1 | A bill to be entitled |
2 | An act relating to the tax on sales, use, and other |
3 | transactions; amending s. 212.08, F.S.; providing an |
4 | exemption from the use tax for an aircraft that |
5 | temporarily enters the state or is temporarily in the |
6 | state for certain purposes; providing criteria for proof; |
7 | specifying the exemption to be in addition to certain |
8 | other provisions; providing an effective date. |
9 |
|
10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
|
12 | Section 1. Paragraph (ggg) is added to subsection (7) of |
13 | section 212.08, Florida Statutes, to read: |
14 | 212.08 Sales, rental, use, consumption, distribution, and |
15 | storage tax; specified exemptions.--The sale at retail, the |
16 | rental, the use, the consumption, the distribution, and the |
17 | storage to be used or consumed in this state of the following |
18 | are hereby specifically exempt from the tax imposed by this |
19 | chapter. |
20 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
21 | entity by this chapter do not inure to any transaction that is |
22 | otherwise taxable under this chapter when payment is made by a |
23 | representative or employee of the entity by any means, |
24 | including, but not limited to, cash, check, or credit card, even |
25 | when that representative or employee is subsequently reimbursed |
26 | by the entity. In addition, exemptions provided to any entity by |
27 | this subsection do not inure to any transaction that is |
28 | otherwise taxable under this chapter unless the entity has |
29 | obtained a sales tax exemption certificate from the department |
30 | or the entity obtains or provides other documentation as |
31 | required by the department. Eligible purchases or leases made |
32 | with such a certificate must be in strict compliance with this |
33 | subsection and departmental rules, and any person who makes an |
34 | exempt purchase with a certificate that is not in strict |
35 | compliance with this subsection and the rules is liable for and |
36 | shall pay the tax. The department may adopt rules to administer |
37 | this subsection. |
38 | (ggg) Aircraft temporarily in the state.-- |
39 | 1. An aircraft owned by a nonresident is exempt from the |
40 | use tax imposed under this chapter if the aircraft enters and |
41 | remains in this state for less than a total of 21 days during |
42 | the 6-month period after the date of purchase. The temporary use |
43 | of the aircraft and subsequent removal from this state may be |
44 | proven by invoices for fuel, tie-down, or hangar charges issued |
45 | by out-of-state vendors or suppliers or similar documentation |
46 | that clearly and specifically identifies the aircraft. The |
47 | exemption created by this subparagraph shall be allowed in |
48 | addition to the provisions contained in subparagraph 2. and s. |
49 | 212.05(1)(a). |
50 | 2. An aircraft owned by a nonresident is exempt from the |
51 | use tax imposed under this chapter if the aircraft enters or |
52 | remains in this state exclusively for purposes of flight |
53 | training, repairs, alterations, refitting, or modification. Such |
54 | flight training, repairs, alterations, refitting, or |
55 | modification shall be supported by written documentation issued |
56 | by in-state vendors or suppliers which clearly and specifically |
57 | identifies the aircraft. The exemption created by this |
58 | subparagraph shall be allowed in addition to the provisions |
59 | contained in subparagraph 1. and s. 212.05(1)(a). |
60 | Section 2. This act shall take effect July 1, 2008. |