Florida Senate - 2010 SB 2620
By Senator Altman
24-01837C-10 20102620__
1 A bill to be entitled
2 An act relating to the estate tax; providing a short
3 title; amending s. 198.03, F.S.; revising the
4 imposition of a tax upon estates of nonresident
5 decedents; specifying application to certain property;
6 specifying a tax rate; specifying the amount of tax
7 due; specifying a time of payment requirement;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. This act may be cited as the “Florida Taxpayers
13 Protection Act.”
14 Section 2. Section 198.03, Florida Statutes, is amended to
15 read:
16 198.03 Tax upon estates of nonresident decedents.—A tax is
17 imposed upon the transfer of real property situate in this
18 state, upon tangible personal property having an actual situs in
19 this state, upon intangible personal property having a business
20 situs in this state and upon stocks, bonds, debentures, notes,
21 and other securities or obligations of corporations organized
22 under the laws of this state, of every person who at the time of
23 death was not a resident of this state but was a resident of the
24 United States, upon that portion of the estate or inheritance of
25 such nonresident decedent consisting of such property but only
26 to the extent the state in which such person is a resident
27 imposes a tax on the estate or inheritance of a person who is
28 not a resident of that state on such property of that person
29 located in that state. The rate of the tax shall be the same as
30 the rate imposed by the state in which the natural person is a
31 resident, and the amount of the tax due shall be the additional
32 tax resulting from adding such property to the tax return filed
33 in the state in which the natural person resided at death. The
34 tax shall be paid within 12 months after the natural person’s
35 death the amount of which shall be a sum equal to such
36 proportion of the amount of the credit allowable under the
37 applicable federal revenue act for estate, inheritance, legacy,
38 and succession taxes actually paid to the several states, as the
39 value of the property taxable in this state bears to the value
40 of the entire gross estate wherever situate.
41 Section 3. This act shall take effect July 1, 2010.