| 1 | A bill to be entitled |
| 2 | An act relating to communications services taxes; amending |
| 3 | s. 202.29, F.S.; authorizing dealers to report a credit |
| 4 | for bad debt by netting the credit against the tax due; |
| 5 | authorizing dealers to use a proportionate allocation |
| 6 | method or other reasonable method in determining the |
| 7 | amount of bad debt attributable to the state or local |
| 8 | jurisdiction; providing for retroactive operation; |
| 9 | specifying that the act is remedial in nature and not a |
| 10 | basis for certain refunds of tax; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (4) is added to section 202.29, |
| 16 | Florida 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 |
| 24 | that 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 | 2010. |
| 34 | Section 3. This act shall take effect July 1, 2010. |