Florida Senate - 2013                                    SB 1006
       
       
       
       By Senator Lee
       
       
       
       
       24-00299D-13                                          20131006__
    1                        A bill to be entitled                      
    2         An act relating to tax credits or refunds; reordering
    3         and amending s. 212.17, F.S.; providing procedures,
    4         requirements, and calculation methodologies that allow
    5         dealers or lenders to obtain tax credits or refunds
    6         for taxes paid on worthless or uncollectable private
    7         label credit card or dealer credit card program
    8         accounts or receivables; providing definitions;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 212.17, Florida Statutes, is reordered
   14  and amended to read:
   15         212.17 Tax credits or refunds for returned goods, rentals,
   16  or admissions; goods acquired for dealer’s own use and
   17  subsequently resold; additional powers of department.—
   18         (1)(a) If In the event purchases are returned to a dealer
   19  by the purchaser or consumer after the tax imposed by this
   20  chapter has been collected from or charged to the account of the
   21  consumer or user, the dealer is shall be entitled to
   22  reimbursement of the amount of tax collected or charged by the
   23  dealer, in the manner prescribed by the department.
   24         (b) A registered dealer that purchases property for the
   25  dealer’s own use, pays tax on acquisition, and sells the
   26  property subsequent to acquisition without ever having used the
   27  property is entitled to reimbursement, in the manner prescribed
   28  by the department, of the amount of tax paid on the property’s
   29  acquisition.
   30         (c) If the tax has not been remitted by a dealer to the
   31  department, the dealer may deduct the same in submitting his or
   32  her return upon receipt of a signed statement by of the dealer
   33  as to the gross amount of such refunds during the period covered
   34  by the said signed statement, which may period shall not be
   35  longer than 90 days. The department shall issue to the dealer an
   36  official credit memorandum equal to the net amount remitted by
   37  the dealer for such tax collected or paid. Such memorandum shall
   38  be accepted by the department at full face value from the dealer
   39  to whom it is issued upon, in the remittance of for subsequent
   40  taxes accrued under the provisions of this chapter. If a dealer
   41  has retired from business and has filed a final return, a refund
   42  of tax may be made if it can be established to the satisfaction
   43  of the department that the tax was not due.
   44         (2) A dealer who has paid the tax imposed by this chapter
   45  on tangible personal property sold under a retained title,
   46  conditional sale, or similar contract, or under a contract where
   47  wherein the dealer retains a security interest in the property
   48  pursuant to chapter 679, may take credit or obtain a refund for
   49  the tax paid by the dealer on the unpaid balance due him or her
   50  when he or she repossesses the property, (with or without
   51  judicial process,) the property within 12 months after following
   52  the month in which the property was repossessed. If When such
   53  repossessed property is resold, the sale is subject in all
   54  respects to the tax imposed by this chapter.
   55         (3) Except as provided under subsection (4), a dealer who
   56  has paid the tax imposed by this chapter on tangible personal
   57  property or services may take a credit or obtain a refund for
   58  any tax paid by the dealer on the unpaid balance due on
   59  worthless accounts within 12 months after following the month in
   60  which the bad debt has been charged off for federal income tax
   61  purposes. If any accounts so charged off for which a credit or
   62  refund has been obtained are subsequently, thereafter in whole
   63  or in part, paid to the dealer, the amount so paid shall be
   64  included in the first return filed after such collection and the
   65  tax paid accordingly.
   66         (4) With respect to the payment of taxes on purchases made
   67  through a private-label credit card or dealer credit program:
   68         (a) If consumer accounts or receivables are found to be
   69  worthless or uncollectible, the dealer may claim a credit for,
   70  or obtain a refund of, the tax remitted by the dealer on the
   71  unpaid balance due if:
   72         1. The accounts or receivables have been charged off as bad
   73  debt on the lender’s books and records on or after January 1,
   74  2013;
   75         2. A credit was not previously claimed and a refund was not
   76  previously allowed on any portion of the accounts or
   77  receivables; and
   78         3. The credit or refund is claimed within 12 months after
   79  the month in which the bad debt is charged off by the lender for
   80  federal income tax purposes.
   81         (b) If the dealer or the lender subsequently collects, in
   82  whole or in part, the accounts or receivables for which a credit
   83  or refund has been granted under paragraph (a), the dealer must
   84  include the taxable percentage of the amount collected in the
   85  first return filed after the collection and pay the tax on the
   86  portion of that amount for which a credit or refund was granted.
   87         (c)The credit or refund allowed includes all credit sale
