Senate Bill sb0126

    Florida Senate - 2002                                   SB 126

    By Senator Pruitt





    27-175A-02

  1                      A bill to be entitled

  2         An act relating to corporate income tax;

  3         amending s. 220.15, F.S., which provides for

  4         apportionment of adjusted federal income to

  5         this state; revising the conditions for

  6         determining when sales of tangible personal

  7         property occur in this state for certain

  8         industries; providing for retroactive effect;

  9         providing an effective date.

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

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13         Section 1.  Paragraph (b) of subsection (5) of section

14  220.15, Florida Statutes, is amended to read:

15         220.15  Apportionment of adjusted federal income.--

16         (5)  The sales factor is a fraction the numerator of

17  which is the total sales of the taxpayer in this state during

18  the taxable year or period and the denominator of which is the

19  total sales of the taxpayer everywhere during the taxable year

20  or period.

21         (b)1.  Sales of tangible personal property occur in

22  this state if the property is delivered or shipped to a

23  purchaser within this state, regardless of the f.o.b. point,

24  other conditions of the sale, or ultimate destination of the

25  property, unless shipment is made via a common or contract

26  carrier. However, for industries in SIC Industry Number 2037,

27  if the ultimate destination of the product is to a location

28  outside this state, regardless of the method of shipment or

29  f.o.b. point, the sale shall not be deemed to occur in this

30  state.

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






    Florida Senate - 2002                                   SB 126
    27-175A-02




  1         2.  When citrus fruit is delivered by a cooperative for

  2  a grower-member, by a grower-member to a cooperative, or by a

  3  grower-participant to a Florida processor, the sales factor

  4  for the growers for such citrus fruit delivered to such

  5  processor shall be the same as the sales factor for the most

  6  recent taxable year of that processor.  That sales factor,

  7  expressed only as a percentage and not in terms of the dollar

  8  volume of sales, so as to protect the confidentiality of the

  9  sales of the processor, shall be furnished on the request of

10  such a grower promptly after it has been determined for that

11  taxable year.

12         3.  Reimbursement of expenses under an agency contract

13  between a cooperative, a grower-member of a cooperative, or a

14  grower and a processor is not a sale within this state.

15         Section 2.  This act shall take effect upon becoming a

16  law and shall apply to tax years beginning on or after January

17  1, 2002.

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20                       LEGISLATIVE SUMMARY

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      For purposes of apportionment of federal income for
22    corporate income tax, revises the conditions for
      determining when sales of tangible personal property
23    occur in this state for industries in SIC Industry Number
      2037 (canning fruits, vegetables, tomato sauces, and
24    preserves, jams, and jellies).

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