Florida Senate - 2010 SB 858 By Senator Altman 24-00268-10 2010858__ 1 A bill to be entitled 2 An act relating to the tax on sales, use, and other 3 transactions; amending s. 212.02, F.S.; defining the 4 term “fractional aircraft ownership program”; amending 5 s. 212.08, F.S.; providing tax exemptions on the sale 6 or use of aircraft primarily used in a fractional 7 aircraft ownership program and for the parts and labor 8 used in the maintenance, repair, and overhaul of such 9 aircraft; creating s. 212.0597, F.S.; providing a 10 maximum tax on the sale or use of fractional aircraft 11 ownership interests; providing an effective date. 12 13 WHEREAS, Florida has identified aviation and aerospace as 14 industries suitable for economic development, and 15 WHEREAS, Florida has determined that the synergy in the 16 space, aerospace, and aviation industries attracts the world’s 17 leading businesses to the state, and 18 WHEREAS, Florida employs approximately 80,000 people in the 19 aviation and aerospace industries at an average annual wage of 20 $52,000, and 21 WHEREAS, Florida has the third-largest aviation 22 maintenance, repair, and overhaul cluster in the United States 23 and has strategies directed toward expanding these aviation 24 support services, and 25 WHEREAS, Florida intends to remain competitive with other 26 states as additional innovative commercial air transportation 27 products are developed, NOW, THEREFORE, 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsection (34) is added to section 212.02, 32 Florida Statutes, to read: 33 212.02 Definitions.—The following terms and phrases when 34 used in this chapter have the meanings ascribed to them in this 35 section, except where the context clearly indicates a different 36 meaning: 37 (34) “Fractional aircraft ownership program” means a 38 program that meets the requirements of 14 C.F.R part 91, subpart 39 K, relating to fractional ownership operations, except that the 40 business or affiliated group, as defined by s. 1504(a) of the 41 Internal Revenue Code, must own or lease a minimum of 25 42 aircraft. Such aircraft must be used in the fractional aircraft 43 ownership program providing the program. 44 Section 2. Paragraph (ggg) is added to subsection (7) of 45 section 212.08, Florida Statutes, to read: 46 212.08 Sales, rental, use, consumption, distribution, and 47 storage tax; specified exemptions.—The sale at retail, the 48 rental, the use, the consumption, the distribution, and the 49 storage to be used or consumed in this state of the following 50 are hereby specifically exempt from the tax imposed by this 51 chapter. 52 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 53 entity by this chapter do not inure to any transaction that is 54 otherwise taxable under this chapter when payment is made by a 55 representative or employee of the entity by any means, 56 including, but not limited to, cash, check, or credit card, even 57 when that representative or employee is subsequently reimbursed 58 by the entity. In addition, exemptions provided to any entity by 59 this subsection do not inure to any transaction that is 60 otherwise taxable under this chapter unless the entity has 61 obtained a sales tax exemption certificate from the department 62 or the entity obtains or provides other documentation as 63 required by the department. Eligible purchases or leases made 64 with such a certificate must be in strict compliance with this 65 subsection and departmental rules, and any person who makes an 66 exempt purchase with a certificate that is not in strict 67 compliance with this subsection and the rules is liable for and 68 shall pay the tax. The department may adopt rules to administer 69 this subsection. 70 (ggg) Fractional aircraft ownership programs.—The sale or 71 use of aircraft primarily used in a fractional aircraft 72 ownership program, and any parts or labor used in the 73 completion, maintenance, repair, or overhaul of such aircraft. 74 The exemption is not allowed unless the purchaser or lessee 75 furnishes the dealer with a certificate stating that the lease, 76 purchase, repair, or maintenance is for aircraft primarily used 77 in a fractional aircraft ownership program and that the 78 purchaser or lessee qualifies for the exemption. If a purchaser 79 or lessee makes tax-exempt purchases on a continual basis, the 80 purchaser or lessee may allow the dealer to keep the certificate 81 on file. The purchaser or lessee must inform a dealer that keeps 82 the certificate on file if the purchaser or lessee no longer 83 qualifies for the exemption. The department shall adopt rules to 84 administer this section, including rules determining the format 85 of the certificate. 86 Section 3. Section 212.0597, Florida Statutes, is created 87 to read: 88 212.0597 Maximum tax on fractional aircraft ownership 89 interests.—The maximum tax imposed under this chapter, including 90 any discretionary sales surtax under s. 212.055, is limited to 91 $300 on the sale or use in this state of a fractional ownership 92 interest in aircraft pursuant to a fractional aircraft ownership 93 program. The tax applies to the total consideration paid for the 94 fractional ownership interest, including any amounts paid by the 95 fractional owner as monthly management or maintenance fees. The 96 tax applies only if the fractional ownership interest is sold by 97 or to the operator of the fractional aircraft ownership program, 98 or if the fractional ownership interest is transferred upon the 99 approval of the operator of the fractional aircraft ownership 100 program. 101 Section 4. This act shall take effect July 1, 2010.