Florida Senate - 2009                                    SB 1590
       
       
       
       By Senator Altman
       
       
       
       
       24-01229B-09                                          20091590__
    1                        A bill to be entitled                      
    2         An act relating to communications services taxes;
    3         amending s. 202.29, F.S.; authorizing dealers to
    4         report a credit for bad debt by netting the credit
    5         against the tax due; authorizing dealers to use a
    6         proportionate allocation method or other reasonable
    7         method in determining amount of bad debt attributable
    8         to the state or local jurisdiction; providing for
    9         retroactive operation; specifying that the act is
   10         remedial in nature and not a basis for certain refunds
   11         of tax; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15  Section 1. Subsection (4) is added to section 202.29, Florida
   16  Statutes, to read:
   17         202.29 Bad debts.—
   18         (4)(a) A dealer may report the credit for bad debt allowed
   19  under this section by netting such credit against the tax due to
   20  the state pursuant to s. 202.12 or to a local jurisdiction
   21  pursuant to s. 202.19, but such netting may not reduce the
   22  amount due to the state or to any local jurisdiction below zero.
   23         (b) For purposes of determining the amount of bad debt that
   24  is attributable to the state or to a local jurisdiction, a
   25  dealer may employ a proportionate allocation method based on
   26  current gross taxes due or another reasonable allocation method
   27  approved by the department.
   28         Section 2. This act shall operate retroactively to July 1,
   29  2000; however, the retroactive operation of this act is remedial
   30  in nature, does not create a right to a refund, and does not
   31  require a refund by any governmental entity of any tax, penalty,
   32  or interest remitted to the Department of Revenue before July 1,
   33  2009.
   34         Section 3. This act shall take effect July 1, 2009.