1 | A bill to be entitled |
2 | An act relating to tax administration; amending s. 198.13, |
3 | F.S.; extending the period of exemption under certain |
4 | circumstances from the filing of returns with respect to |
5 | tax on estates of decedents or tax on generation-skipping |
6 | transfers; providing for retroactive application; creating |
7 | s. 212.133, F.S.; requiring sellers of alcoholic beverages |
8 | or tobacco products to file information reports of sales |
9 | of those products to retailers in this state with the |
10 | Department of Revenue; providing definitions; requiring |
11 | such reports to be filed electronically and to include |
12 | specified information; authorizing the department to waive |
13 | certain requirements; providing penalties for |
14 | noncompliance; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Retroactive to January 1, 2011, subsection (4) |
19 | of section 198.13, Florida Statutes, is amended to read: |
20 | 198.13 Tax return to be made in certain cases; certificate |
21 | of nonliability.- |
22 | (4) Notwithstanding any other provisions of this section |
23 | and applicable to the estate of a decedent who dies after |
24 | December 31, 2004, if, upon the death of the decedent, a state |
25 | death tax credit or a generation-skipping transfer credit is not |
26 | allowable pursuant to the Internal Revenue Code of 1986, as |
27 | amended: |
28 | (a) The personal representative of the estate is not |
29 | required to file a return under subsection (1) in connection |
30 | with the estate. |
31 | (b) The person who would otherwise be required to file a |
32 | return reporting a generation-skipping transfer under subsection |
33 | (3) is not required to file such a return in connection with the |
34 | estate. |
35 |
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36 | The provisions of this subsection do not apply to estates of |
37 | decedents dying after December 31, 2012 2010. |
38 | Section 2. Section 212.133, Florida Statutes, is created |
39 | to read: |
40 | 212.133 Information reports required for sales of |
41 | alcoholic beverages and tobacco products.- |
42 | (1)(a) For the sole purpose of enforcing the collection of |
43 | the tax levied by this chapter on retail sales, the department |
44 | shall require every seller of alcoholic beverages or tobacco |
45 | products to file an information report of any sales of those |
46 | products to any retailer in this state. |
47 | (b) As used in this section, the term: |
48 | 1. "Retailer" means a person engaged in the business of |
49 | making sales at retail and who holds a license pursuant to |
50 | chapters 561 through 565 or a permit pursuant to chapters 210 |
51 | and 569. |
52 | 2. "Seller" means any manufacturer, wholesaler, or |
53 | distributor of alcoholic beverages or tobacco products who sells |
54 | to a retailer in this state. |
55 | (2)(a) The information report must be filed electronically |
56 | by using the department's e-filing website or secure file |
57 | transfer protocol or electronic data interchange files with the |
58 | department's e-filing provider. The information report must |
59 | contain: |
60 | 1. The seller's name. |
61 | 2. The seller's beverage license or tobacco permit number. |
62 | 3. The retailer's name. |
63 | 4. The retailer's beverage license or tobacco permit |
64 | number. |
65 | 5. The retailer's address, including street address, |
66 | municipality, state, and five-digit zip code. |
67 | 6. The general item type, such as cigarettes, cigars, |
68 | tobacco, beer, wine, spirits, or any combination of those items. |
69 | 7. The net monthly sales total, in dollars sold to each |
70 | retailer. |
71 | (b) The department may annually waive the requirement to |
72 | submit the information report through an electronic data |
73 | interchange due to problems arising from the seller's computer |
74 | capabilities, data system changes, or operating procedures. The |
75 | annual request for a waiver must be in writing and the seller |
76 | must demonstrate that such circumstances exist. A waiver under |
77 | this paragraph does not operate to relieve the seller from the |
78 | obligation to file an information report. |
79 | (3) The information report must contain the required |
80 | information for the period from July 1 through June 30. The |
81 | information report is due annually on July 1 for the preceding |
82 | reporting period and is delinquent if not received by the |
83 | department by September 30. |
84 | (4) Any seller who fails to provide the information report |
85 | by September 30 is subject to a penalty of $1,000 for every |
86 | month, or part thereof, the report is not provided, up to a |
87 | maximum amount of $10,000. This penalty must be settled or |
88 | compromised if it is determined by the department that the |
89 | noncompliance is due to reasonable cause and not to willful |
90 | negligence, willful neglect, or fraud. |
91 | Section 3. This act shall take effect upon becoming a law. |
92 |
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