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| 1 | A bill to be entitled | ||
| 2 | An act relating to the taxable price of bundled | ||
| 3 | transactions; creating s. 202.165, F.S.; providing a | ||
| 4 | definition; specifying the taxable price of certain | ||
| 5 | bundled transactions; providing an effective date. | ||
| 6 | |||
| 7 | Be It Enacted by the Legislature of the State of Florida: | ||
| 8 | |||
| 9 | Section 1. Section 202.165, Florida Statutes, is created | ||
| 10 | to read: | ||
| 11 | 202.165 Taxable price of bundled transactions.-- | ||
| 12 | (1) For purposes of this section, a bundled transaction | ||
| 13 | means a transaction consisting of distinct and identifiable | ||
| 14 | properties or services which are sold for a single nonitemized | ||
| 15 | price but which are treated differently for tax purposes. | ||
| 16 | (2) In the case of a bundled transaction that includes | ||
| 17 | communications services: | ||
| 18 | (a) If the price is attributable to properties or services | ||
| 19 | that are taxable and properties or services that are nontaxable, | ||
| 20 | the portion of the price attributable to the nontaxable | ||
| 21 | properties or services shall be subject to tax unless the | ||
| 22 | provider can reasonably identify such portion from its books and | ||
| 23 | records kept in the regular course of business. | ||
| 24 | (b) If the price is attributable to properties or services | ||
| 25 | that are taxable at different rates, the total price shall be | ||
| 26 | treated as attributable to the properties or services taxable at | ||
| 27 | the highest rate unless the provider can reasonably identify the | ||
| 28 | portion of the price attributable to the properties or services | ||
| 29 | taxable at a lower rate from its books and records kept in the | ||
| 30 | regular course of business. | ||
| 31 | Section 2. This act shall take effect upon becoming a law. | ||
| 32 | |||