Senate Bill 0338
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 338
By Senator Horne
6-100-00
1 A bill to be entitled
2 An act relating to the tax on sales, use, and
3 other transactions; amending s. 212.17, F.S.;
4 providing for a credit or refund against such
5 tax paid by a dealer on the unpaid balance due
6 on certain worthless accounts; providing
7 procedures; providing restrictions; providing
8 applicability; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (8) is added to section 212.17,
13 Florida Statutes, to read:
14 212.17 Credits for returned goods, rentals, or
15 admissions; goods acquired for dealer's own use and
16 subsequently resold; additional powers of department.--
17 (8) A dealer who has paid the tax imposed by this
18 chapter on tangible personal property or services may take a
19 credit or obtain a refund for any tax paid by the dealer on
20 the unpaid balance due on worthless accounts within 12 months
21 following the month in which the bad debt has been charged off
22 for federal income tax purposes by the dealer or by the person
23 who owns the retail account pursuant to a private label credit
24 card agreement with the dealer. As used in this subsection,
25 the term "private label credit card agreement" means an
26 agreement made directly between a dealer and a bank or other
27 financial institution pursuant to which the bank or other
28 financial institution issues to some of the dealer's customers
29 credit cards that carry the name of the dealer and can be used
30 solely for purchases from that dealer or from another member
31 of an affiliated group of corporations, as defined in s.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 338
6-100-00
1 220.03(1)(b), in which the dealer is a member. In determining
2 whether a credit or refund has been properly claimed, the
3 department may look solely to records and information
4 available from the dealer and may, but is not required to,
5 audit the bank or financial institution that issued the
6 private label credit card. If a tax credit or refund has been
7 made for any account so charged off and the account is
8 thereafter paid in whole or in part, the amount so paid must
9 be included in the first return filed after such a collection,
10 and the tax must be paid accordingly. It is the intent of the
11 Legislature that this subsection neither validates nor
12 invalidates any assignment by a dealer to another person of
13 the right to any credit or refund under this section. In
14 addition, this subsection may not be used as evidence of
15 legislative intent as to subsection (2) or subsection (3) in
16 any judicial proceeding pending on June 30, 2000, or initiated
17 after that date, or with respect to any credit or refund claim
18 pending on or initiated after that date. It is the further
19 intent of the Legislature that this subsection applies only to
20 transactions that entail the use of a private label credit
21 card.
22 Section 2. This act shall take effect July 1, 2000.
23
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25 SENATE SUMMARY
26 Provides for a credit or refund against the tax on sales,
use, and other transactions for the tax paid on the
27 unpaid balance due on certain worthless accounts when the
transactions creating the accounts entail the use of a
28 private label credit card. Provides procedures. Defines
the term "private label credit card agreement." Provides
29 restrictions. Prohibits using this act as evidence of
legislative intent concerning s. 212.17(2), F.S., or s.
30 212.17(3), F.S. Provides applicability.
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