   88  transaction amounts that are outstanding in the specific
   89  private-label credit card account or receivable at the time the
   90  account or receivable is charged off, regardless of the date the
   91  credit sale transaction actually occurred.
   92         (d)A dealer may use one of the following methods to
   93  determine the amount of the credit or refund:
   94         1. An apportionment method to substantiate the amount of
   95  tax imposed under this chapter which is included in the bad debt
   96  to which the credit or refund applies. The method must use the
   97  dealer’s state and nonstate sales, the dealer’s taxable and
   98  nontaxable sales, and the amount of tax the dealer remitted to
   99  this state; or
  100         2. A specified percentage of the accounts or receivables
  101  giving rise to the credit or refund, which is derived from a
  102  sampling of the dealer’s or lender’s records in accordance with
  103  a methodology agreed upon by the department and the dealer.
  104         (e)For purposes of computing the credit or refund,
  105  payments on the accounts or receivables shall be allocated based
  106  on the terms and conditions of the contract between the dealer
  107  or lender and the consumer.
  108         (f)A dealer’s credit or refund for tax on bad debt may be
  109  claimed on any return filed by an entity related by a direct or
  110  indirect common ownership of 50 percent or more.
  111         (g)For purposes of this subsection, the term:
  112         1. Dealer’s affiliates” means an entity affiliated with
  113  the dealer under 26 U.S.C. s. 1504, or an entity that would be
  114  an affiliate under that section had the entity been a
  115  corporation.
  116         2. Dealer creditmeans program arrangements where credit
  117  is extended for a specific purchase from a dealer. The term does
  118  not include arrangements for purchases of titled property such
  119  as motor vehicles, vessels, or motor homes.
  120         3. “Lender” means a person who owns or owned a private
  121  label credit card account or a dealer credit account, or an
  122  interest in a private-label credit card receivable or dealer
  123  credit receivable that:
  124         a. The person purchased directly from a dealer or its
  125  affiliates who remitted the tax imposed under this chapter or
  126  transferred from a third party;
  127         b. The person originated pursuant to that person’s contract
  128  with the dealer or its affiliates who remitted the tax imposed
  129  under this chapter; or
  130         c. Is affiliated in the manner described under 26 U.S.C. s.
  131  1504, regardless of whether the different entities are
  132  corporations, to a person described in paragraph (1)(a) or
  133  paragraph (1)(b), or an assignee or other transferee of such
  134  person.
  135         4. “Private-label credit card” means a charge card or
  136  credit card that carries, refers to, or is branded with the name
  137  or logo of a dealer and can be used for purchases from the
  138  dealer whose name or logo appears on the card or for purchases
  139  from the dealer’s affiliates or franchisees. The term includes
  140  dual cards, which are cobranded credit cards that may also be
  141  used to make purchases from persons other than the dealer whose
  142  name or logo appears on the card or the dealer’s affiliates or
  143  franchisees. The sales receipts of the dealer and the dealer’s
  144  affiliates or franchisees must be identifiable apart from any
  145  receipts reflecting sales by unrelated persons. This subsection
  146  does not authorize any credits or refunds with respect to sales
  147  by such unrelated persons.
  148         (6)(4)(a) The department shall design, prepare, print and
  149  furnish to all dealers, except dealers filing through electronic
  150  data interchange, or make available or prescribe to the dealers,
  151  all necessary forms for filing returns and instructions to
  152  ensure a full collection from dealers and an accounting for the
  153  taxes due. The, but failure of a any dealer to secure such forms
  154  does not relieve the dealer from the payment of the tax at the
  155  time and in the manner provided.
  156         (b) The department shall prescribe the format and
  157  instructions necessary for filing returns in a manner that is
  158  initiated through an electronic data interchange to ensure a
  159  full collection from dealers and an accounting for the taxes
  160  due. The failure of a any dealer to use such format does not
  161  relieve the dealer from the payment of the tax at the time and
  162  in the manner provided.
  163         (7)(5) The department and its assistants are hereby
  164  authorized and empowered to administer the oath for the purpose
  165  of enforcing and administering the provisions of this chapter.
  166         (8)(6) The department may has authority to adopt rules
  167  pursuant to ss. 120.536(1) and 120.54 to administer and enforce
  168  the provisions of this section chapter.
  169         (5)(7) The department, where admissions, license fees, or
  170  rental payments or payments for services are made and thereafter
  171  returned to the payors after the taxes thereon have been paid,
  172  shall return or credit the taxpayer for taxes so paid on the
  173  moneys returned in the same manner as is provided for returns or
  174  credits of taxes where purchases or tangible personal property
  175  are returnable to a dealer.
  176         Section 2. This act shall take effect July 1, 2013.