| 1 | A bill to be entitled |
| 2 | An act relating to estate, inheritance, and other death |
| 3 | taxes; providing a short title; creating s. 198.46, F.S.; |
| 4 | providing definitions; imposing a retaliatory tax on |
| 5 | property of a nonresident decedent when the nonresident's |
| 6 | state of domicile imposes estate, inheritance, or other |
| 7 | death taxes upon a resident of this state; providing a |
| 8 | limitation; specifying tax rate criteria; providing tax |
| 9 | payment requirements; providing application; providing an |
| 10 | effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. This act may be cited as the "Florida Taxpayers |
| 15 | Protection Act." |
| 16 | Section 2. Section 198.46, Florida Statutes, is created to |
| 17 | read: |
| 18 | 198.46 Retaliatory estate, inheritance, or other death |
| 19 | taxes.- |
| 20 | (1) For purposes of this section, the term: |
| 21 | (a) "Nonresident" means any person who is not a resident |
| 22 | of this state but is a resident of the United States. |
| 23 | (b) "State of domicile" means the state where a person is |
| 24 | a resident. |
| 25 | (2) A tax is imposed upon the transfer of property located |
| 26 | in this state of every person who at the time of death was a |
| 27 | nonresident. The tax is imposed only if the nonresident's state |
| 28 | of domicile imposes an estate, inheritance, or other death tax |
| 29 | upon the transfer of the property of a resident of this state |
| 30 | that is located in that state and the amount of tax is in excess |
| 31 | of the amount of such taxes that would be imposed by this state |
| 32 | on transfers of such nonresident's similar property located in |
| 33 | this state. |
| 34 | (3) The tax due under this section shall be equal to the |
| 35 | tax that a nonresident would have to pay under the laws of his |
| 36 | or her state of domicile if he or she were a resident of this |
| 37 | state and the nonresident's property located in this state were |
| 38 | located in the nonresident's state of domicile and the |
| 39 | nonresident's property located in the state of domicile were |
| 40 | located in this state. |
| 41 | (4) Notwithstanding any other provision of this chapter, |
| 42 | the tax imposed by this section is due and payable, and tax |
| 43 | returns are due, on or before the last day prescribed by the |
| 44 | laws of the nonresident's state of domicile for the payment of |
| 45 | tax or the filing of returns. |
| 46 | Section 3. This act shall take effect July 1, 2011, and |
| 47 | shall apply to nonresidents who die after June 30, 2011. |