1 | A bill to be entitled |
2 | An act relating to taxation of communications services; |
3 | amending s. 202.16, F.S.; requiring tax amounts and |
4 | brackets made available to communications services dealers |
5 | by the Department of Revenue for computing the |
6 | communication services tax to be based on a rounding |
7 | algorithm; specifying mathematical criteria for the |
8 | rounding algorithm; authorizing a communications services |
9 | dealer to compute the tax on an item or an invoice basis; |
10 | requiring the department to allow application of the |
11 | rounding algorithm to certain aggregated state and local |
12 | taxes; directing the department to allow, but not require, |
13 | a dealer to collect taxes on communications services based |
14 | on a bracket system; providing construction; providing for |
15 | retroactive application; providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
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19 | Section 1. Subsection (3) of section 202.16, Florida |
20 | Statutes, is amended to read: |
21 | 202.16 Payment.-The taxes imposed or administered under |
22 | this chapter and chapter 203 shall be collected from all dealers |
23 | of taxable communications services on the sale at retail in this |
24 | state of communications services taxable under this chapter and |
25 | chapter 203. The full amount of the taxes on a credit sale, |
26 | installment sale, or sale made on any kind of deferred payment |
27 | plan is due at the moment of the transaction in the same manner |
28 | as a cash sale. |
29 | (3)(a) Notwithstanding the rate of tax on the sale of |
30 | communications services imposed pursuant to this chapter and |
31 | chapter 203, the department shall make available in an |
32 | electronic format or otherwise the tax amounts and brackets |
33 | applicable to each taxable sale based on a rounding algorithm |
34 | that meets the following criteria: |
35 | 1. Tax computation must be carried to the third decimal |
36 | place. |
37 | 2. The tax must be rounded to a whole cent using a method |
38 | that rounds up to the next cent whenever the third decimal place |
39 | is greater than four. |
40 | (b) A dealer may compute the tax due on a taxable sale on |
41 | an item or an invoice basis, and the department must allow |
42 | application of the rounding algorithm to the aggregated state |
43 | and local taxes imposed under this chapter and chapter 203. The |
44 | department must allow, but may not require, a dealer to collect |
45 | the tax based on a bracket system such that the tax collected |
46 | results in a tax rate no less than the tax rate imposed pursuant |
47 | to this chapter and chapter 203. |
48 | Section 2. The amendments made by this act to section |
49 | 202.16, Florida Statutes, are intended to be remedial in nature |
50 | and apply retroactively. The amendments do not provide a basis |
51 | for an assessment of any tax not paid, or create a right to a |
52 | refund of any tax paid, under section 202.16, Florida Statutes, |
53 | before July 1, 2011. |
54 | Section 3. This act shall take effect July 1, 2011. |