Senate Bill sb0422

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    Florida Senate - 2006                                   SB 422

    By Senator Bennett





    21-482-06

  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.08, F.S.;

  4         providing that an exemption from the tax

  5         applies to certain services of tailors and

  6         seamstresses; providing an effective date.

  7  

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

  9  

10         Section 1.  Paragraph (v) of subsection (7) of section

11  212.08, Florida Statutes, is amended to read:

12         212.08  Sales, rental, use, consumption, distribution,

13  and storage tax; specified exemptions.--The sale at retail,

14  the rental, the use, the consumption, the distribution, and

15  the storage to be used or consumed in this state of the

16  following are hereby specifically exempt from the tax imposed

17  by this chapter.

18         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

19  any entity by this chapter do not inure to any transaction

20  that is otherwise taxable under this chapter when payment is

21  made by a representative or employee of the entity by any

22  means, including, but not limited to, cash, check, or credit

23  card, even when that representative or employee is

24  subsequently reimbursed by the entity. In addition, exemptions

25  provided to any entity by this subsection do not inure to any

26  transaction that is otherwise taxable under this chapter

27  unless the entity has obtained a sales tax exemption

28  certificate from the department or the entity obtains or

29  provides other documentation as required by the department.

30  Eligible purchases or leases made with such a certificate must

31  be in strict compliance with this subsection and departmental

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    Florida Senate - 2006                                   SB 422
    21-482-06




 1  rules, and any person who makes an exempt purchase with a

 2  certificate that is not in strict compliance with this

 3  subsection and the rules is liable for and shall pay the tax.

 4  The department may adopt rules to administer this subsection.

 5         (v)  Professional services.--

 6         1.  Also exempted are professional, insurance, or

 7  personal service transactions that involve sales as

 8  inconsequential elements for which no separate charges are

 9  made.

10         2.  This exemption applies to the services rendered by

11  tailors or seamstresses in repairing or altering articles of

12  clothing or accessories to clothing.

13         3.2.  The personal service transactions exempted

14  pursuant to subparagraph 1. do not exempt the sale of

15  information services involving the furnishing of printed,

16  mimeographed, or multigraphed matter, or matter duplicating

17  written or printed matter in any other manner, other than

18  professional services and services of employees, agents, or

19  other persons acting in a representative or fiduciary capacity

20  or information services furnished to newspapers and radio and

21  television stations.  As used in this subparagraph, the term

22  "information services" includes the services of collecting,

23  compiling, or analyzing information of any kind or nature and

24  furnishing reports thereof to other persons.

25         4.3.  This exemption does not apply to any service

26  warranty transaction taxable under s. 212.0506.

27         5.4.  This exemption does not apply to any service

28  transaction taxable under s. 212.05(1)(i).

29         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                   SB 422
    21-482-06




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 2                          SENATE SUMMARY

 3    Provides that the sales tax exemption for professional
      services applies to services rendered by tailors or
 4    seamstresses in repairing or altering clothing or
      accessories to clothing.
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