes, is

17  created to read:

18         213.023  Questions of department; duty to respond;

19  reliance on response.--

20         (1)  When the Department of Revenue receives a question

21  from a taxpayer, it must respond in writing within 20 days

22  after it receives the question. The department may make a

23  preliminary response orally, but each oral response must be

24  confirmed by a written response within 20 days after it has

25  received the question. The department shall maintain a log

26  that records the date on which each question is received, the

27  name of the taxpayer propounding the question, the date on

28  which it issues its written response, and, if applicable, the

29  date on which it issues an oral response.

30         (2)  A taxpayer who receives a written response from

31  the department may rely on that response, and the department

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    Florida House of Representatives - 1999                 HB 505

    709-101-99






  1  may not collect any tax, interest, or penalty from a taxpayer

  2  when the liability for the tax, interest, or penalty is based

  3  on an interpretation of law or rule that varies from the

  4  interpretation used in formulating the response given the

  5  taxpayer. This subsection does not apply when the department's

  6  response is based on a false or misleading statement of facts

  7  supplied by the taxpayer.

  8         Section 2.  Subsections (1) and (4) of section 213.015,

  9  Florida Statutes, are amended to read:

10         213.015  Taxpayer rights.--There is created a Florida

11  Taxpayer's Bill of Rights to guarantee that the rights,

12  privacy, and property of Florida taxpayers are adequately

13  safeguarded and protected during tax assessment, collection,

14  and enforcement processes administered under the revenue laws

15  of this state.  The Taxpayer's Bill of Rights compiles, in one

16  document, brief but comprehensive statements which explain, in

17  simple, nontechnical terms, the rights and obligations of the

18  Department of Revenue and taxpayers.  The rights afforded

19  taxpayers to assure that their privacy and property are

20  safeguarded and protected during tax assessment and collection

21  are available only insofar as they are implemented in other

22  parts of the Florida Statutes or rules of the Department of

23  Revenue. The rights so guaranteed Florida taxpayers in the

24  Florida Statutes and the departmental rules are:

25         (1)  The right to available information and prompt,

26  accurate responses to questions and requests for tax

27  assistance (see s. 213.023).

28         (4)  The right to freedom from penalty attributable to

29  any taxes administered by the Department of Revenue; freedom

30  from payment of uncollected sales, use, motor or diesel fuel,

31  or other transaction-based excise taxes administered by the

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    Florida House of Representatives - 1999                 HB 505

    709-101-99






  1  Department of Revenue; and to abatement of interest

  2  attributable to any taxes administered by the Department of

  3  Revenue, when the taxpayer reasonably relies upon binding

  4  written advice furnished to the taxpayer by the department

  5  through authorized representatives in response to the

  6  taxpayer's specific written request which provided adequate

  7  and accurate information (see ss. 120.565, 213.023, and

  8  213.22).

  9         Section 3.  This act shall take effect July 1, 1999.

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12                          SENATE SUMMARY

13    Requires the Department of Revenue to respond within 20
      days in writing to questions submitted to the department
14    by taxpayers. Preliminary oral responses are permitted,
      but must be confirmed by written responses. Requires the
15    department to maintain a log showing the dates a question
      was received and the response or responses made. A
16    taxpayer is entitled to rely on a response, and the
      department may not impose a tax, interest, or a penalty
17    based on an interpretation of law or rule that varies
      from that in the written response.
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