Florida Senate - 2011 CS for CS for SB 1198 By the Committees on Budget; and Communications, Energy, and Public Utilities; and Senator Bogdanoff 576-04677-11 20111198c2 1 A bill to be entitled 2 An act relating to communications services tax; 3 amending s. 202.16, F.S.; requiring that a dealer 4 compute the communications services tax based on a 5 rounding algorithm; providing criteria; providing for 6 application of the tax; providing options to the 7 dealer for applying the rounding algorithm; providing 8 that a dealer may apply the rounding algorithm to the 9 aggregate tax amount under certain conditions; 10 providing that a dealer is not required to collect the 11 tax based on a bracket system; removing the provision 12 requiring the Department of Revenue to make available 13 tax amounts and applicable brackets; providing that 14 the provisions of the act are remedial in nature and 15 apply retroactively; providing that the act does not 16 provide a basis for assessment of any tax not paid or 17 create a right to certain refunds or credits; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (3) of section 202.16, Florida 23 Statutes, is amended to read: 24 202.16 Payment.—The taxes imposed or administered under 25 this chapter and chapter 203 shall be collected from all dealers 26 of taxable communications services on the sale at retail in this 27 state of communications services taxable under this chapter and 28 chapter 203. The full amount of the taxes on a credit sale, 29 installment sale, or sale made on any kind of deferred payment 30 plan is due at the moment of the transaction in the same manner 31 as a cash sale. 32 (3)(a) A dealer must compute the tax due on the sale of 33 communications services imposed pursuant to this chapter and 34 chapter 203 based on a rounding algorithm that meets the 35 following criteria: 36 1. The computation of the tax must be carried to the third 37 decimal place. 38 2. The tax must be rounded to a whole cent using a method 39 that rounds up to the next cent whenever the third decimal place 40 is greater than four. 41 (b) The rounding algorithm must be applied to the local 42 communications services tax imposed pursuant to this chapter 43 separately from its application to the communications services 44 taxes imposed pursuant to s. 202.12 and the gross receipts taxes 45 imposed pursuant to s. 203.01. 46 (c) A dealer may apply the rounding algorithm to the taxes 47 imposed pursuant to ss. 202.12 and 203.01 in one of the 48 following ways: 49 1. Apply the rounding algorithm to the combined taxes 50 imposed pursuant to ss. 202.12 and 203.01. 51 2. Apply the rounding algorithm to the communications 52 services taxes imposed pursuant to s. 202.12(1) and apply the 53 rounding algorithm separately to the combined gross receipts 54 taxes imposed pursuant to ss. 203.01(1)(b)2. and 203.01(1)(b)3. 55 3. Apply the rounding algorithm to the combined taxes 56 imposed pursuant to ss. 202.12(1) and 203.01(1)(b)3., as allowed 57 by ss. 202.12001 and 203.001, and apply the rounding algorithm 58 separately to the gross receipts tax imposed pursuant to s. 59 203.01(1)(b)2. 60 (d) Under paragraph (b) or paragraph (c), a dealer may 61 apply the rounding algorithm to the aggregate tax amount that is 62 computed on all taxable items on an invoice or to each tax 63 amount that is computed on one or more, but less than all, 64 taxable items on an invoice. The aggregate tax amount for all 65 items on the invoice must equal at least the result that would 66 have been obtained if the rounding algorithm had been applied to 67 the aggregate tax amount computed on all taxable items on the 68 invoice. A dealer may satisfy this requirement by setting a 69 minimum tax amount of not less than 1 cent with respect to each 70 item, or group of items, to which the rounding algorithm is 71 applied. 72 (e) The department may not require a dealer to collect the 73 tax based on a bracket system.Notwithstanding the rate of tax74on the sale of communications services imposed pursuant to this75chapter and chapter 203, the department shall make available in76an electronic format or otherwise the tax amounts and brackets77applicable to each taxable sale such that the tax collected78results in a tax rate no less than the tax rate imposed pursuant79to this chapter and chapter 203.80 Section 2. This act is intended to be remedial in nature 81 and applies retroactively. This act does not provide a basis for 82 an assessment of any tax not paid or create a right to a refund 83 or credit of any tax paid under s. 202.16, Florida Statutes, 84 before July 1, 2011. 85 Section 3. This act shall take effect July 1, 2011.