1 | Representative Hooper offered the following: |
2 |
|
3 | Amendment (with title amendment) |
4 | Remove line(s) 185-232 and insert: |
5 | Section 2. Subsection (34) is added to section 212.02, |
6 | Florida Statutes, to read: |
7 | 212.02 Definitions.--The following terms and phrases when |
8 | used in this chapter have the meanings ascribed to them in this |
9 | section, except where the context clearly indicates a different |
10 | meaning: |
11 | (34) "Fractional aircraft ownership program" means a |
12 | program that meets the requirements of 14 C.F.R. part 91, |
13 | subpart K, relating to fractional ownership operations, except |
14 | the program must include a minimum of 25 aircraft owned or |
15 | leased by the business or affiliated group, as defined by s. |
16 | 1504(a) of the Internal Revenue Code, providing the program. |
17 | Such aircraft must be used in the fractional aircraft ownership |
18 | program providing the program. |
19 | Section 3. Section 212.0597, Florida Statutes, is created |
20 | to read: |
21 | 212.0597 Maximum tax on fractional aircraft ownership |
22 | interests.--The tax imposed under this chapter, including any |
23 | discretionary sales surtax under s. 212.055, is limited to $300 |
24 | on the sale or use in this state of a fractional ownership |
25 | interest in aircraft pursuant to a fractional aircraft ownership |
26 | program. This maximum tax applies to the total consideration |
27 | paid for the fractional ownership interest, including any |
28 | amounts paid by the fractional owner as monthly management or |
29 | maintenance fees. The maximum tax applies only if the fractional |
30 | ownership interest is sold by or to the operator of the |
31 | fractional aircraft ownership program or if the fractional |
32 | ownership interest is transferred upon the approval of the |
33 | operator of the fractional aircraft ownership program. |
34 | Section 4. Paragraphs (ggg) and (hhh) are added to |
35 | subsection (7) of section 212.08, Florida Statutes, to read: |
36 | 212.08 Sales, rental, use, consumption, distribution, and |
37 | storage tax; specified exemptions.--The sale at retail, the |
38 | rental, the use, the consumption, the distribution, and the |
39 | storage to be used or consumed in this state of the following |
40 | are hereby specifically exempt from the tax imposed by this |
41 | chapter. |
42 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
43 | entity by this chapter do not inure to any transaction that is |
44 | otherwise taxable under this chapter when payment is made by a |
45 | representative or employee of the entity by any means, |
46 | including, but not limited to, cash, check, or credit card, even |
47 | when that representative or employee is subsequently reimbursed |
48 | by the entity. In addition, exemptions provided to any entity by |
49 | this subsection do not inure to any transaction that is |
50 | otherwise taxable under this chapter unless the entity has |
51 | obtained a sales tax exemption certificate from the department |
52 | or the entity obtains or provides other documentation as |
53 | required by the department. Eligible purchases or leases made |
54 | with such a certificate must be in strict compliance with this |
55 | subsection and departmental rules, and any person who makes an |
56 | exempt purchase with a certificate that is not in strict |
57 | compliance with this subsection and the rules is liable for and |
58 | shall pay the tax. The department may adopt rules to administer |
59 | this subsection. |
60 | (ggg) Aircraft temporarily in the state.-- |
61 | 1. An aircraft owned by a person who is not a resident of |
62 | this state is exempt from the use tax imposed under this chapter |
63 | if the aircraft enters and remains in this state for less than a |
64 | total of 21 days during the 6-month period after the date of |
65 | purchase. The temporary use of the aircraft and subsequent |
66 | removal from this state may be proven by invoices for fuel or |
67 | tie-down or hangar charges issued by out-of-state vendors or |
68 | suppliers or similar documentation that clearly and specifically |
69 | identifies the aircraft. The exemption provided by this |
70 | subparagraph shall be in addition to the provisions of |
71 | subparagraph 2. and s. 212.05(1)(a). |
72 | 2. An aircraft owned by a person who is not a resident of |
73 | this state is exempt from the use tax imposed under this chapter |
74 | if the aircraft enters or remains in this state exclusively for |
75 | purposes of flight training, repairs, alterations, refitting, or |
76 | modification. Such flight training, repairs, alterations, |
77 | refitting, or modification shall be supported by written |
78 | documentation issued by in-state vendors or suppliers which |
79 | clearly and specifically identifies the aircraft. The exemption |
80 | provided by this subparagraph shall be in addition to the |
81 | provisions of subparagraph 1. and s. 212.05(1)(a). |
82 | (hhh) Fractional aircraft ownership programs.--Also exempt |
83 | from the tax imposed by this chapter is the sale or use of |
84 | aircraft primarily used in a fractional aircraft ownership |
85 | program and any parts or labor used in the completion, |
86 | maintenance, repair, or overhaul of such aircraft. The exemption |
87 | is not allowed unless the purchaser or lessee furnishes the |
88 | dealer with a certificate stating that the lease, purchase, |
89 | repair, or maintenance to be exempted is for aircraft primarily |
90 | used in a fractional aircraft ownership program and that the |
91 | purchaser or lessee qualifies for the exemption. If a purchaser |
92 | or lessee makes tax-exempt purchases on a continual basis, the |
93 | purchaser or lessee may allow the dealer to keep the certificate |
94 | on file. The purchaser or lessee must inform the dealer that has |
95 | the certificate on file if the purchaser or lessee no longer |
96 | qualifies for the exemption. The department shall determine the |
97 | format of the certificate. |
98 |
|
99 |
|
100 |
|
101 |
|
102 |
|
103 |
|
104 |
|
105 | ----------------------------------------------------- |
106 | T I T L E A M E N D M E N T |
107 | Remove line(s) 5-8 and insert: |
108 | amending s. 212.02, F.S.; defining the term "fractional aircraft |
109 | ownership program"; creating s. 212.0597, F.S.; providing a |
110 | maximum tax on the sale or use of fractional aircraft ownership |
111 | interests; providing applicability; amending s. 212.08, F.S.; |
112 | exempting from the use tax aircraft owned by nonresidents and |
113 | entering and remaining in the state for certain purposes under |
114 | certain circumstances; providing tax exemptions on the sale or |
115 | use of aircraft primarily used in a fractional aircraft |
116 | ownership program and any parts and labor used in the |
117 | completion, maintenance, repair, and overhaul of such aircraft; |
118 | providing an effective date. |
119 |
|