HB 857

1
A bill to be entitled
2An act relating to communications services taxes; amending
3s. 202.29, F.S.; authorizing dealers to report a credit
4for bad debt by netting the credit against the tax due;
5authorizing dealers to use a proportionate allocation
6method or other reasonable method in determining amount of
7bad debt attributable to the state or local jurisdiction;
8providing for retroactive operation; specifying that the
9act is remedial in nature and not a basis for certain
10refunds of tax; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (4) is added to section 202.29,
15Florida Statutes, to read:
16     202.29  Bad debts.--
17     (4)(a)  A dealer may report the credit for bad debt allowed
18under this section by netting such credit against the tax due to
19the state pursuant to s. 202.12 or to a local jurisdiction
20pursuant to s. 202.19, but such netting may not reduce the
21amount due to the state or to any local jurisdiction below zero.
22     (b)  For purposes of determining the amount of bad debt
23that is attributable to the state or to a local jurisdiction, a
24dealer may employ a proportionate allocation method based on
25current gross taxes due or another reasonable allocation method
26approved by the department.
27     Section 2.  This act shall operate retroactively to July 1,
282000; however, the retroactive operation of this act is remedial
29in nature, does not create a right to a refund, and does not
30require a refund by any governmental entity of any tax, penalty,
31or interest remitted to the Department of Revenue before July 1,
322009.
33     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.