Florida Senate - 2012 SB 1384
By Senator Bennett
21-01060-12 20121384__
1 A bill to be entitled
2 An act relating to taxes; amending s. 212.08, F.S.;
3 expanding exemptions from the sales and use tax on
4 labor and parts and equipment used in aircraft repairs
5 on certain aircraft weighing more than 2,000 pounds;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraphs (ee) and (rr) of subsection (7) of
11 section 212.08, Florida Statutes, are amended to read:
12 212.08 Sales, rental, use, consumption, distribution, and
13 storage tax; specified exemptions.—The sale at retail, the
14 rental, the use, the consumption, the distribution, and the
15 storage to be used or consumed in this state of the following
16 are hereby specifically exempt from the tax imposed by this
17 chapter.
18 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
19 entity by this chapter do not inure to any transaction that is
20 otherwise taxable under this chapter when payment is made by a
21 representative or employee of the entity by any means,
22 including, but not limited to, cash, check, or credit card, even
23 when that representative or employee is subsequently reimbursed
24 by the entity. In addition, exemptions provided to any entity by
25 this subsection do not inure to any transaction that is
26 otherwise taxable under this chapter unless the entity has
27 obtained a sales tax exemption certificate from the department
28 or the entity obtains or provides other documentation as
29 required by the department. Eligible purchases or leases made
30 with such a certificate must be in strict compliance with this
31 subsection and departmental rules, and any person who makes an
32 exempt purchase with a certificate that is not in strict
33 compliance with this subsection and the rules is liable for and
34 shall pay the tax. The department may adopt rules to administer
35 this subsection.
36 (ee) Aircraft repair and maintenance labor charges.—There
37 shall be exempt from the tax imposed by this chapter all labor
38 charges for the repair and maintenance of qualified aircraft,
39 aircraft of more than 2,000 15,000 pounds maximum certified
40 takeoff weight, and rotary wing aircraft of more than 10,000
41 pounds maximum certified takeoff weight. Except as otherwise
42 provided in this chapter, charges for parts and equipment
43 furnished in connection with such labor charges are taxable.
44 (rr) Equipment used in aircraft repair and maintenance.
45 There shall be exempt from the tax imposed by this chapter
46 replacement engines, parts, and equipment used in the repair or
47 maintenance of qualified aircraft, aircraft of more than 2,000
48 15,000 pounds maximum certified takeoff weight, and rotary wing
49 aircraft of more than 10,300 pounds maximum certified takeoff
50 weight, when such parts or equipment are installed on such
51 aircraft that is being repaired or maintained in this state.
52 Section 2. This act shall take effect July 1, 2012.