1 | Representative Gottlieb offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove the entire body and insert: |
5 | Section 1. Section 199.032, Florida Statutes, is amended |
6 | to read: |
7 | 199.032 Levy of annual tax.--An annual tax of 2 mills 1 |
8 | mill is imposed on each dollar of the just valuation of all |
9 | intangible personal property that has a taxable situs in this |
10 | state of a business or an individual with over $1 million in |
11 | taxable assets or of a couple with over $2 million in taxable |
12 | assets, except for notes and other obligations for the payment |
13 | of money, other than bonds, which are secured by mortgage, deed |
14 | of trust, or other lien upon real property situated in the |
15 | state. This tax shall be assessed and collected as provided in |
16 | this chapter. |
17 | Section 2. The amendment of s. 199.032, Florida Statutes, |
18 | by this act shall expire on December 31, 2005, and the text of |
19 | that section shall revert to that in existence on December 31, |
20 | 2004, except that any amendments to such text enacted other than |
21 | by this act shall be preserved and continue to operate to the |
22 | extent that such amendments are not dependent upon the portions |
23 | of such text which expired pursuant to the provisions of this |
24 | act. |
25 | Section 3. The revenues generated by the increase in the |
26 | annual intangible personal property tax levied under s. 199.032, |
27 | Florida Statutes, as amended by this act, shall be used to reduce |
28 | the required local effort on school property taxes for the 2004- |
29 | 2005 fiscal year, notwithstanding any amount appropriated in the |
30 | General Appropriations Act for such fiscal year. |
31 | Section 4. Subsection (7) of section 199.023, Florida |
32 | Statutes, is amended to read: |
33 | 199.023 Definitions.--As used in this chapter: |
34 | (7) A resident has a "beneficial interest" in a trust if |
35 | the resident has a vested interest, even if subject to |
36 | divestment, which includes at least a current right to income |
37 | and either a power to revoke the trust or a general power of |
38 | appointment, as defined in 26 U.S.C. s. 2041(b)(1). For purposes |
39 | of this chapter, a resident is deemed to have a beneficial |
40 | interest in a trust if the resident is a grantor of an |
41 | irrevocable trust formed under any arrangement, verbal or |
42 | written, providing for more than 25 percent of the assets of the |
43 | trust to be transferred back to the grantor or beneficiary |
44 | within 10 years other than as the result of death of the |
45 | grantor. Particularly, any interest in assets in a trust |
46 | designated as a Florida Intangible Tax Exempt Trust, or a |
47 | similar arrangement, is deemed a beneficial interest. |
48 | Section 5. This act shall take effect January 1, 2005. |
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51 | ================= T I T L E A M E N D M E N T ================= |
52 | Remove the entire title and insert: |
53 | A bill to be entitled |
54 | An act relating to the annual intangible personal property |
55 | tax; amending s. 199.032, F.S.; increasing the tax rate for |
56 | one year; providing for reversion of the tax rate; amending |
57 | s. 199.023, F.S.; specifying additional criteria for |
58 | deeming a resident to have a beneficial interest in certain |
59 | trusts for purposes of intangible personal property tax |
60 | liability; providing construction; specifying uses of |
61 | increased revenues from the increase in the tax; providing |
62 | an effective date. |