Florida Senate - 2016 SB 116
By Senator Hukill
8-00054-16 2016116__
1 A bill to be entitled
2 An act relating to the tax on sales, use, and other
3 transactions; amending s. 212.031, F.S.; reducing the
4 tax levied on rental or license fees charged for the
5 use of real property; making technical changes;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraphs (c) and (d) of subsection (1) of
11 section 212.031, Florida Statutes, are amended to read:
12 212.031 Tax on rental or license fee for use of real
13 property.—
14 (1)
15 (c) For the exercise of such privilege, a tax is levied in
16 an amount equal to 5 6 percent of and on the total rent or
17 license fee charged for such real property by the person
18 charging or collecting the rental or license fee. The total rent
19 or license fee charged for such real property must shall include
20 payments for the granting of a privilege to use or occupy real
21 property for any purpose and must shall include base rent,
22 percentage rents, or similar charges. Such charges must shall be
23 included in the total rent or license fee subject to tax under
24 this section whether or not they can be attributed to the
25 ability of the lessor’s or licensor’s property as used or
26 operated to attract customers. Payments for intrinsically
27 valuable personal property such as franchises, trademarks,
28 service marks, logos, or patents are not subject to tax under
29 this section. If In the case of a contractual arrangement that
30 provides for both payments that are taxable as total rent or
31 license fee and payments that are not taxable subject to tax,
32 the tax shall be based on a reasonable allocation of such
33 payments and does shall not apply to the that portion which is
34 for the nontaxable payments.
35 (d) If When the rental or license fee of any such real
36 property is paid by way of property, goods, wares, merchandise,
37 services, or other thing of value, the tax shall be at the rate
38 of 5 6 percent of the value of the property, goods, wares,
39 merchandise, services, or other thing of value.
40 Section 2. This act shall take effect January 1, 2017.