1 | A bill to be entitled |
2 | An act relating to enterprise zone business property use |
3 | tax exemption; amending s. 212.08, F.S.; revising refund |
4 | requirements for the exemption for certain business |
5 | property used in an enterprise zone; revising the |
6 | definition of "business property"; providing an effective |
7 | date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Paragraph (h) of subsection (5) of section |
12 | 212.08, Florida Statutes, is amended to read: |
13 | 212.08 Sales, rental, use, consumption, distribution, and |
14 | storage tax; specified exemptions.--The sale at retail, the |
15 | rental, the use, the consumption, the distribution, and the |
16 | storage to be used or consumed in this state of the following |
17 | are hereby specifically exempt from the tax imposed by this |
18 | chapter. |
19 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
20 | (h) Business property used in an enterprise zone.-- |
21 | 1. Business property purchased for use by businesses |
22 | located in an enterprise zone which is subsequently used in an |
23 | enterprise zone shall be exempt from the tax imposed by this |
24 | chapter. This exemption inures to the business only through a |
25 | refund of previously paid taxes. A refund shall be authorized |
26 | upon an affirmative showing by the taxpayer to the satisfaction |
27 | of the department that the requirements of this paragraph have |
28 | been met. |
29 | 2. To receive a refund, the business must file under oath |
30 | with the governing body or enterprise zone development agency |
31 | having jurisdiction over the enterprise zone where the business |
32 | is located, as applicable, an application which includes: |
33 | a. The name and address of the business claiming the |
34 | refund. |
35 | b. The identifying number assigned pursuant to s. 290.0065 |
36 | to the enterprise zone in which the business is located. |
37 | c. A specific description of the property for which a |
38 | refund is sought, including its serial number or other permanent |
39 | identification number. |
40 | d. The location of the property. |
41 | e. The sales invoice or other proof of purchase of the |
42 | property, showing the amount of sales tax paid, the date of |
43 | purchase, and the name and address of the sales tax dealer from |
44 | whom the property was purchased. |
45 | f. Whether the business is a small business as defined by |
46 | s. 288.703(1). |
47 | g. If applicable, the name and address of each permanent |
48 | employee of the business, including, for each employee who is a |
49 | resident of an enterprise zone, the identifying number assigned |
50 | pursuant to s. 290.0065 to the enterprise zone in which the |
51 | employee resides. |
52 | 3. Within 10 working days after receipt of an application, |
53 | the governing body or enterprise zone development agency shall |
54 | review the application to determine if it contains all the |
55 | information required pursuant to subparagraph 2. and meets the |
56 | criteria set out in this paragraph. The governing body or agency |
57 | shall certify all applications that contain the information |
58 | required pursuant to subparagraph 2. and meet the criteria set |
59 | out in this paragraph as eligible to receive a refund. If |
60 | applicable, the governing body or agency shall also certify if |
61 | 20 percent of the employees of the business are residents of an |
62 | enterprise zone, excluding temporary and part-time employees. |
63 | The certification shall be in writing, and a copy of the |
64 | certification shall be transmitted to the executive director of |
65 | the Department of Revenue. The business shall be responsible for |
66 | forwarding a certified application to the department within the |
67 | time specified in subparagraph 4. |
68 | 4. An application for a refund pursuant to this paragraph |
69 | must be submitted to the department within 6 months after the |
70 | tax is due on the business property that is purchased. |
71 | 5. The provisions of s. 212.095 do not apply to any refund |
72 | application made pursuant to this paragraph. The amount refunded |
73 | on purchases of business property under this paragraph shall be |
74 | the lesser of 97 percent of the sales tax paid on such business |
75 | property or $5,000, or, if no less than 20 percent of the |
76 | employees of the business are residents of an enterprise zone, |
77 | excluding temporary and part-time employees, the amount refunded |
78 | on purchases of business property under this paragraph shall be |
79 | the lesser of 97 percent of the sales tax paid on such business |
80 | property or $10,000. A refund approved pursuant to this |
81 | paragraph shall be made within 30 days of formal approval by the |
82 | department of the application for the refund. No refund shall be |
83 | granted under this paragraph unless the amount to be refunded |
84 | exceeds $300 $100 in sales tax paid on combined purchases made |
85 | within a 90-day 60-day time period. |
86 | 6. The department shall adopt rules governing the manner |
87 | and form of refund applications and may establish guidelines as |
88 | to the requisites for an affirmative showing of qualification |
89 | for exemption under this paragraph. |
90 | 7. If the department determines that the business property |
91 | is used outside an enterprise zone within 3 years from the date |
92 | of purchase, the amount of taxes refunded to the business |
93 | purchasing such business property shall immediately be due and |
94 | payable to the department by the business, together with the |
95 | appropriate interest and penalty, computed from the date of |
96 | purchase, in the manner provided by this chapter. |
97 | Notwithstanding this subparagraph, business property used |
98 | exclusively in: |
99 | a. Licensed commercial fishing vessels, |
100 | b. Fishing guide boats, or |
101 | c. Ecotourism guide boats |
102 |
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103 | that leave and return to a fixed location within an area |
104 | designated under s. 370.28 are eligible for the exemption |
105 | provided under this paragraph if all requirements of this |
106 | paragraph are met. Such vessels and boats must be owned by a |
107 | business that is eligible to receive the exemption provided |
108 | under this paragraph. This exemption does not apply to the |
109 | purchase of a vessel or boat. |
110 | 8. The department shall deduct an amount equal to 10 |
111 | percent of each refund granted under the provisions of this |
112 | paragraph from the amount transferred into the Local Government |
113 | Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 |
114 | for the county area in which the business property is located |
115 | and shall transfer that amount to the General Revenue Fund. |
116 | 9. For the purposes of this exemption, "business property" |
117 | means new or used property defined as "recovery property" in s. |
118 | 168(c) of the Internal Revenue Code of 1954, as amended, except: |
119 | a. Property classified as 3-year property under s. |
120 | 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended.; |
121 | b. Industrial machinery and equipment as defined in sub- |
122 | subparagraph (b)6.a. and eligible for exemption under paragraph |
123 | (b).; |
124 | c. Building materials as defined in sub-subparagraph |
125 | (g)8.a.; and |
126 | d. Business property having a sales price of under $5,000 |
127 | per unit. |
128 | 10. This paragraph expires on the date specified in s. |
129 | 290.016 for the expiration of the Florida Enterprise Zone Act. |
130 | Section 2. This act shall take effect July 1, 2007. |