Amendment
Bill No. 0791
Amendment No. 528061
CHAMBER ACTION
Senate House
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1Representative Ryan offered the following:
2
3     Substitute Amendment for Amendment (391795) (with directory
4and title amendments)
5     Remove line(s) 46-63, and insert:
6     Section 1.  Subsection (2) of section 199.185, Florida
7Statutes, is amended to read:
8     199.185  Property exempted from annual and nonrecurring
9taxes.--
10     (2)  Every natural person is entitled each year to an
11exemption of the first $500,000 $250,000 of the value of
12property otherwise subject to the annual tax. A husband and wife
13filing jointly shall have an exemption of $1 million $500,000.
14Every taxpayer that is not a natural person is entitled each
15year to an exemption of the first $500,000 $250,000 of the value
16of property otherwise subject to the tax. Agents and
17fiduciaries, other than guardians and custodians under a gifts-
18to-minors act, filing as such may not claim this exemption on
19behalf of their principals or beneficiaries; however, if the
20principal or beneficiary returns the property held by the agent
21or fiduciary and is a natural person, the principal or
22beneficiary may claim the exemption. No taxpayer shall be
23entitled to more than one exemption under this subsection. This
24exemption shall not apply to that intangible personal property
25described in s. 199.023(1)(d).
26     Section 2.  Section 199.105, Florida Statutes, is created
27to read:
28     199.105  Anti-avoidance provision.--
29     (1)  Any taxpayer who, within 60 days prior to December 31
30of any year, sells, transfers, or conveys any taxable intangible
31personal property to any person or entity outside the state and
32within 60 days after January 1 repurchases or receives the same
33or identical property shall be taxed with regard to such
34property as if the transfer had not taken place. Such a transfer
35shall be prima facie evidence of intent to evade taxation and
36the taxpayer has the burden of proving the existence of a bona
37fide investment or business purpose, other than the avoidance of
38taxes, for such transactions.
39     (2)  If, by the terms or operation of any trust, any
40property that constitutes trust principal may revert to the
41grantor or beneficiary of the trust or the grantor's or
42beneficiary's estate during the existence of or upon termination
43of the trust, the grantor or beneficiary shall be treated as
44owning the property.
45     (3)  The Department of Revenue may adopt any rules
46necessary to carry out the intent of this section.
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49================ T I T L E  A M E N D M E N T =============
50     Remove line(s) 7-9, and insert:
51tax; amending s. 199.185, F.S.; increasing the exempt value of
52property subject to the tax; creating s. 199.105, F.S.; creating
53an anti-avoidance tax provision; providing for taxing certain
54sales, transfers, or conveyances of taxable intangible personal
55property under certain circumstances; providing for prima facie
56evidence of intent to avoid taxation; requiring a taxpayer to
57prove existence of bona fide investment or business purpose;
58providing conditions of trust grantor ownership of certain
59property; authorizing the Department of Revenue to adopt
60rules;providing an effective date.


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